this post was submitted on 03 Mar 2024
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I suppose you're in the US so I don't know if my answer fits but if the terms are against the law they are simply void: as in if you have a reason for a class action, no terms or contract can take it away from you
Most likely the terms say that you agree to go through individual binding arbitration rather than a lawsuit which the courts have found to be legal and enforceable. It's really shitty and has become corporations favorite weapon to use against people, particularly because the arbitration companies are usually fairly friendly towards whatever corporation is being challenged. Contractually mandated arbitration really needs to be invalidated. Arbitration is a fine alternative if both parties want to go that route but it should never be forced on someone, particularly because of some bullshit EULA.
FTFY. It’s way worse than just “being friendly” with corps. They’re on the corps’ payroll (indirectly, because the corp is paying for the arbitration,) and they know that if they continue to rule in the corps’ favor then the corp will continue calling them for future arbitration. There’s a tacit understanding between the arbiter and corporation, where if the arbiter favors the plaintiff then the arbiter won’t get called when the corporation goes to arbitration the next time.