After a frustrating war where hackers were running unchecked and my scrolls were not only being wasted, but dropped altogether by that lovely new hack, I decided to re-read the TOS. To my surprise, I think I found a hole that is large enough to possibly get somewhere with a real lawsuit.
Now I know we have discussed this many times and we all know how iron-clad their TOS seems, but California has some interesting laws regarding implied warranties which also limits their ability to be held harmless. Our problem before was that their service is free and our premium is only to give us priority access and in-game benefits. However, we are purchasing scrolls to be used in game to give us buffs. These scrolls are intended to give us buffs and only be removed by a duff (even though the skill description doesn't even say this as an intended effect).
OK, this is where the laws come in . . . Under the California Commercial Code and the Song Beverly Consumer Warranty Act, the buyer has a right to purchase scrolls that are fit to be used as intended. If they are not suitable for use and the consumer can show they have been harmed this causes a "breech of implied warranty". They are not allowed to limit their liability in these cases through a TOS.
In short, if the scrolls cannot be used for the purpose intended we can seek remedy in court and not only have a leg to stand on, but alot of precident as we can compare these scrolls to consumer goods that are purchased yet do not function as intended.