Charges & Financial Obligations · Restriction or exception
You pay any data charges, and your internet provider may have its own terms
Your use of the app may require an internet connection. You may incur data charges for information sent or received by your device while using the app, and you are solely responsible for those charges. Using an internet connection may require you to agree to additional terms of service from your internet provider.
Supporting quotations
You may incur data charges related to information transmitted (whether sent or received) by Your device while using the App. You are solely responsible for any such data charges.
Use of an internet connection may require You to agree to additional terms of service from Your internet provider.
Qualifications & exceptions
The app may require an internet connection.
Charges & Financial Obligations · Restriction or exception
Epic's total liability to you is capped at $50
In no event will the aggregate liability of Epic, its licensors or its distributors to you for damages exceed fifty U.S. dollars ($50.00). The limits apply even if the stated remedy fails of its essential purpose. You agree that free access to the app and Services reflects the allocation of risk in the agreement, and you acknowledge Epic would not enter the agreement without these limits.
Supporting quotations
IN NO EVENT SHALL EPIC’S, OR EPIC’S LICENSORS’ OR DISTRIBUTORS’ AGGREGATE LIABILITY TO YOU FOR DAMAGES EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT THE FREE ACCESS TO THE APP AND THE SERVICES REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT
Not stated here
This sentence does not repeat "to the maximum extent permitted by law", so the text does not say how the $50 cap applies where a jurisdiction does not allow such a limit.
Charges & Financial Obligations · Company commitment
Epic pays all arbitration filing, administration and arbitrator fees
Epic will pay all filing, administration and arbitrator fees associated with the arbitration.
Supporting quotations
Epic will pay all filing, administration, and arbitrator fees associated with the arbitration.
Qualifications & exceptions
This covers filing, administration and arbitrator fees; the General section separately gives the prevailing party in any Dispute its costs, expert witness fees and reasonable attorneys' fees.
Cross-references
contrast (model-proposed): The prevailing party in any Dispute recovers its costs, expert fees and attorneys' fees — contrast: Epic agrees to pay all arbitration filing, administration and arbitrator fees, while the General section gives the prevailing party in any Dispute its costs, expert witness fees and reasonable attorneys' fees. The agreement does not say how the two rules fit together.
Charges & Financial Obligations · Restriction or exception
The prevailing party in any Dispute recovers its costs, expert fees and attorneys' fees
The prevailing party in any Dispute under the agreement is entitled to receive its costs, expert witness fees and reasonable attorneys' fees, including costs and fees on appeal. "Dispute" is the term the arbitration section defines for any dispute, claim or controversy arising out of or relating in any way to the app, the agreement or the arbitration agreement.
Supporting quotations
The prevailing party in any Dispute under this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.
(hereinafter, collectively, the “Dispute”)
Qualifications & exceptions
The rule applies to either side: whichever party prevails recovers.
Not stated here
The agreement does not define "prevailing party" or say how this fee-shifting rule fits with Epic paying all arbitration filing, administration and arbitrator fees.
Charges & Financial Obligations · User right or choice
If the app breaks a warranty, you may notify Apple for a refund of any purchase price; otherwise Epic handles claims
If the app fails to conform to any applicable warranty, you may notify Apple and you will be refunded any purchase price, if applicable. To the maximum extent permitted by applicable law, Apple has no other warranty obligation for the app and no responsibility for other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty. As between Epic and Apple, Epic, not Apple, is responsible for addressing claims relating to the app or your possession or use of it.
Supporting quotations
In the event the App fails to conform to any applicable warranty, You may notify Apple and You will be refunded any purchase price, if applicable, for the App.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and Apple has no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
As between Epic and Apple, Epic, not Apple, is responsible for addressing any claims relating to the App or Your possession and/or use of the App.
Qualifications & exceptions
The refund is of "any purchase price, if applicable"; the agreement elsewhere describes access to the app as free.
Applies to iOS users.
Not stated here
The agreement does not say which warranties are "applicable", since it also disclaims warranties.