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23andMe frantically changed its terms of service to prevent hacked customers from suing
(www.engadget.com)
This is a most excellent place for technology news and articles.
I lean the other way.
I think it would be a pretty solid case to argue that the change to the TOS, considering the timing and combined with the breach, would be outrageously unreasonable enough to invalidate the “meeting of the minds” requirement.