Quote Originally Posted by Eloc View Post
Would it be possible to file a lawsuit against SE for failure to enforce its TOS?

getting really tired of these bots. We need a way to light a fire under their asses and show them their is actual repercussions for allowing bots to run rampant like this.
Not a lawyer, but probably not. Aside from the fact that you agreed to arbitration as part of the ToS, I believe the following means any such case would be DoA:

11.2 Disclaimer of Warranties. ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. SQUARE ENIX DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE.