The US also holds certain rights that cannot be signed away, some of which hold for the whole US and some of which are per state. IANAL, but as I understand it the US does allow you to waive your right to pursuing certain types of claims in court (and that waiver can potentially be overturned on a case-by-case basis) but only by allowing arbitration instead. Arbitration is, in the most basic way of speaking, private court with different rules in effect. This is allowed because the US specifically allows it. In fact, the US has generally been a strong advocate of arbitration.