Pleases respond (TOS)

Please respond to the following: 

Recently, a U.S. Circuit Court upheld the enforceability of website terms of service (ToS), even though the user did not have to click through to agree. Read Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration.

• Identify one positive and one negative implication of this finding.
• Explain which terms you believe are ethically appropriate for such agreements. Explain your position.