But is TOS enforceable. That is the question. We have yet to properly test it in US court. I would like to finally get a binding court opinion whether a company can just put 'and we own your soul and youngest pet in perpetuity' and make cops come to your home to enforce that. I would like some clarity. Not this weird purgatory that benefits companies only.

Companies have successfully forced people to go through arbitration through terms of service, with courts agreeing. ToSes, as a whole, are enforceable, though several lines in them might not be, just like contract law.

Ahh, but by just moving it to arbitration it stops being contract law, does it not?