Are you sure you are completely indemnified? There are several jurisdictions where liability from negligence cannot be contracted away. The same is true for breach of warranty and strict liability claims.
Another example is if you are a web service that doesn't comply with DMCA provisions, you may be liable for your users actions.
What I am trying to say is that a TOS does not indemnify as a matter of law. The question of fact for each specific issue will be sent to the jury who will decide your fate.
Whether a TOS creates a contract could also be decided by the jury. They aren't contracts 100% of the time.
Another example is if you are a web service that doesn't comply with DMCA provisions, you may be liable for your users actions.
What I am trying to say is that a TOS does not indemnify as a matter of law. The question of fact for each specific issue will be sent to the jury who will decide your fate.
Whether a TOS creates a contract could also be decided by the jury. They aren't contracts 100% of the time.