Even if you ware a lawyer (you don't specify but give what is essentially an, entirely reasonable, opinion on a point of law), that would normally be decided upon during the course of litigation. So, anyone would still be faced with substantial legal costs, even if the ruling was that one particular term was unenforceable.

There is a big difference between how the law works in theory and how it works in practice. Especially is one side is Amazon and has, to all intents and purposes, unlimited cash to drag out expensive litigation. Many large companies win like this in practice when, in theory, they have no merit to their case.

Pretty sure Amazon can stay solvent longer than I can.