Have terms of service ever rigorously been tested in court? My daughter created an Uber account for me, and she agreed to the terms of service, not me. Despite having no contractual relationship with me, Uber continues to render services. I wonder what would happen if we were to get into a contractual dispute.
What if, instead of signing up for a service myself, I paid my neighbor's 11-year-old kid a few Christmas cookies to sign me up, while I washed my car? Neither I, nor any legal adult, was around when she was skipping past the legal junk, or clicking "I agree" when required.
What if I use developer tools to edit the contract before I click "Accept"? I doubt there is a single website in the world that takes whatever text is displayed and saves that for each individual account. I could print out a copy before I click accpet so that there would be a record of it, if I went to court. Is it a contract if I don't sign it, but merely click accept, and if they don't sign it either and then provide a copy with both signatures?