This case is quite similar with Disney+ case.
You press ‘Agree’, you lost the right to sue the company.
Then why did they attempt to invoke the terms of an unrelated service rather than having the case dismissed outright? Makes no sense.
Obviously I can’t possibly speak as to why they chose to do what they did. But I would assume that making a motion to dismiss due to the fact that arbitration has already been agreed to (seemingly unrelated from your perspective but from a legal perspective is really the only substantive aspect, so wildly related) is far less scandalous than making a motion to dismiss with no recourse for the plaintiff at all and would be far more damaging to their reputation.
And that DOES make sense.
Right, but if they’re not affiliated with the restaurant, then the restaurant doesn’t fall under their tos, because they don’t own it.
The restaurant isn’t suing them, ding dong. The guy who consented to an arbitration agreement is. Jesus fuck, it is okay to be wrong. I know it sucks. It sucks even more to imagine that Disney might be doing something remotely respectable and have to admit that. But it’s okay. I’m wrong all the time. I face it, accept it, learn from it, and move on.
When you are ready to move on, go for it.