DISPUTE RESOLUTION BY BINDING ARBITRATION. This Section 14 is applicable to all purchasers except those that reside in the European Union. The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 14.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. Most of your concerns can be resolved quickly and to your satisfaction by logging into the EA customer support interface with your Account at xxxx://xxxx.xx.xxx. 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 and the Member States of the European Union, and the Republic of Korea. By accepting the terms of this License, 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. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“Disputes”), including without limitation: (a) 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; (b) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following: 1) 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; 2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; 3) if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and 4) in addition, nothing in this Agreement 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 services or Software under this or prior agreements between us. This agreement to arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This agreement to arbitrate shall survive termination of this XXXX.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
DISPUTE RESOLUTION BY BINDING ARBITRATION. This Section 14 is applicable to all purchasers except those that reside in the European Union. The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 14.e15.f, 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.
A. Most of your concerns can be resolved quickly and to your satisfaction by logging into the EA customer support interface with your Account at xxxx://xxxx.xx.xxx. xxxx://xxxxxxx.xx.xxx/. 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 and the Member States of the European Union, and the Republic of Korea. By accepting the terms of this License, 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. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section It covers any and all disputes between us (“Disputes”), including without limitation:
(a) 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;
(b) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following:
1) 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;
2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual propertyuse;
3) if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and
4) in In addition, nothing in this Agreement 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 services or Software under this or prior agreements between us. This agreement to arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This agreement to arbitrate shall survive termination of this XXXX.
Appears in 1 contract
Samples: End User License Agreement
DISPUTE RESOLUTION BY BINDING ARBITRATION. This Section 14 is applicable to all purchasers except those that reside in the European Union. The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 14.e16.F, 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. .
A. Most of your concerns can be resolved quickly and to your satisfaction by logging into the EA customer support interface with your EA Account at xxxx://xxxx.xx.xxx. 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 and the Member States of the European Union, and the Republic of Korea. By accepting the terms of this License, 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. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section It covers any and all disputes between us (“Disputes”), including without limitation:
(a) 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;
(b) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following:
1) 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;
2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual propertyuse;
3) if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and
4) in In addition, nothing in this Agreement 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 services or Software under this or prior agreements between us. This agreement to arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This agreement to arbitrate shall survive termination of this XXXX.
Appears in 1 contract
Samples: End User License Agreement