The disclaimers may not be applied to cases in the United States. Try filing a complaint with the Federal Trade Commission. Also, use a credit card so you can dispute the charges when this happens.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
Under US law, you may be subject to the arbitration clause even if you did not actually read it.
Filing a lawsuit for a separate cause of action will probably not get you out of it, because the clause is likely to be very broad.
Moreover, even if you had an attorney file a class action, and show personal jurisdiction (likely under the US Supreme Court case of Calder v. Jones), unless they appear to dispute the claims, it will be difficult to get a class certified or to enforce the judgment if one is entered.
1) Mitchell is right, use a credit card. 2) You might be able to sue them, but getting paid from your lawsuit will be difficult, and that's not even addressing the arbitration issue. 3) Next time do the research on customer complaints before ordering.
The author is a Maryland attorney; however no answer given on Avvo is intended as legal advice or intended to create an attorney-client relationship.