Check Out Now and Terms of Service problem

[sean_nwfs]

I have two payment options: Authorize.net and "Mail Invoice" (using the standard payment). When I go to process an order and pick Mail Invoice my cart button changes to "Check Out Now." When I click on the "Check Out Now" button a blue wheel comes up looking like it is processing the order and then disappears and it comes back to the "Check Out Now" option. It won't let me process the order and it doesn't say what is holding up the process.  ToS is not required but it is an option. If I agree to ToS it changes to "Confirm Purchase" and then the order processes just fine.  Why can't the user process an order without agreeing to the ToS if it isn't required (also they've ordered before and agreed to it before)?  And why doesn't it tell the user to agree to the ToS if that is what is required? What is new is the "Mail Invoice" payment type.

Running VM 3.2.4 and JM 3.8.2