Common use of Arbitration Fees and Location Clause in Contracts

Arbitration Fees and Location. If You start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations. In some situations, Epic will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, Epic will pay all of the JAMS costs, including the fees you otherwise would have been required to pay. If the above doesn’t apply to You, but You demonstrate that arbitration costs will be prohibitive compared to litigation costs, Epic will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). Even if Epic wins the arbitration and the applicable law or the JAMS Rules allow Epic to seek our portion of the JAMS fees from you, we won’t. The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Epic for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS rules. JAMS costs do not include your Attorneys’ fees and costs and Attorneys’ fees and JAMS costs are not counted when determining how much a dispute involves. Epic won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the JAMS rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

Appears in 4 contracts

Samples: User License Agreement, Epic Games Store End User License Agreement, User License Agreement

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Arbitration Fees and Location. If You start the arbitration, you must pay the JAMS NAM filing fee required for consumer arbitrations. In some situations, Epic will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, Epic will pay all of the JAMS costsNAM filing fee, including the fees fee you otherwise would have been required to pay. If the above doesn’t apply to You, but You demonstrate that the arbitration costs filing fee will be prohibitive compared to litigation costs, Epic will pay as much of your JAMS costs filing fee as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). For purposes of calculating damages under this paragraph, similar claims brought by multiple claimants represented by the same or coordinated counsel will be aggregated. In other words, if twenty people represented by the same or coordinated counsel seek $1,000 each, this will be treated for purposes of this section as a claim that seeks $20,000. Even if Epic wins the arbitration and the applicable law or the JAMS Rules allow Epic to seek our portion of the JAMS NAM fees from you, we won’t. The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Epic for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS rulesRules. JAMS costs Filing fees Epic agrees to pay under this section do not include your Attorneys’ fees and costs and Attorneys’ such fees and JAMS costs are not counted when determining how much a dispute involves. Epic won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the JAMS rules Rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

Appears in 2 contracts

Samples: Epic Games Store End User License Agreement, Epic Games Store End User License Agreement

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Arbitration Fees and Location. If You start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations. In some situations, Epic will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, Epic will pay all of the JAMS costs, including the fees you otherwise would have been required to pay. If the above doesn’t apply to You, but You demonstrate that arbitration costs will be prohibitive compared to litigation costs, Epic will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). Even if Epic wins the arbitration and the applicable law or the JAMS Rules allow Epic to seek our portion of the JAMS fees from you, we won’t. The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Epic for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS rules. JAMS costs do not include your Attorneysattorneys’ fees and costs and Attorneysattorneys’ fees and JAMS costs are not counted when determining how much a dispute involves. Epic won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the JAMS rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

Appears in 1 contract

Samples: Epic Games Store End User License Agreement

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