If you have a right for a lawsuit in constitution, no TOS could take that right from you, whatever disclaimers it have.
Theoretically, of course.
From the other side, it depends on local laws. In some countries reverse engineering is perfectly lawful, so, even if EULA prohibit it, this part of EULA is just void without any questions and EULA author have no any possibility to somehow change that, or deny service/sell because of it.
If somebody write in TOS that using service you become a slave to service owner, this TOS will be void if slavery is prohibited by laws and service can't cut users from service just because they violate its TOS by not becoming slaves.
The same if some frauders create a TOS where they prohibit lawsuits against them on their fraud.
The question is not in some logic or even jurisprudence, it is in does judge follow the narrative or he follow the justice.
If you have a right for a lawsuit in constitution, no TOS could take that right from you, whatever disclaimers it have.
Theoretically, of course.
From the other side, it depends on local laws. In some countries reverse engineering is perfectly lawful, so, even if EULA prohibit it, this part of EULA is just void without any questions and EULA author have no any possibility to somehow change that, or deny service/sell because of it.
If somebody write in TOS that using service you become a slave to service owner, this TOS will be void if slavery is prohibited by laws and service can't cut users from service just because they violate its TOS by not becoming slaves.
The same if some frauders create a TOS where they prohibit lawsuits against them on their fraud.
The question is not in some logic or even jurisprudence, it is in does judge follow the narrative or he follow the justice.