Nobody reads these things. Ergo, nobody agrees to them.
Let's get it in front of a Jury. What do you want to bet that not one person in the Jury has ever read these incredibly one-sided, purposely obscure, usually incredibly long and complex agreements? Nobody. Not the Judge nor the Jury.
Not to get political, this is precisely one of those things that earned Democrats a defeat. Demeaning and diminishing others eventually has consequences. Being completely insensitive to the needs and plight of average folks. To hide behind EULAs crafted by the powerful, for the powerful and damn you little insignificant people is disgusting. To think so little about people and users that it is deemed OK to upend their lives instantly by a mindless, heartless algorithm.
This is the behavior of a mean vindictive totalitarian dictator, not of a business that purports to be guided by Democratic ideals and concepts such as "first do no evil". The hypocrisy is deep and wide.
Nah, a Jury would destroy them.
It's been a while since I've looked at the enforceability of clickwrap class-action waivers, but it's either enforceable or not as a matter of law. No factual issues in dispute = no jury required.
I'd be surprised if these things could survive a well mounted legal challenge purely based on common sense. The intention of these companies is to take it all from the user and have exactly zero responsibility and exposure. Way too one-sided for companies that affect hundreds of millions of people, particularly if they claim not to do evil.
If public shaming won't do it maybe government intervention will.