The TOS specify the circumstances in which the corp may take action that is unrelated to the legal system. Just because they can't sue you (and easily win) for scraping, doesn't mean they can't block you if they notice you doing it.

Google for example has a TOS and is well known for permanently banning accounts for real or imagined or AI-generated violations of it. Google banning you for breaking TOS doesn't mean you broke the law, just that you broke their rules, which apparently include a clause against being in the wrong place at the wrong time.

I believe TOS is binding as long as it doesn't conflict with the law. If something is deemed fair use under the law, TOS cannot override those legal rights.

That’s a good question. It also would not be the first time that companies use trickery and manipulation or even deliberately illegal practices for various business/financial reasons. At the very least it could be used as a tool to underpin intimidating lawsuits and another step up, regardless of the legality in the relevant jurisdiction, it could be used to influence official government foreign policy to exert pressure on a jurisdiction that permits scraping.