I consulted a law student on this situation just out of curiosity and he had this to say:
TBH, I don't know all the the laws regarding contracts, ToS, etc....
However, sometimes isn't really valid if you never read it. A lot of the time, if you don't bother reading that bullshit, they can't really hold you to it. But this is normally in different circumstances. For instance, lets say you are Sun going to the emergency room to get your appendix out before it bursts. While they are prepping you for surgery, they hand you these forms and tell you that you need to agree and sign them. Obv you are in pain and need to have surgery, so you aren't going to bother reading it, so you just sign and they wheel you away. In that instance, they can't hold you to anything you agreed to.
Courts have held that the little agreement when you open up a box of software, is binding on you. Even if you didn't read it, however. There was a case where a guy bought a gateway computer, and it came with a bunch of terms that they didn't know existed (they ordered over the phone). Upon recieving the computer, it was the responsibility of the purchaser to then review the terms. If he did not agree, then he should have returned the computer. Instead, he kept it, and later when there was a problem tried to get out of it by claiming that gateway didn't tell him of the terms when he bought it. The court said, tough shit, you should have read it afterward, and then decide if you wanted it or not. Because he KNEW there were terms, and CHOSE not to read them, is not the fault of gateway. He accepted the deal with the terms, even though the terms were not known at the time of purchase. Had he not accepted the terms, he should have returned the product.
Obv, both of these cases are not exactly the same as your situation... but without actually looking up and researching the relevant law, my guess is that the answer lies somewhere in between these cases.