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Just tried it without the checkbox ticked, and it does appear to be mandatory.

"You must read and agree to the JustFab VIP Membership Terms of Service."

Which makes sense - I bet they're making a killing on zombie subscription fees and little on legitimate users.

And there does not seem to be any opt-out option in the profile settings (at least not without having completed checkout).

Even that line which you say comes up when you don't check the box is likely to be misread by users who are used to having to check a terms of service box on most of everything.

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