

“Except for Claims (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, anti-circumvention, or moral rights, but not including its privacy or publicity rights) …”
So in other words, the types of matters Nintendo thinks it might have a dispute against users, court and class actions are okay, but for everything that they think users might file against Nintendo, they think arbitration is best.
I don’t think the litigants actually know this. The shady characters they are paying for the information probably know that, but represent that it will just work if they do it right.
Imagine you have some kind of legal problem, and you go to your lawyer, and your lawyer tells you they know what to do that will let you win. You’ll probably do it. Now for the litigants, it is the same thing, except instead of a lawyer, it is some person with an Internet and/or in real life following, who dazzles you with lots of fake formality that aligns to your preconceptions of the legal system based on TV. Of course, it is all just pseudolegal and a scam, but you don’t know that.
Now you might except that some critical thinking and/or research of authoritative sources like case law, or consulting a real lawyer might let the litigant see that it is a scam, but critical thinking skills are not as common as you might hope, and secondary education in many places doesn’t cover much about the law or how to do legal research.
Consider that 49.8% of voters in the 2024 US Presidential election voted for Trump, even after seeing the first term. Many people are easily hoodwinked into acting against their own best interests, especially if they are convinced there is a community of other people like them acting the same way (SovCit like groups do have some numbers), that people who endorse those theories get a lot of recognition / are influential (the leaders of the groups can create that impression), and that their theories have a long traditional backing (usually they make up a historical backstory).