In the specific case of the project known as 'TheDAO', the terms of service does indeed waive all legal rights and says that whatever the computer program says supersedes all human-world stuff.

I may have missed it, but that is not at all what the link you posted says. It has a waiver of liability against 3rd parties (basically the DAO operation). It does not say that you cannot have liability between to parties subject to a contract, or even seem to mention anything about dispute resolution.

Also, I would like to point out that you CANNOT have a contract that requires an illegal act. For instance, you cannot create a contract that says "Person A waives all legal recourse against Person B if Person B murders them." The act of murder is still illegal even if both parties agree to it.

Finally, the TOS for DAO is not the contract, it is merely the TOS for using the service. So the individual contracts between two people are going to override that.