Disable need to accept ToS in cart

[Ihateit]

Hey forum,

when i press "Show cart" in my small cart, i come in to my cart and see all my products and get a chance to update number of products or remove some, and thats fine. But when i press "Go to checkout" it insists that i have the Terms of Service accepted, before doing so. And that makes no sense, because the customer would have to accept ToS in the cart, and then again when checking out..

How do i remove the need to accept ToS in my cart?