In the EU such clauses are voidable under the Unfair contract terms directive. Basically any contract term that creates a high imbalance between the rights and

In the EU such clauses are voidable under the Unfair contract terms directive. Basically any contract term that creates a high imbalance between the rights and obligations favoring the business in the face of the customer is considered to be unfair. The directive gives non-exhaustive examples which, apropos, includes: > excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract. Meanwhile, the EU provides arbitration services and suggests in most legislation that users take advantage of it instead of always going to court, but obviously forcing people into arbitration instead of courts produces bad incentives. In the US, it seems to incentivize arbitration to favor the people bringing the business. In the EU, you should mostly just favor it for the speed.