I agree with you about what the Disney arbitration agreement should (fairly) apply to. I'd argue that the ToS/policy page solution can still work, though. We

I agree with you about what the Disney arbitration agreement should (fairly) apply to. I'd argue that the ToS/policy page solution can still work, though. We just need higher standards and greater clarity for what those policies are allowed to do, and what they are not allowed to do, and greater clarity on what the bright lines are for companies -- like, there should just be a rule about how contracts work in this Disney case, not a rule about where you need to tell people about the specific thing.