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the Dispute shall include the sender's name, address and contact information, the facts giving rise to the
Dispute, and the relief requested (the "Dispute Notice"). Following receipt of the Dispute Notice, Epson
and you agree to act in good faith to resolve the Dispute before commencing arbitration.
1.4 Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small
claims court of your state or municipality if the action is within that court's jurisdiction and is pending only
in that court.
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 https://www.jamsadr.com/about/ or
by calling +1-949-224-1810 (from outside the U.S.) or 1-800-352-5267 (from within the U.S.), 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.
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