110
delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or
cause of action is for an IP Claim, which is excluded from the definition of "Disputes" in Section 1.1
above. The arbitrator shall be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator may award you the same damages as a court could, and may award
declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim. In some instances, the costs of
arbitration can exceed the costs of litigation and the right to discovery may be more limited in arbitration
than in court. The arbitrator's award is binding and may be entered as a judgment in any court of
competent jurisdiction.
You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by
telephone shall take place in a location reasonably accessible from your primary residence, or in Orange
County, California, at your option.
a) Initiation of Arbitration Proceeding. If either you or Epson decides to arbitrate a Dispute, both parties
agree to the following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount
of damages sought to be recovered. You can find a copy of a Demand for Arbitration at
http://www.jamsadr.com ("Demand for Arbitration").
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS, 500 North
State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send one copy of the Demand for Arbitration to the other party (same address as the Dispute
Notice), or as otherwise agreed by the parties.
b) Hearing Format. During the arbitration, the amount of any settlement offer made shall not be disclosed
to the arbitrator until after the arbitrator determines the amount, if any, to which you or Epson is entitled.
The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during
the arbitration.
c) Arbitration Fees. Epson shall pay, or (if applicable) reimburse you for, all JAMS filings and arbitrator
fees for any arbitration commenced (by you or Epson) pursuant to provisions of this Agreement.
d) Award in Your Favor. For Disputes in which you or Epson seeks $75,000 or less in damages exclusive
of attorney's fees and costs, if the arbitrator's decision results in an award to you in an amount greater
than Epson's last written offer, if any, to settle the Dispute, Epson will: (i) pay you $1,000 or the amount
of the award, whichever is greater; (ii) pay you twice the amount of your reasonable attorney's fees, if
any; and (iii) reimburse you for any expenses (including expert witness fees and costs) that your attorney
reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as
agreed upon by you and Epson in writing, the arbitrator shall determine the amount of fees, costs, and
expenses to be paid by Epson pursuant to this Section 1.6d).
e) Attorney's Fees. Epson will not seek its attorney's fees and expenses for any arbitration commenced
involving a Dispute under this Agreement. Your right to attorney's fees and expenses under Section
To Next Page
Loading...
Need help?
General
Weight and Dimensions
