Suppose an American company wishes to do business with European parties. Could their terms of service say that as a user of their services the user forfeits any rights afforded to them by the GDPR and more importantly how would European Union courts and American Courts see this clause?
Also can the Terms of Service say that if "You" are from any country in the European Union, do not continue using the services of the site? If this is done and someone from the European Union still uses the site, does that then legally negate the GDPR rights afforded to them?
Just want to note that I think the GDPR good thing and I'm doing everything I can to comply with it, but I'm also structuring everything as defensively as possible.