1. When corporations "negotiate" with consumers, this is an abuse of the legal system. Contract law was conceived for situations where both parties have at least some amount of negotiating power. Handing a consumer some long contract written by a set of well-paid lawyers, and asking them to sign it or walk away from any benefit from a product, is not the kind of contract we want in our society. In the past, we've used group association - collective bargaining, class action lawsuits, etc. - to solve this problem of many consumers, each with almost no power, negotiating with a big corporation with all the power. Arbitration clauses, and non-competes, are often examples of abuse of this power imbalance. This situation is the kind of thing government exists to do - solve problems for its citizens by working collectively. So perhaps regulation is also a remedy.
2. Informed consent, vs. terms-and-conditions consent. Click-through agreements with many pages, written by a legal team, in which the alternative for the consumer is to walk away, cannot be seen as informed consent by the consumer. When Facebook asks users to click "yes" for disclaiming privacy rights, that's not informed consent. We already have a definition of informed consent in scientific experiments, and it requires understanding every word of the consent and no penalties for saying no. (If a scientist offers subjects $10 for participating, the scientist must pay that $10 to anyone who declines the consent form.) Consent forms must evolve to match informed consent in science.
If as a society we deal with these two issues, we'll be in a much better place, and we'll be dealing with wealth concentration (into the hands of corporations), a key issue for our time.