1. Scope of Agreement
This Agreement describes the Terms and Conditions that apply to an EA Wallet activated, accessed and/or used by residents of the United States. This Agreement is between you and Electronic Arts Inc. (“EA”), 209 Redwood Shores Parkway, Redwood City, CA 94065. In this Agreement, the term “you” means you the customer; and the terms “EA”, “we”, “us” and “our” means either Electronic Arts Inc.
By selecting the “I have read and accept this Agreement” checkbox, you agree to be bound by these Terms and Conditions. Please keep a copy of these Terms and Conditions for your records.
2. Revised Terms
EA may revise these Terms and Conditions at any time and the revisions will apply to your subsequent access and/or use of your EA Wallet. When EA revises these Terms and Conditions, we change the “Last Updated” date above. Each time you access and/or use your EA Wallet, you agree that you will review these Terms and Conditions. If you do not agree to the revisions, you should stop using your EA Wallet.
In order to be eligible for an EA Wallet issued by Electronic Arts Inc., you must be a resident of the United States.
You may only have one EA Wallet at any given time. Your EA Wallet is non-transferrable and attaches to your Origin Account. You may not use anyone else’s EA Wallet at any time.
4. Funding And Using Your EA Wallet
Once activated, EA allows you to load funds on to your EA Wallet for future purchases of eligible EA products and services through EA Online Cash Card enabled stores such as www.origin.com and any other EA Online Cash Card enabled stores that EA makes available to you from time to time. To view the balance in your EA Wallet visit www.origin.com/account.
The funds loaded on to your EA Wallet are non-transferrable, non-exchangeable and cannot be withdrawn by you from your EA Wallet. The funds loaded on to your EA Wallet are not deposits and are not insured by the Federal Deposit Insurance Corporation or any other governmental agency. No credit card, credit line, overdraft protection or deposit account is associated with your EA Wallet.
You may only utilize the funds in your EA Wallet to redeem eligible EA products or services from EA Wallet-enabled storefronts, such as www.origin.com, that are offered in the same currency as the funds in your EA Wallet. The funds in your EA Wallet may not be used for the purchase of EA Cash Cards or products or services through in-store pickup. Any unused funds after each purchase will be held in your EA Wallet. If an order exceeds the amount of funds in your EA Wallet, the remainder must be paid with other available payment methods. If you are entitled to a refund on a purchase of EA products or services made with funds from your EA Wallet, we will refund such funds back into your EA Wallet.
Unless otherwise required by law, any unused funds in your EA Wallet are nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on any unused funds in your EA Wallet will accrue or be paid or credited to you by EA.
EA does not charge any fees for the activation or use of your EA Wallet. Any unused funds in your EA Wallet do not expire. Unused funds, however, may become subject to statutory unclaimed property laws. EA will attempt to contact you before escheating any unused funds.
5. Balance and Spending Limits
The funds held in your EA Wallet may not exceed $300. In addition, you may not spend more than $200 from your EA Wallet balance in one day.
6. Liability for Unauthorized Transactions
You are responsible for all transactions associated with your EA Wallet, including unauthorized transactions. You agree to notify EA immediately of any unauthorized use or theft of your EA Wallet 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 someone else using your EA Wallet, either with or without your knowledge. However, you will be liable for losses incurred by EA or another party due to someone else using your EA Wallet.
We reserve the right to correct the balance of your EA Wallet if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your EA Wallet, please contact customer support at help.ea.com. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question.
EA reserves the right to close customer accounts, including your Origin Account and/or EA Wallet, and request alternative forms of payment (a) if you fail to comply with these Terms and Conditions or (b) EA suspects an EA Wallet was fraudulently activated, loaded, accessed or used to make a purchase.
8. Disclaimer of Warranties
EA AND ITS LICENSEES, AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EA WALLETS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE: FROM TIME TO TIME THE EA WALLET SYSTEM MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO OBTAIN INFORMATION ABOUT THE BALANCE ON YOUR EA WALLET, OR USE EA WALLET TO PAY FOR PURCHASES. PLEASE NOTIFY US IF YOU HAVE ANY PROBLEMS USING YOUR EA WALLET. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EA OR ANY OF ITS SUBSIDIARIES AND AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE EA WALLET, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA (INCLUDING PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR OTHER USER DATA), LOSS OF GOODWILL, INTERUPTION OF SERVICE, WORK STOPPAGE, COMPUTER DISRUPTION, INTERFERENCE, FAILURE OR MALFUNCTION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH ALLEGED LOSS OR DAMAGE ARISES IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL EA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT HELD IN YOUR EA WALLET.
10. Governing Law; Jurisdiction
The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement. You expressly agree that exclusive jurisdiction for any claim or dispute with EA or relating in any way to your activation, access and/or use of the EA Wallet in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving EA or its parent, affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
11. Reservation of Rights
EA reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or the EA Terms of Service. Our failure to enforce this Agreement or the EA Terms of Service in every instance in which it is entitled does not amount to a waiver of EA rights.
If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, except for the Terms of Sale, as described in Section 1 above.
© 2013 Electronic Arts Inc. Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065.