The point is that the tech companies don't.

Agreeing to say, forced arbitration with a company, because you signed up for say, their streaming service, is obviously unconscionable. What would be even worse if those TOS said that you have to go into arbitration in matters unrelated to the streaming service.

Yet, this is what's happening. Disney used such an agreement (obtained through Disney+ TOS) when a man sued them on behalf of his dead wife, who died in their parks. It's common practice now to have these clauses in TOS, e.g. Discord has it too.