Few people will read your Terms of Service Agreement.
I’m one of the few.
The Terms of Service Agreement (or User Agreement) says a lot about the people behind the company. Are they using it to plug holes? Are they using it to make sure no-one will ever qualify for their “100% refund”? The typical Terms of Service Agreement is a very one-sided document. All power to the company. You can’t have that, you can’t do this and you can’t sue us no matter what.
Considering that the odd visitor will actually read that monstrous document of yours, why not use the opportunity? Your reader has pre-qualified himself as someone who isn’t in a hurry and who is probably very interested in buying from you. Your Terms of Service Agreement offers a perfect opportunity to “chat” to people who spend more than a couple of minutes on your site. They are after all the ones most likely to buy from you.