Well, in this case the ToS will be a contract one needs to "digitally sign" in order to open an RH account. RH would simply claim that its customers didn't have

Well, in this case the ToS will be a contract one needs to "digitally sign" in order to open an RH account. RH would simply claim that its customers didn't have to accept the terms, regardless of how bs those were. I'm not a lawyer, though.