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> The counterargument is that you are welcome not to do business with companies that require you to accept such a condition

While you are right, it's not reasonable for any person to assume they are waiving their rights to legal action if you are raped by using a transportation service for merely clicking on 'Accept' to the EULA.

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>they are waiving their rights to legal action

The criminal matter can still be reported and dealt with the normal way, no? Isn't what is being waived is suing a third party for employing the accused (specifically, suing for negligence in employing the accused when they shouldn't have)?

Except Uber executives have interfered in rape incidents with their drivers in the past, this should not be forced into arbitration. [1] In most cases I feel the company will be found not at fault, but feel it's the customers right to sue and lose.

[1] https://www.recode.net/2017/6/7/15754316/uber-executive-indi...

That's a different crime (obstruction of justice) and a different tort (Uber office/management vs victim, not driver vs victim), not covered by the EULA.

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