[kevincox]

Yes, unenforceable clauses in a contract can be used as a game of chicken.

  Customer: You can't enforce that clause.
  Google:   Yes we can.
  Customer: Nuh uh!
  Google:   Want to go to court to find out?
  Customer: ...

[lucb1e]

Well if the clause is not to take them to court, and they want to take them to court, then yes they do want to go to court to find out. But I do see your point.