The Amazon Kindle TOS explicitly ask you to wave your legal right to sue them, to have a class action, and to have a jury trial!
I had the impression that those were inalienable rights for USA citizens...
Now, this is question for people more informed about USA legal system:
A contract that let you wave your basic legal right is enforceable in court?
In my view is like having a contract saying that you agree to be bound in slavery if you fail a payment... you may have agreed in the contract, but what the contract asks is illegal to start with, so not really enforceable.