A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled. The court found that terms of the agreement unambiguously barred all contract claims against the exchange that arose or were "in any way connected" with disputes between buyers and sellers on the exchange. The court also found that the express and implied warranty disclaimers in the agreement were enforceable under Illinois law because they could be construed reasonably with the other provisions of the agreement, were conspicuous and were not unconscionable. Common law fraud claims based upon statements made by the exchange's customer service representatives and executives also were rejected on the ground that they were barred by the disclaimer of express warranties.
Duffy v.The Ticket Reserve, Inc., 2010 WL 2681045 (N.D. Ill. July 6, 2010) Download PDF