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Just because a clause is in a contract, doesn't mean it has any effect.

A lot of terms are flat out bluffing to scare off folk like you.

This is why it is always a good investment to ask your lawyer.

This is really, really important advice, and if more people understood it, corporations would have a lot less power over people than they currently do. You can open up just about any ToS and find a handful of unenforceable clauses they're hoping you won't realize are unenforceable.

I suspect the vast majority of people never read the TOS and decide to sue, or not, for completely independent reasons.

In general, I'd say that if you are getting a lawyer involved, you need to have fairly solid evidence of real loss of a value more than about $20,000, otherwise the fees are going to eat up any award you might eventually get (don't forget even if you get a favorable judgement the other side can appeal, and will if they have staff lawyers who are getting a salary either way).

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