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BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND EA EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. | clearly_fair | 574 |
This Section offers a streamlined way to resolve disputes between us if they arise. | clearly_fair | 575 |
Most of your concerns can be resolved quickly and satisfactorily by logging into the EA customer support interface with your Account at help.ea.com. | clearly_fair | 576 |
If EA cannot resolve your concern, you and EA agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us. | clearly_fair | 577 |
This Section is an agreement between you and EA, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. | clearly_fair | 578 |
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. | potentially_unfair | 579 |
This Section shall be interpreted broadly and shall survive termination of this Agreement. | clearly_fair | 580 |
A. Claims Covered by Arbitration | clearly_fair | 581 |
This includes claims that accrued before you entered into this Agreement. | clearly_fair | 582 |
The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, EA's or EA's licensors' trade secrets or copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australia consumer law; and (iii) brought in small claims court. | clearly_fair | 583 |
B. Informal Negotiations | clearly_fair | 584 |
You and EA shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. | clearly_fair | 585 |
The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). | clearly_fair | 586 |
The Notice 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. | clearly_fair | 587 |
EA will send its Notice of Dispute to your billing or email address. | clearly_fair | 588 |
You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department. | clearly_fair | 589 |
C. Binding Arbitration | clearly_fair | 590 |
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules 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. | clearly_fair | 591 |
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. | clearly_fair | 592 |
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, EA will pay all arbitration fees and expenses. | clearly_fair | 593 |
The arbitration may be conducted in person, through the submission of documents, by phone or online. | clearly_fair | 594 |
The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. | clearly_fair | 595 |
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. | clearly_fair | 596 |
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. | clearly_fair | 597 |
D. Limitations | clearly_unfair | 598 |
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. | potentially_unfair | 599 |
The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. | clearly_fair | 600 |
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. | clearly_fair | 601 |
If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void. | clearly_fair | 602 |
E. Location | clearly_fair | 603 |
If you live in the United States, arbitration will take place at any reasonable location convenient for you. | clearly_fair | 604 |
F. Recovery | clearly_fair | 605 |
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 EA makes its final written submissions to the arbitrator, then EA will: | clearly_fair | 606 |
Pay you 150% of your arbitration award, up to $5,000 USD over and above your arbitration award; and | clearly_fair | 607 |
Reimburse the arbitration fees that you paid to the AAA. | clearly_fair | 608 |
G. Changes to this Arbitration Agreement | clearly_fair | 609 |
EA will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes. | clearly_fair | 610 |
16. | clearly_fair | 611 |
Supplemental Terms for PlayStation® | clearly_fair | 612 |
A. For Purchases in PlayStationâ„¢Store in North America | clearly_fair | 613 |
Purchase and use of items are subject to the Network Terms of Service and User Agreement. | clearly_fair | 614 |
This online service has been sublicensed to you by Sony Interactive Entertainment America. | clearly_fair | 615 |
B. For Purchases in PlayStationâ„¢Store in Europe | clearly_fair | 616 |
Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited ("SIENE") and be subject to PlayStationâ„¢Network Terms of Service and User Agreement which is available on the PlayStationâ„¢Store. | clearly_fair | 617 |
Please check usage rights for each purchase as these may differ from item to item. | clearly_fair | 618 |
Unless otherwise shown, content available in any in-game store has the same age rating as the game. | clearly_fair | 619 |
Effective Date: August 28, 2017 - What’s new » | clearly_fair | 620 |
Welcome to Evernote! | clearly_unfair | 621 |
We invite you to access our websites and use the Evernote service, but please note that your invitation is subject to your agreement with these Terms of Service. | clearly_fair | 622 |
This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully. | clearly_fair | 623 |
What Are the Terms of Service? | clearly_fair | 624 |
The Terms of Service constitutes a contract between Evernote and you. | clearly_unfair | 625 |
If you do not agree to these Terms, you do not have the right to access or use our Service. | clearly_fair | 626 |
What Is the Evernote Service? | clearly_fair | 627 |
The Evernote Software (as defined below), the Evernote service, and other products, services and websites hosted or made available by Evernote, including, for example our App Center, User Forum, and Help & Learning pages are collectively referred to in these Terms as the “Service”. | clearly_fair | 628 |
´ | clearly_unfair | 629 |
If This Is a Contract, Who Are the Parties? | clearly_fair | 630 |
You, the Account Holder, are one party to this contract. ( | clearly_fair | 631 |
An Account Holder is the person or entity who has contracted with Evernote as either an individual Basic, Plus, or Premium user or as a Customer as defined in our Evernote Business Agreement.) | clearly_fair | 632 |
If you reside in the United States or Canada, then the other party to this contract is Evernote Corporation, a corporation headquartered in California. | clearly_fair | 633 |
If you reside in Brazil, then the other party to this contract is Evernote do Brasil Serviços de Aplicações Ltda., | clearly_fair | 634 |
a company headquartered in the city of São Paulo, State of Sao Paolo, Brazil (“Evernote Brasil”). | clearly_fair | 635 |
If you reside outside of the United States, Canada and Brazil, then the other party to this contract is Evernote GmbH, a company headquartered in Zurich, Switzerland. ( | clearly_fair | 636 |
Evernote Corporation, Evernote GmbH and Evernote Brasil, as applicable, may be referred to in these Terms of Service as “Evernote,” “we” and sometimes “us”). | clearly_fair | 637 |
On some occasions, you may be purchasing products or service subscriptions from an authorized reseller. | clearly_fair | 638 |
Please review our Commercial Terms for information about additional contract terms relating to such purchases. | clearly_fair | 639 |
Is This the Only Contract I Have with Evernote? | clearly_fair | 640 |
It depends upon how you interact with the Evernote service and our software applications. | clearly_unfair | 641 |
If you install any Evernote Software on your computing devices, you may be asked to agree to an end user license agreement. | clearly_fair | 642 |
If you pay for an Evernote subscription, you will be asked to agree to the Commercial Terms. | clearly_fair | 643 |
If you use related Evernote products or services (such as Evernote Business) or participate in our User Forum, you may also need to enter into a separate agreement with us (usually by clicking “accept” or “agree”). | clearly_fair | 644 |
We refer to each of these as a “Separate Agreement.” | clearly_unfair | 645 |
If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and this Terms of Service document, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement. | clearly_fair | 646 |
Will These Terms of Service Ever Change? | clearly_fair | 647 |
Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. | clearly_fair | 648 |
For clarity, email or other communications will not constitute an effective written agreement for this purpose. | clearly_fair | 649 |
What Do I Have to do to Use the Evernote Service? | clearly_unfair | 650 |
First, you need to create an Evernote service account. | clearly_fair | 651 |
You create an account by providing us with an email address and creating a password. ( | clearly_fair | 652 |
Some older accounts also required a username.) | clearly_unfair | 653 |
We refer to this as your “Basic Subscriber Information”. | clearly_unfair | 654 |
We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. | clearly_fair | 655 |
You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic Subscriber Information. | clearly_fair | 656 |
We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. | clearly_fair | 657 |
If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team. | clearly_fair | 658 |
Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones. | clearly_fair | 659 |
Obtaining those devices and paying for their connectivity and data plans is your responsibility. | clearly_fair | 660 |
Evernote also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service. | clearly_fair | 661 |
Can I Share My Account with Someone Else? | clearly_fair | 662 |
Evernote service accounts should not be shared. | clearly_fair | 663 |
If you share your Basic Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. | clearly_fair | 664 |
We will not have any liability to you (or anyone you share your Basic Subscriber Information with) as a result of your or their actions under those circumstances. | clearly_fair | 665 |
Since you may use a free Evernote service account, and since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below. | clearly_fair | 666 |
Once I Have an Account, What Are My Rights in the Evernote Service? | clearly_fair | 667 |
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. | clearly_fair | 668 |
In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Evernote Software provided to you by or on behalf of Evernote, for the sole purpose of enabling you to use the Evernote Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Evernote Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. | clearly_fair | 669 |
You do not obtain any other right or interest in Evernote or the Service. | clearly_fair | 670 |
Evernote’s Data Protection Laws Say My Data Is Mine – What Does That Mean? | clearly_unfair | 671 |
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. | clearly_fair | 672 |
But you do have to grant Evernote a limited license, as described below, so we can make your data accessible and usable on the Service. | clearly_unfair | 673 |
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