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Originally Posted by GigoloMason
It's nice that you bothered to read the contract you entered into with epass before making these lovely sweeping claims:
This Agreement and any dispute between You and Us arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall be exclusively governed by and subject to the laws of the St. Kitts, without regard to any principles of conflicts of laws thereof, whether or not Your ePassporte Account or any Cards associated therewith are used outside St. Kitts. Venue for any suit or claim arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall exclusively be in the courts of St. Kitts, and by entering into this Agreement You irrevocably consent to the personal jurisdiction of the courts of St. Kitts.
And guess what. I know what my time is worth. I know how much of my time would get eaten up trying to sue a company like epassporte. If your time is worth so little that eating up endless hours suing over $35 makes sense, I guess you're right it might be worth it. That doesn't make me and idiot it just means I have much much better things to do. It also means you might want to consider getting a job.  |
Thats an affirmative defense that THEY would have to assert in Court. In order to do so, they would need to show up here personally or send a lawyer. You tell me who the winner would be. Me, who spent $200 and a weekend preparing and filing a complaint, or them, who spent at least a couple of grand to fly in one or two employees to represent the company here or they could hire counsel which would hand them a legal bill for at least $10K just for answering the complaint and dealing with all the housekeeping stuff and MY motions for injuctions and restraining orders before it even got to a motions hearing on thier jursdiction issue...
And the court still may not recognize it anyway, the Courts have held that consumer protection laws apply to all companies who do business in the United States and I doubt the Court would voltuntarily release the case to an international country when the violation took place in the US, the victium is a US citizen and the action is in a US court. And the country in question has no substantial equivent consumer privacy laws.
But anything is possible. I'd be willing to spend a couple hundred bucks to find out. I read the agreement, a company can put whatever the want in thier TOS. But what counts is what the Court holds as valid and binding.