In an email sent to customers earlier this week viewed by Engadget, the company announced that it had made updates to the “Dispute Resolution and Arbitration section” of its terms of service that would prevent customers from filing class action lawsuits.
My understanding is that when signing a liability waiver, first the acknowledgement of risk happens, and then the release of liability. State by state it can be a little bit different for releasing liability, depending on the interpretation. I looked up where I live, and that liability waiver isn’t upheld if one can prove damages (possibly death, in which case someone has to sue upon my lifeless corpse) caused by intentional recklessness, not simply neglect.
It would be interesting to look into some cases. My statement was based on not being able to disclaim negligence at all.