I'm not 100% sure I understand your first question but this opinion is not "precedent" in the legal sense (i.e. future 9th Cir. courts must follow it). Of course, that doesn't mean that it will have zero influence on how future judges may decide similar cases. If a later judge finds the reasoning in this opinion persuasive they are free to adopt it. But they are not bound to adopt the reasoning like they would be if this were a "published" opinion that is precedential.
I'm only a law student and not a practicing lawyer so my intuition for decisions to litigate are not strong. That said, my understanding is that there were some pretty notable assumptions and questionable doctrinal maneuvers in the opinion that a future judge might be hesitant to also adopt. An example of each: (1) the court states that users who submit an email during registration assume they will receive TOS amendments by email and (2) the court doesn't seem to distinguish between TOS formation and amendment. These, and others, might be correct assumptions and reasoning, but the opinion doesn't convince me of that, so maybe another judge wouldn't be convinced either.
Like if you're a lawyer and you read this do you go "My client will never win a case like this?" or do you go "we should go to trial"?
Sure you won't get summary judgement but if the courts rule this way once they can rule this way again.