In most cases, consumers have zero ability to negotiate contracts. You can't negotiate a EULA. You either accept it, or find a different product. And if some piece of software is vital to something or other else you need with no alternative, you don't even have much of a choice on whether or not to accept it.
And it's not as if the courts are blind to this fact, there are protections when there is a power imbalance and the contract is take it or leave it, but I doubt any of these protections will extend to private arbitrators.
