You have it backwards. There is a mountain of precedent behind the idea that customers can't understand the fine print, and thus these "contracts of adhesion" are restricted.
That's another nasty hack, though. First, courts decide that not reading or not understanding a contract is not an excuse. Then, companies just start having their customers agree to ridiculous terms. So courts try and fix it by partially restricting those 'agreements.' "Okay, so you're allowed to waive the right to sue for negligence, but you can't waive the right to sue for gross negligence." It's a situation where companies can basically get customers to waive every right they have right up until a fuzzy "unconscionable" line. That's a quick hack around a terrible system.
