Over at the ContractsProf blog, law professor Nancy Kim has a post that wonders whether Google’s terms of service are “illusory” and therefore not binding. Her concern is that the terms of service state that Google can unilaterally amend the terms at any time.
I posted a comment suggesting that the answer to her question is no:
- According to the terms of service, any unilateral amendment by Google would be prospective only;
- As a result, each time a user transmits (let’s say) a search request, that forms a unilateral contract whose terms are fixed as those of the then-current terms of service.