There’s a difference between a right which you can choose not to exercise at a given moment, and a right which you can waive in perpetuity. Your example is the

There’s a difference between a right which you can choose not to exercise at a given moment, and a right which you can waive in perpetuity. Your example is the former. You can choose not to remain silent. However, you do not waive the right! At any time, you can stop talking. Binding arbitration clauses are the latter. It’s not just a matter of choosing to use arbitration. You also permanently give up your right to use the courts for that matter.