EFFECTIVE DATE: May 13, 2014
1 Scope of Agreement
These Terms of Sale (the “Agreement”) govern your purchase (and certain grants as described in Section 8 below) of software products, digital content, including additional or enhanced functionality, content subscriptions, EA Virtual Currency (as defined in Section 12 below) and EA In-Game Content (as defined in Section 13 below) whether downloaded or hosted on servers or the cloud (collectively “EA Content”), offered by Electronic Arts (“EA”), through the means we provide on EA websites such as www.ea.com and www.origin.com and any other affiliated sites (collectively, “EA Website(s)”) or in one of our games (“EA Game” or “EA Games”).
If you reside in the United States, Canada or Japan, this Agreement is between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA. If you reside in any other country, then this Agreement is between you and EA Swiss Sàrl, Place du Molard 8, 1204, Geneva, Switzerland; registered in the Geneva Companies Registry with Company Registered Number: CH-660-2328005-8 (for details of our VAT Registrations please click here). In this Agreement, the term “you” means you the customer; and the terms “EA,” “we,” “us,” and “our” means either Electronic Arts Inc., or EA Swiss Sàrl, whichever is applicable to you. If you need to contact us visit http://help.ea.com.
In addition, your use of certain EA Content is governed by the applicable End User License Agreement (“EULA”) and any other additional terms (collectively, “Terms”) presented to you either prior to your access, and/or download of the software or within (or disclosed on) the product. If there is an inconsistency between the applicable EULA and this Agreement, the terms of the EULA will govern your use of such EA Content. Your grant, access, and use of EA Virtual Currency and EA In-Game Content is governed by this Agreement, in particular the License provisions in Sections 12 and 13 below, even if you purchase EA Virtual Currency and/or EA In-Game Content from a third party.
2 Accepting this Agreement & Revised Terms
By selecting the “I have read and accept the Terms of Sale” (or similar) checkbox at the point of purchase on the applicable EA Game and/or EA Website, you accept the terms and conditions of this Agreement and agree that your purchase, and every grant, access and/or use of EA Content is subject to this Agreement.
EA may revise this Agreement at any time in its sole discretion. When EA revises this Agreement, we change the “Last Updated” date above and post the revised Agreement at http://tos.ea.com/legalapp/termsofsale/US/en/PC/. From the Effective Date, where you are asked to accept this Agreement at the point of purchase by selecting the “I have read and accept the Terms of Sale” (or similar) checkbox, you will be accepting the revised Agreement.
3 Access to EA Content
EA Content may only be purchased by legal residents of countries where access to and use of EA Content is permitted. EA reserves the right to refuse your offer(s) to purchase, otherwise obtain or access EA Content, and EA reserves the right to limit or block any offer(s) to purchase, otherwise obtain or access EA Content for any reason.
The purchase of EA Content may require you to open an account (“Account”). To create an Account, you must complete the registration process by providing EA with current, complete and accurate information (which may include your email address) as prompted by the applicable registration form. You may be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by EA), infringes any trademark or other proprietary rights of others, or is used in any way that violates this Agreement or the EA Terms of Service.
You may not use anyone else’s Account at any time unless expressly authorized by EA in writing. You are entirely responsible for maintaining the confidentiality of your Account password and user/account name. Furthermore, you are entirely responsible for any and all activities that occur under your Account.
When you purchase EA Content from EA, the price payable by you is the price indicated on the applicable EA Website or EA Game. You agree to pay all fees specified plus all applicable sales and/or use taxes, GST or VAT that EA assesses on your purchase (as described below). In addition, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as your billing address, credit card number and expiration date).
Pricing and Tax. Your total price will be the price of the EA Content plus any applicable sales or use taxes in effect at the time of purchase, and based on your billing address. For U.S. and Canadian purchasers, applicable sales tax will be added on to the price displayed. For Australia, EU countries, Iceland, Norway, Switzerland, or South Africa purchasers, and unless otherwise indicated at the time of purchase, prices will include applicable VAT or GST, which will be assessed at a variable rate based on your billing address (including purchases for gifts). Failure on EA’s part to invoice you for any applicable US or Canadian sales taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the applicable EA Website or EA Game.
5 Purchase Process
To purchase EA Content from EA, (i) follow the instructions on the applicable EA Website or EA Game, (ii) provide your Payment Method information (as defined and described in Section 9 below), (iii) confirm the details of what you are purchasing and that you have read and accept this Agreement, and any applicable Terms, and (iv) submit your order by clicking the “Order and Pay” (or similar) button to finalize your purchase. Your submission of an order constitutes an offer by you to purchase EA Content at the price and terms stated in the order. To cancel your order at any time prior to finalizing your purchase (as described above), click the “cancel” (or similar) button, return to the previous webpage (by pressing the “back” (or similar) button on your web browser), or close the webpage on the applicable EA Website or EA Game. Prior to submitting your order, you can correct inputting errors on the “Confirm Billing” (or similar) page or by returning to the billing information (or similar) webpage on the applicable EA Website and/or EA Game. You can also correct certain inputting errors that you have made on the applicable EA Website (such as an incorrect billing address) by logging on to your Account and accessing the “My Account” (or similar) link located on the EA Website or Game.
When your offer is accepted by EA, we will charge your Payment Method in accordance with Section 10, and send you a purchase confirmation email.
EA reserves the right to update the price and specifications shown in relation to any EA Content. If the price or specification published on the applicable EA Website or EA Game for EA Content is materially incorrect, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to retain your purchase of the applicable EA Content at the correct price or specification. If applicable, EA will also state the period for which the offer or price remains valid. If you choose to reject your purchase at the corrected price or product specification, EA will provide you with a full refund for any amounts already paid by you. If you have questions regarding your transaction history, please contact customer support at http://help.ea.com where you will also find information on EA’s complaints handling policy.
6 Liability for Unauthorized Transactions
You are responsible for all purchases of EA Content on EA Websites and EA Games, including unauthorized purchases and uses made via your Account. You agree to notify EA immediately of any unauthorized purchase or use of your EA Content, Account, or any other breach of security (and to provide properly documented evidence as reasonably requested by us). EA will not be liable for any loss that you may incur as a result of any unauthorized purchases or uses of your EA Content or Account, either with or without your knowledge, where you are at fault. In addition, you are solely responsible for ensuring the accuracy of your transaction history on EA Websites and EA Games by reviewing your transaction history at www.Origin.com/account or www.swtor.com/account.
7 Gifting, Trading, Transferring
When expressly authorized by EA in writing, certain EA Content may be gifted, traded, and/or transferred. Unless expressly authorized by EA in writing, EA Content purchased from EA may only be gifted, traded, and/or transferred to residents of the same country as the purchaser. Gifts are completed transactions upon purchase, and such purchase of EA Content is between you and EA, and is subject to the terms of this Agreement. EA may automatically facilitate or you may facilitate the gift, trade, and/or transfer of that EA Content to your designated recipient as the context requires and applicable to each individual gift, trade, and/or transfer. You are responsible for ensuring that your designated recipient is (i) correctly identified, and (ii) the appropriate age to receive the gifted, traded and/or transferred EA Content.
8 EA Promotions
From time to time, in our sole discretion, EA, or third parties expressly authorized by EA, may grant EA Content, including EA Virtual Currency and/or EA In-Game Content in connection with promotions, and/or as part of tournaments, competitions, or sweepstakes. In addition, certain EA Virtual Currency and EA In-Game Content may also be granted by EA for participating in various game-play achievements, challenges, quests, activities, and/or in-game offers. If you are granted promotional EA Virtual Currency and/or EA In-Game Content, your grant, access, and use of such EA Virtual Currency and/or EA In-Game Content is governed by this Agreement, in particular the License provisions in Sections 12 and 13 below.
When you purchase EA Content from EA, you may pay for your EA Content using the payment methods that EA identifies on the applicable EA Website or EA Game (“Payment Method”) and you must supply the applicable details when you set up a Payment Method on your Account for a particular EA Website or EA Game. Click here for more information on Payment Methods, including with respect to certain Payment Methods which are non-refundable. EA reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to EA with your consent. You may have the option to set a Payment Method as your default Payment Method; once you do so, this Payment Method will be applied to all future purchases from EA Websites and EA Games, however you may change or edit this default Payment Method at any time. EA will not supply any EA Content to you until your Payment Method provider has authorized the payment. If you have an EA Wallet with EA, your use of your EA Wallet is subject to the EA Wallet Terms and Conditions.
Please note, you will be bound by your chosen Payment Method provider’s terms and conditions which may include the application of currency conversion rates to the quoted price on the EA Website or EA Game, and/or additional processing fees, which are available from the Payment Method provider. You may be required to create an account with the Payment Method provider, and to provide that provider with your bank account or credit or debit card details. The cost associated with accessing the applicable EA Website or EA Game, and downloading software products, depends on your Internet Service Provider and/or Network Operator. Please see your Internet Service Provider and/or Network Operator’s terms and conditions.
10 Performance of the Contract
Certain EA Content purchased from EA is available to you as soon as you have completed the purchase process set out in Section 5 and received our purchase confirmation email. Our obligation to perform the supply of your EA Content begins as soon as you have finalized your purchase as set out in Section 5. We agree to deliver downloadable EA Content to your computer or device. Our obligation to deliver the EA Content to you shall be complete at such time as, and place where, you receive the downloaded product.
In some cases, we may give you the opportunity to pre-order and/or purchase certain EA Content prior to its scheduled release date. On the release date of the applicable EA Content, that EA Content will be made available for you to download and/or access. When you pre-order and/or purchase EA Content prior to the release date, you authorise EA to automatically charge the price indicated on the applicable EA Website or EA Game, plus all applicable sales and/or use taxes, GST or VAT (as described in Section 4 above), to your Payment Method without further action by you. For pre-orders, EA will charge your Payment Method either (1) as soon as you have completed the purchase process set out in Section 5 and received our purchase confirmation email, or (2) up to 5 days prior to the release date (we will confirm the payment with a confirmation email), depending on the Payment Method you have selected for the transaction. Pre-orders for EA Content may be cancelled up until the release date, and any amounts paid will be refunded. Please note, in certain cases, when you purchase EA Content prior to the release date, a portion of the EA Content software may be immediately downloaded onto your computer or device; upon the release date, your computer or device will automatically download the remaining portion of the EA Content software that is needed for you to install and use that EA Content.
Please note, EA may disable certain EA Content or certain aspects of that EA Content, including online functionality and/or EA In-Game Content at any time without any liability to you. In the event that EA stops making certain EA Content available, we will provide at least 30 days advance notice to you by posting a notice on www.ea.com/1/service-updates.
11 Refunds and Right of Withdrawal for EA Content
Subject to the provisions set out below, and any rights you may have under Section 14 below (including, for avoidance of doubt, rights that you may have under applicable law), there are no refunds for EA Content purchased from EA unless expressly authorized by EA in writing.
11.1 Right of Withdrawal: Residents in the European Union have the right to withdraw from a purchase of EA Content within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of conclusion of the purchase process, which is confirmed when we send you a purchase confirmation email. In order to exercise your right of withdrawal, please contact us. Alternatively, you may inform EA Swiss Sàrl of your decision to withdraw from the contract by an unequivocal statement (e.g. letter delivered via post to the address in Section 1). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from the contract, we shall refund to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such refund using the same Payment Method as you used for your purchase (or if more than one Payment Method was used, to both Payment Methods in proportion to the amounts made from both Payment Methods), unless you have expressly agreed otherwise (for example in the event that your Payment Method is non-refundable, we will attempt to contact you to make payment to an alternative Payment Method at no additional cost to you); in any event, you will not incur any fees as a result of such refund.
Important Notice: Please note that you will lose your right of withdrawal with respect to contracts for EA Content, which is digital content, where you have expressly consented to the performance of the digital content beginning immediately upon conclusion of the purchase process and have acknowledged that you will therefore lose your right to withdraw from the contract.
11.2 Residents in South Africa have the right to withdraw from their purchase within 14 days from the date of conclusion of the purchase process. Please note that you will lose your right of withdrawal once we have sent you a purchase confirmation email, either with a digital download code enabling you access to the EA Content, or confirming your Account has been directly entitled.
11.3 Residents in Taiwan have the right to withdraw from their purchase within 14 days after the date of delivery of the EA Content (which is digital content). Please note that delivery of EA Content completes at such time as, and place where, you receive the downloaded product.
11.4 Residents in the Republic of Korea have the right to withdraw from their purchase within 14 days after the date of delivery of the EA Content (which is digital content). Please note that delivery of EA Content completes at such time as, and place where, you receive the downloaded product. You will lose your right of withdrawal when you have accessed or downloaded the EA Content.
12 EA Virtual Currency
By purchasing or otherwise obtaining virtual points, coins, or currencies (each individually or collectively referred to in this Agreement as “EA Virtual Currency”), you obtain a limited, revocable license – as set out in this Section – to access and select from the EA In-Game Content, whether downloaded or hosted on servers or the cloud, that EA expressly makes available to be redeemed for EA Virtual Currency within the applicable EA Game for your personal non-commercial use. This Agreement replaces the Digital Services Agreement previously applicable to the purchase and use of EA Virtual Currency and will apply to any purchase of EA Virtual Currency as from the Effective Date. EA Virtual Currency has no monetary value and does not constitute currency or property of any type. EA Virtual Currency may be redeemed for EA In-Game Content only. Except for this limited, revocable, license to use EA Virtual Currency to redeem EA In-Game Content, you have no ownership or property right in or title to such EA Virtual Currency.
EA Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for EA In-Game Content, unless expressly authorized by EA in writing. EA Virtual Currency is non-refundable unless otherwise required by law. You are not entitled to a refund for any unused EA Virtual Currency unless otherwise required by law.
12.1 EA Virtual Currency Term
The term of your EA Virtual Currency license starts when you purchase or otherwise obtain EA Virtual Currency and, subject to this Agreement, ends the earlier of (a) the third anniversary of the date of purchase or grant (except in Japan where the term of EA Virtual Currency may expire earlier, as set out in the applicable game EULA, as required by law) or (b) the day that your access to EA Virtual Currency and EA In-Game Content on the applicable EA Website and/or within the applicable EA Game is cancelled, suspended or terminated as set forth in Sections 3 and 10 of this Agreement (as the context requires and applicable to each individual purchase or grant).
13 EA In-Game Content
When you purchase in-game products, assets, or content, whether downloaded, hosted on servers or the cloud (each individually or collectively referred to in this Agreement as “EA In-Game Content”) for real money or redeem EA Virtual Currency for EA In-Game Content you receive a limited, revocable license – as set out in this Section – to use such EA In-Game Content for your personal non-commercial use within the applicable EA Game and/or any specified permitted facility that EA identifies from time to time. This Agreement replaces the Digital Services Agreement previously applicable to the purchase and use of EA In-Game Content and will apply to any purchase of EA Virtual Currency as from the Effective Date. Once you have obtained EA In-Game Content, such content is not returnable, exchangeable, or refundable for cash or virtual currency, or other goods or features unless expressly authorized by EA in writing. Except for this limited, revocable, non-transferable license to use EA In-Game Content, you have no ownership or property right in or title to such EA In-Game Content.
EA reserves all right, title, and interest in EA In-Game Content and all associated copyrights, trademarks, and other intellectual property rights therein. This EA In-Game Content license is limited to the intellectual property rights of EA in the EA In-Game Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the EA In-Game Content.
EA does not guarantee that any particular item offered as part of an EA Game or EA Website’s inventory of EA In-Game Content at a certain time will be available at all times, or at any other given time. EA does not guarantee that we will continue to offer particular items for any particular length of time. EA reserves the right to change and update the inventory of EA In-Game Content without notice to you. Subject to the final paragraph in Section 10, completed purchases of EA In-Game Content will not be affected if such EA In-Game Content is no longer offered.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE EA CONTENT THAT YOU PURCHASE ON THE EA WEBSITES AND/OR EA GAME ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. EA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY RIGHTS APPLICABLE IN YOUR TERRITORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE EA CONTENT, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE EA CONTENT THAT YOU PURCHASE FROM EA, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EA’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE EA CONTENT.
NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS AGREEMENT LIMITS EA’S LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATIONS, DEATH OR PERSONAL INJURY CAUSED BY EA’S NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
15 Reservation of Rights
16 Electronic Contracting
You acknowledge and agree that by clicking the “Order and Pay” (or similar) button when you place your order, you are placing a legally binding offer and further consent to: (i) the use of electronic communications in order to enter into contracts and place orders with EA; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent by contacting us at http://help.ea.com, but if you do, we may cancel your access to EA Content and/or your Account. If you do not consent to receive any notices electronically, you must stop using EA Content, your Account, and the EA Websites and EA Games.
As long as you place orders with us online, you agree that you will have access to the necessary software and hardware, including access to a valid email account, to receive electronic records sent by us to the email address that you provided in connection with transactions initiated or completed by you online. It is your responsibility to inform us of any changes to your email address, as we will rely on and use any email address you provide until you notify us of such change.
This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement.
17 Governing Law
If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Agreement; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating this Agreement shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts unless such jurisdiction is not permitted by local law. If you reside elsewhere (except Korea): (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement; and (ii) to the extent applicable, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be the federal or state courts that govern San Mateo County, California, and you expressly consent (to the extent applicable) to the exercise of personal jurisdiction of such courts in connection with any dispute, including any claim involving EA or EA affiliates, subsidiaries, contractors, vendors and content providers. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement. If you reside in Korea, (i) the laws of Korea, excluding its conflicts-of-law rules, govern this Agreement; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating this Agreement shall be the Courts of Korea, and you expressly consent to the exercise of personal jurisdiction of such courts.
The purpose of this Section is to provide a streamlined method for resolution of disputes between you and EA if they arise. As discussed below in Section 18.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your Origin Account at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us.
This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, Norway, the Member States of the European Union, and the Republic of Korea. By accepting this Agreement, you and EA expressly waive the right to a trial by jury or to participate in a class action. This Agreement is intended to be interpreted broadly. This Section covers any and all disputes between us (“Disputes”), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of EA Content under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A. Informal Negotiations/Notice of Dispute. You and EA agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department.
B. Binding Arbitration. If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before written submissions are made to the arbitrator, then EA will:
- Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
- Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceedings and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. EA waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.
F. Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
G. Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if EA makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.