Finally, Count Fourteen alleges that SexSearch failed to warn Doe that a minor may be a member of the service

Finally, Count Fourteen alleges that SexSearch failed to warn Doe that a minor may be a member of the service

United States Court of Appeals,Sixth Circuit

Counts Eleven through Thirteen allege common-law unconscionability in the Terms and Conditions. At common law, unconscionability is a defense against enforcement, not a basis for recovering damages. See, e.g., Restatement (Second) of Contracts § 208 (1981) (“If a contract or term thereof is unconscionable at the time the contract is made a court may refuse to enforce the contract, or may enforce the remainder of the contract without the unconscionable term, or may so limit the application of any unconscionable term as to avoid any unconscionable result.”); Bennett v. Continue reading “Finally, Count Fourteen alleges that SexSearch failed to warn Doe that a minor may be a member of the service”