Origin Adds Anti-Lawsuit Language to TOS

Electronic Arts has amended it's Terms of Service to include anti-lawsuit language, following a Supreme Court ruling that prompted a similar move by Sony. Kotaku outlines the new language:
"By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

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."
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Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 24, 2011, 11:38
49.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 11:38
Sep 24, 2011, 11:38
 
It's very legal here in the United States. My company was recently sued in small claims court and before the judge even heard arguments, he had to acknowledge the 'change of venue' request we had presented to the court before the trial date (we also mailed it to the plaintiff).

Yes, we have a similar clause in my company's ToS.

The judge asked if both parties could present a copy of the ToS and we both did. The judge remarked that each ToS was identical. He clearly stated that all disagreements must be handled via arbitration, and that the courts had no jurisdiction in this case because both parties agreed to the same ToS. The judge dismissed right then and there.

The Plaintiff can still sue, but it must be done by arbitration.

On a personal note, I run a small business with a few great employees, built it from the ground up, and went through some tough, tough times, some folks in the past took a pay cut and so did I, but we pulled through. Anyway, the plaintiff was a dick. We provided double, in a dollar amount, of what this guy was suing for, and his case was baseless. I offered to pay his court fees, after three hours of mediation, before the case went before a judge, because I 99% already knew the outcome, but still, you never know. Even the mediator was shaking his head at the plaintiff. The guy rejected my offer and the above was the result.
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Re: Origin Adds Anti-Lawsuit Language to TOS
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