I've heard that there was actually a case where it was ruled that a vendor had deliberately buried a legal disclaimer in the "fine print" to keep the buyer from being aware of it. Therefore the buyer hadn't really agreed to it and wasn't bound by those provisions. Because of that precedent, certain things have been put in capital letters so that people can't argue that the disclaimers were deliberately buried.
I don't know if that is true, but if it were, it would be on par with what I've come to expect from the legal system.
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