Imagine you have purchased some food item for consumption and upon opening it you find a notice printed (faintly and hard-to-read) on the seal that by opening and consuming the product you agree to the company's terms and conditions. It might look something like this:
and sure enough, it contains a link (https://www.vitalproteins.com/tc) to very typical terms and conditions, including a binding arbitration agreement.
Having never seen something like this before, you can't help but wonder: is printing a link to terms and service on a food item and stating that you agree to those terms by opening and consuming it, actually a valid way to create a contract between the company and the consumer? If, for instance, a quality control issue caused a large number of people to get sick, who then started a class action lawsuit, could the company in question reject the lawsuit due to their terms and conditions and expect that to be taken seriously in a court of law?
