When I installed the SoundCloud app and it told me by continuing I agree to them sharing my data with their 954 partners.[1]
1. I’m not even joining. When I mostly recently installed the SoundCloud app - for the first time on a new device, that’s what’s it said: 954 partners. How can anyone reasonably understand what it is their agreeing to in that scenario.
Which is why "we don't serve patrons without shoes and pants" policy is unconstitutional, yeah.
If you don't want to agree to a business's demands — you're welcome to not deal with them and look for an alternative. All the alternatives have the same (or even worse) demands? Unless you can prove collusion, that's just how the invisible hand of the market worked its magic out. Go petition you congressman to violate laissez-faire even more than it already is, I guess.
The shirt and shoes example is a great example in fact that illustrates the point. You don’t have unlimited freedom to not wear shoes, just like a business does not have unlimited freedom to impose whatever terms it likes, just because it put it in its ToS.
Okay, I am gonna be 100% serious here: you absolutely should have such a freedom. Just as loitering or jaywalking being a crime is inherently totalitarian, what the hell.
You do have the right to go barefoot in your own home. And in true public spaces.
But, a property owner can require shoes. Do I care if somebody is barefoot in the local grocer? No, not really. But, the proprietor might because they want to limit their liability (should something fall on your foot, a cart run it over, or a loose tack/nail somehow land in an aisle, etc).
Microsoft (or Apple).
Any web host, payment processor, etc that's contracted to do work for your local government (I suppose you could try driving to the government office and pay by check, but then you need to give consent to Ford or Chevy).
Short of living like a hermit, there's no practical way to avoid all ridiculous T&C.