Anyone can write anything they want into a contract or terms of service. That does not make it legally binding, however. There's plenty of legal precedent regar

Anyone can write anything they want into a contract or terms of service. That does not make it legally binding, however. There's plenty of legal precedent regarding things that can make them invalid. The specifics of the nuances are often not common knowledge, though, and since common law isn't exactly written down like a procedural set of absolutely verifiable code, there's always room for interpretation. Hence, people will write imperfect contracts, and unless someone goes through the effort of bringing one before a judge, other people will abide by them. I'm not sure what an appropriate resolution is without knowing more detail. Did lawyers tell Ticketmaster management this was okay? Or did Ticketmaster get advice this was wrong but went ahead anyway? Do state bar associations, which manage lawyers' good standing, get involved? Or does TM go after their own lawyers for legal malpractice?