According to their website the ToS issued at 08 29, 2013, already contained the arbitration, and only the version issued at 10 10, 2012 is missing it.

https://robertsspaceindustries.com/tos

They can retroactively change anything on their website. Of course, the same goes for the other party.

Archive.org has a copy from the 2013 terms of service: https://web.archive.org/web/20131017050205/https://robertssp...

It has an arbitration clause.

Also, are these statements legal in America?

* "YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL."

* "To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures"

* "Any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and RSI agree to submit to the personal jurisdiction of that court."

So waiving your right to the judicial system, waiving your right to enter into a class action suit, and enforcing a particular jurisdiction location? Seems very anti-consumer and not fair at all.