These (and other TOS agreements) fall under the category of "adhesion contracts".

Because the buyer has no real ability to negotiate, any ambiguity is resolved in their favor. A judge can also strike provisions that a reasonable buyer would not expect, or that are unconscionable. So it's up to the judge's judgment.

https://www.investopedia.com/terms/a/adhesion-contract.asp

The cool thing is that they make you go into forced arbitration rather than through the legal system.

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