My Windows phone is telling me that Adobe Reader has an update available. When I try to do the update it’s requiring me to first agree to Microsoft’s new Terms of Use which include, among other things, agreeing to binding arbitration for cases that aren’t settled in small claims court, and agreeing to not be a part of a class action suit. So basically, if I’m understanding it correctly, I’d be giving up my right to bring suit in a court of law for anything other than trivial reasons.
Why do I have to agree to Microsoft’s terms to update Adobe’s software? 
Has Adobe agreed to this? Can they agree to this, and if so, why would they?
So just because Microsoft controls the pipe through which the information flows, they can force me into a legal agreement in order for me to do business with a third party?
Does this mean that the move towards using private wireless networks for internet access means that the network owners can now force all kinds of legal concessions out of us in order for us to interact with other businesses?
On top of that is the whole issue of everyone refusing to do business with you unless you to give up your right to sue in a court of law. This is an end run around the legal system and a slow dismantling of our right to seek just compensation for harm in our courts.
Sure, we can refuse to do business with someone who has these requirements, but if everyone has them, then what good are our supposed protections?