303
1.5 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND EPSON AGREE THAT
EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE
CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE
ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING
WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED.
ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN
ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS
WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION
PROCEEDING.
1.6 Arbitration Procedure. If you or Epson commences arbitration, the arbitration shall be governed by
the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration
on a class or representative basis (the "JAMS Rules"), available at http://www.jamsadr.com or by calling
1-800-352-5267 (U.S. or Canada), or https://www.jamsadr.com/about/ or by calling +1-949-224-1810
(Latin America), and under the rules set forth in this Agreement. All Disputes shall be resolved by a
single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the
selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not
any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising
out of or relating to the interpretation, applicability, enforceability or formation of this Agreement,
including any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad
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").
To Next Page
Loading...
Need help?
General
Weight and Dimensions
