Terms of Service

  1. ACCEPTANCE OF TERMS

  2.DESCRIPTION OF ENJOYING AGING SERVICES

  3. YOUR REGISTRATION OBLIGATIONS

  4. ENJOYING AGING, LLC PRIVACY POLICY

  5. MEMBER ACCOUNT, PASSWORD AND SECURITY

  6. MEMBER CONDUCT

  7. INTERSTATE NATURE OF COMMUNICATIONS ON ENJOYING AGING NETWORK

  8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

  9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE ENJOYING AGING SERVICES

10. CONTRIBUTIONS TO ENJOYING AGING

11.INDEMNITY

12.NO COMMERCIAL REUSE OF ENJOYING AGING SERVICES

13.GENERAL PRACTICES REGARDING USE AND STORAGE

14.MODIFICATIONS TO ENJOYING AGING SERVICES

15.TERMINATION

16.DEALINGS WITH ADVERTISERS

17.LINKS

18.ENJOYING AGING'S PROPRIETARY RIGHTS

19.DISCLAIMER OF WARRANTIES

20.LIMITATION OF LIABILITY

21.EXCLUSIONS AND LIMITATIONS

22.SPECIAL ADMONITION FOR ENJOYING AGING SERVICES RELATING TO FINANCIAL MATTERS

23.NO THIRD-PARTY BENEFICIARIES

24.NOTICE

25.TRADEMARK INFORMATION

26.NOTICE AND PROCEDURE FOR MAKING CLAIMS COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

27.GENERAL INFORMATION

28.VIOLATIONS

 

  1. ACCEPTANCE OF TERMS

Enjoying Aging, LLC. (EA) welcomes you. EA provides the EA Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.enjoyingaging.com. By accessing and using the EA Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular EA owned or operated services, you and EA shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. EA may also offer other services that are governed by different Terms of Service. For instance, different terms apply to EA affiliates, partners and/or sponsors.

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  1. DESCRIPTION OF ENJOYING AGING SERVICES

EA provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "EA Services"). You also understand and agree that the EA Services may include advertisements and that these advertisements are necessary for EA to provide the EA Services. You also understand and agree that the EA Services may include certain communications from EA, such as service announcements, administrative messages and the EA Magazine, and that these communications are considered part of EA membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current EA Services, including the release of new EA properties, shall be subject to the TOS. You understand and agree that the EA Services is provided "AS-IS" and that EA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the EA Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the EA Services.

 

You understand that the technical processing and transmission of the EA Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Please be aware that EA has created certain areas on the EA Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

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  1. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the EA Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the EA Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the EA Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EA has the right to suspend or terminate your account and refuse any and all current or future use of the EA Services (or any portion thereof). EA is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 18 who wish to allow their children access to the EA Services must create an EA Family Account. When you create an EA Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the EA Family Account. By adding a child to your EA Family Account, you also give your child permission to access many areas of the EA Services, including, email, message boards and instant messaging (among others). Please remember that the EA Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the EA Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.

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  1. ENJOYING AGING, LLC PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full EA Privacy Policy at http://enjoyingaging.com/privacypolicy, or if you came from EA Kids, then see our EA Kids Privacy Policy at http://enjoyingaging.com/privacypolicy/kids. You understand that through your use of the EA Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by EA and its affiliates.

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  1. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the EA Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

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  1. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not EA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the EA Services. EA does not control the Content posted via the EA Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the EA Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the EA Services.

 

You agree to not use the Enjoying Aging Services to:

 

You acknowledge that EA may or may not pre-screen Content, but that EA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the EA Services. Without limiting the foregoing, EA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by EA or submitted to EA, including without limitation information in EA Message Boards and in all other parts of the EA Services.

 

You acknowledge, consent and agree that EA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of EA, its users and the public.

 

You understand that the EA Services and software embodied within the EA Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by EA and/or content providers who provide content to the EA Services. You may not attempt to override or circumvent any of the usage rules embedded into the EA Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the EA Services, in whole or in part, is strictly prohibited.

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  1. INTERSTATE NATURE OF COMMUNICATIONS ON ENJOYING AGING NETWORK

When you register with EA, you acknowledge that in using the EA Services to send electronic communications (including but not limited to email, search queries, sending messages to EA Chat or EA Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through EA's computer networks, portions of which are located in other locations in the United States and portions of which are located abroad. As a result, and also as a result of EA's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

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  1. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the EA Services and transfer, posting and uploading of software, technology, and other technical data via the EA Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the EA Services to parties identified on such lists; (b) agree not to use the EA Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the EA Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

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  1. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE ENJOYING AGING SERVICES

EA does not claim ownership of Content you submit or make available for inclusion on the EA Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the EA Services, you grant EA the following worldwide, royalty-free and non-exclusive license(s), as applicable:

 

"Publicly accessible" areas of the EA Services are those areas of the EA network of properties that are intended by EA to be available to the general public. By way of example, publicly accessible areas of the EA Services would include EA Message Boards and portions of EA Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the EA Services would not include portions of EA Groups that are limited to members, EA services intended for private communication such as EA Mail or EA Messenger, or areas off of the EA network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by EA.

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  1. CONTRIBUTIONS TO ENJOYING AGING

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to EA through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) EA is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) EA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) EA may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of EA without any obligation of EA to you; and (f) you are not entitled to any compensation or reimbursement of any kind from EA under any circumstances.

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  1. INDEMNITY

You agree to indemnify and hold EA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the EA Services, your use of the EA Services, your connection to the EA Services, your violation of the TOS, or your violation of any rights of another.

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  1. NO COMMERCIAL REUSE OF ENJOYING AGING SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the EA Services (including Content, advertisements, Software and your EA ID).

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  1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that EA may establish general practices and limits concerning use of the EA Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the EA Services, the maximum number of email messages that may be sent from or received by an account on the EA Services, the maximum size of any email message that may be sent from or received by an account on the EA Services, the maximum disk space that will be allotted on EA's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the EA Services in a given period of time. You agree that EA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the EA Services. You acknowledge that EA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that EA reserves the right to modify these general practices and limits from time to time.

 

EA Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your EA accounts located on EA servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on EA too. Your agreement to this TOS constitutes your consent to allow EA to store these communications on its servers.

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  1. MODIFICATIONS TO ENJOYING AGING SERVICES

EA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the EA Services (or any part thereof) with or without notice. You agree that EA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the EA Services (or any part thereof).

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  1. TERMINATION

You may terminate your EA account, any associated email address and access to the EA Services by submitting such termination request to EA.

 

You agree that EA may, without prior notice, immediately terminate, limit your access to or suspend your EA account, any associated email address, and access to the EA Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the EA Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the EA Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in EA's sole discretion and that EA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the EA Services.

 

Termination of your EA account includes any or all of the following: (a) removal of access to all or part of the offerings within the EA Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the EA Services.

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  1. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the EA Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the EA Services.

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  1. LINKS

The EA Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that EA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

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  1. ENJOYING AGING'S PROPRIETARY RIGHTS

You acknowledge and agree that the EA Services and any necessary software used in connection with the EA Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the EA Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by EA or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the EA Services, such Content or the Software, in whole or in part.

 

EA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the EA Services. You agree not to access the EA Services by any means other than through the interface that is provided by EA for use in accessing the EA Services.

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  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

20.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE EA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE EA SERVICE.

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          21. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

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22. SPECIAL ADMONITION FOR ENJOYING AGING SERVICES RELATING TO
       FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the EA Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The EA Services is provided for informational purposes only, and no Content included in the EA Services is intended for trading or investing purposes. EA and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the EA Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

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           23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

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          24. NOTICE

EA may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the EA Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the EA Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the EA Services in an authorized manner.

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           25. TRADEMARK INFORMATION

You agree that all of EA’s trademarks, trade names, service marks and other EA logos and brand features, and product and service names are trademarks and the property of EA, LLC. (the "EA Marks"). Without EA's prior permission, you agree not to display or use in any manner the EA Marks.

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26. NOTICE AND PROCEDURE FOR MAKING CLAIMS COPYRIGHT ORINTELLECTUAL PROPERTY INFRINGEMENT

EA respects the intellectual property of others, and we ask our users to do the same. EA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide EA's Copyright Agent the following information:

 

EA's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By mail:
Copyright Agent
c/o Enjoying Aging, LLC.
P.O. Box 1765
Lynn Haven, FL  32444
By phone: 850-248-5550
By fax: 850-248-5550
By email: comments@enjoyingaging.com

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              27.  GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and EA and governs your use of the EA Services, superseding any prior version of this TOS between you and EA with respect to the EA Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EA services, affiliate services, third-party content or third-party software.

 

Choice of Law and Forum. You and EA each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and EA, shall be brought exclusively in the courts located in the county of Bay, Florida or the U.S. District Court of Florida. You and EA agree to submit to the personal jurisdiction of the courts located within the county of Bay, Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

Waiver and Severability of Terms. The failure of EA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

No Right of Survivorship and Non-Transferability. You agree that your EA account is non-transferable and any rights to your EA ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the EA Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

               28. VIOLATIONS

Please report any violations of the TOS to ourCustomer Care group.
Last updated January 8, 2009

 

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