The consumer bears all the risk and the provider absolves themselves of any - unless one afford a lengthy court battle or join a class action. I suppose even more rarely a consumer can get, often fractional, relief through a government or consumer rights agency.
EULAs, consent forms, and similar are a wholesale miscarriage of justice that causes incalculable irreparable harm to a staggering number of people every day. Think about it this way, a liability waiver at a doctors office is not dissimilar, in terms of bargaining ability, to an entry level employee's boss demanding sexual favors to keep their job. I have a broken arm, fix it, if the doctor screws up pay for all resulting costs forever.
Justice, equality, and equity should never be limited to those with the most means.
One last point to hopefully drive my point out of the park. Say I don't want to consent to gmails EULA, so I go and look into hosting my own webserver. Bad news, windows has a eula, okay I'll learn how to use Linux and FOSS software. But wait to need to connect my pc to the internet. I can't escape an internet providers take it or leave it eula. But I need email, I will get fired (lose everything in life) without it. So in effect I am forced, under duress, to 'consent' to a non-negotiable agreement that I reject with every fiber of my being so that I do not lose my home, family, and everything else.