Just because hashfast (or BFL) puts something in its ToS, doesnt mean its legally binding. For instance:
No written contract for the sale or purchase of consumer goods, entered into on or after the effective date of this section, to which a consumer is a party, shall contain a mandatory arbitration clause.
..
The provisions of a mandatory arbitration clause shall be null and void.
http://codes.lp.findlaw.com/nycode/GBS/26/399-c I don't think that law will apply since it specifically defines a consumer good as something for, "personal, family or household purposes" and HF has repeatedly said their mining equipment is for commercial use.