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I don't disagree with you, but one might say the same of any libel. If you would respond that some libelous speech is convincing, pernicious, and hard to detect, again, I would agree... and say exactly the same regarding NDCs.
I detest and disdain Kleargear, and I have posted about them numerous times, but, in truth the concept of a non-disparagement clause is not entirely without merit.
Imagine a psycho customer, an imagined slight, and a vendetta to trash the vendor (in this case the victim.) This is what NDCs are supposed to be for, club-fisted though Kleargear's use of it. And don't pish posh the idea, either. Any perusal of the early days of the Web reveals this rhetorical situation to be (or have been) quite real. I think everyone's take on KlearGear's owners as egocentric bully scam artists is right on the money. I think NDCs need to be written in more restricted, fairer language. However, I don't think you can judge a company on merits solely by the fact they have one. It ought to be one of several factors carefully scrutinized in your judgements.
World court law cannot be argued in a domestic case entirely within the U.S. (or any country where the case is entirely within the countries' jurisdictional boundaries. The only exceptions are when the country in question is presumed not to have a government, or severe human rights cases. Had KlearGear listing its offices outside of U.S. borders, Vic might have had a thread of an argument. The papers service argument is no different than any process service dodging that happens every day in the United States. Hey, Vic can CLAIM lack of knowledge, lack of service, but judges have been wise to THAT tactic, like, FOREVER. No the argument he is making is first year law school stuff that wouldn't geed a passing grade. My instinct says Vic knows this too. When he suggests the monetary claim may be filed again, that clinches it. He is simply, and with full awareness, thumbing his nose at the proceedings regarding KlearGear. "Nyah, nyah, nyah, nyah! Try and get me! You can't get me, I'm too high in the tree! Here! (dumps coffee can) Eat dirt!" Sorry for the stage play, but this is exactly what this scofflaw is doing, IMO.