An example of overlawyered online terms of service, from a health-care provider

I was just asked to sign up for a health-care provider’s online portal in anticipation of an appointment next week. The terms of service (“TOS”) say (paraphrasing) “we can change these TOS anytime, and the changes will be effective immediately. YOU AGREE TO PERIODICALLY REVIEW THESE TOS FOR CHANGE.” (All-caps in the original.)

[Nuts to] that. That provision is likely unenforceable [1], but I’m going to make them burn human time to get my co-pay, patient history, etc.

[1] See, e.g., Douglas v. United States District Court ex rel. Talk America Inc., 493 F.3d 1062, 1066 (9th Cir. 2007). Accord: Heckman v. Live Nation Entertainment, Inc., 120 F.4th 670, 682 (9th Cir. 2024) (affirming holding that arbitration agreement and its delegation agreement were unconscionable); Stover v. Experian Holdings, Inc., 978 F.3d 1082 (9th Cir. 2020) (affirming order compelling arbitration; consumer could not claim benefit of new agreement terms when she had not received notice); Rodman v. Safeway Inc., No. 11-cv-03003-JST part III-C (N.D. Cal. Dec. 10, 2014) (granting motion for summary judgment that Safeway had overcharged on-line customers).