Tuesday, December 4, 2007

Is Quixtar's Mike Mohr the Real Dr. Evil?

Many thanks to “hurting inside” for your comments to my last post.

Dick, (and the rest of you in Ada) - you really should review his (or her) site: http://livesturnedupsidedown.blogspot.com/

In the post about your new company Fanista, this person does a splendid job of analysing the contract and rules language. (Bravo “hurting inside”! I know you are. So are the rest of us.)

A few paragraphs stood out on my first perusal when I remembered that your dad and Jay began their business on a handshake. My how far you’ve come in 50 years! The family must be so proud of Mr. Mohr! (Italics in the text below are mine.)


“We reserve the right, in our sole discretion, to refuse service, terminate accounts, cancel orders, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, without notice or liability.” Lovely that!

“You agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site in violation of these Terms of Use.” Sure I do! And I'm sure you get to decide what constitutes my 'use or misuse'. Sounds fair to me!

“We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content, features, or applications provided on, or accessible from, this site.” Why would you? It’s only your site.

“In no event will we be liable, nor do we assume responsibility for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this site (or the content or services provided on, or accessible from this site), or otherwise, even if we are advised of the possibility of such damages.” But of course! Why should you be held responsible for anything? It's just your business.

“We reserve the right, in our sole discretion, to change these Terms of Use at any time. Updated versions of the Terms of Use will be posted here on our Site and are effective immediately. […] Continued use of the Site after any changes to the Terms of Use constitutes your consent to such changes.” Naturally!

“The relationship formed between Participants and the Company includes, without limitation, the following: (1) the terms and conditions set forth in the Fanista CIC Registration Agreement; (2) these Rules of Conduct, including the CIC Plan and agreement to arbitrate, and (3) the Terms of Use posted on the Fanista.com Web site. The same, along with any pricing and fees, may be modified, supplemented, or amended from time to time by Fanista without prior notice.”

[Source: http://www.fanista.com/]

Wow. Now there’s a company I can’t wait to get into business with! (For those of you in Ada, that’s sarcasm.) I especially like those last two paragraphs which say in plain English: “We can change the deal on you however and whenever we want and we don’t even have to tell you we did it. And by the way, if you so much as view our site, we gotcha!”

Kudos Mr. Mohr! How positively Putinesque of you! What a brilliantly evil piece of work! Wait! The Real Mike Mohr?Perhaps you are the real Dr. Evil!? Is there a Mini-Mohr? Are you going to use your "laser"? Who is your Number 2? Is it Jimmy the Payne? No no, don’t tell us! We’re keen to guess!





Dump this clown Dick!

2 comments:

Will said...

They actually paid someone who invested in college just to write all that? Wow, imagine that guy's legacy - I was the best at self-centered legal print. Jesus will be real impressed with that one.

Hurting Inside said...

Thank you for your support! We are all in this together!

http://livesturnedupsidedown.blogspot.com/