"With that in mind, how do I protect myself with my TOS from people who figure out I can't legally hold them to it?"
By having a contract and a TOS (a TOS that's part of the contract in particular).
Not trying to be snarky that's literally the way to do. If you want to legally hold someone to a deal you make a contract that includes at the very least a simple buyer's agreement. (edit just to add: once you exchange consideration your deal's going to ruled based on a basic buyer's agreement anyways, if you want to add other rules to the deal then that's when get fancy with the TOS)
Have your terms in part of your contract and be sure they're legally reasonable. Never going to be able to enforce unreasonable terms no matter how you write it.
Honestly, I will never, EVER understand the fandom's love of TOS over a proper contract. With the shiney new e-sig rules no excuses on not having proper contracts anymore. You don't even have to sign/scan/sign anymore.
no subject
By having a contract and a TOS (a TOS that's part of the contract in particular).
Not trying to be snarky that's literally the way to do. If you want to legally hold someone to a deal you make a contract that includes at the very least a simple buyer's agreement. (edit just to add: once you exchange consideration your deal's going to ruled based on a basic buyer's agreement anyways, if you want to add other rules to the deal then that's when get fancy with the TOS)
Have your terms in part of your contract and be sure they're legally reasonable. Never going to be able to enforce unreasonable terms no matter how you write it.
Honestly, I will never, EVER understand the fandom's love of TOS over a proper contract. With the shiney new e-sig rules no excuses on not having proper contracts anymore. You don't even have to sign/scan/sign anymore.