I have a ? as to UA re Dr. Dao

[Ms. Toad]

4. The answer is, it depends.

Adhesion contracts (pretty much every non-negotiable contract) are not always enforceable. (If you've ever bought pretty much anything with a licensee (a computer for example), purchased anythign with a long obnoxious contract that you signed (likely without reading it), you've entered into an adhesion contract - and forfeited your right to sue. That's because the vast majority of those require arbitration as the exclusive remedy. Every one I wrote to bind consumers did. Instead of just clicking "yes" to agree to your next software installation, review the terms. Do a CTRL-F for arbitration. I'll buy you dinner if it's standard commercial software and it doesn't include an arbitration provision.

To get to being unenforceable you have to establish that the provision is unconscionable - and arbitration clauses generally aren't. So - generally - no, you can't litigate if you don't like the court outcome.

But the $ here will come from tort claims (assault, battery) not from contract - so the contents of the contract are pretty much irrelevant.