Van Fleet v. Trion Worlds, Inc. CA1/5
We consider whether the parties agreed to arbitrate their dispute relating to a computer game called ArcheAge. Aaron Van Fleet, Paul Ovberg, and James Longfield (collectively, plaintiffs) sued Trion Worlds, Inc. (Trion) asserting causes of action based on alleged misrepresentations regarding discounts that would be available within ArcheAge, and alleging other aspects of ArcheAge constitute an illegal lottery. Trion petitioned to compel arbitration of the dispute, but the ArcheAge End User License Agreement (EULA) does not contain an arbitration clause. Instead, it calls for any state law cause of action relating to the agreement to be litigated in San Mateo Superior Court. Trion’s Terms of Use does contain an arbitration clause, but it also provides it is “in addition to, and does not replace or supplant” the ArcheAge EULA, and, in the event of a conflict or inconsistency, the ArcheAge EULA “shall supersede” it. Based on this provision in the Terms of Use, we conclude t
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