Sometimes TOS is forced. Imagine living in an area with only a single ISP. You can technically forego internet access, but for most people that is not a realist

Sometimes TOS is forced. Imagine living in an area with only a single ISP. You can technically forego internet access, but for most people that is not a realistic option. But even in the case of Amazon, TOS is forced on you in the sense that you have no way of negotiating it. It is not a meeting of the minds; they write it and you sign it, often without even reading it. This is not the assumption with which contract law was written.