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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").
(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
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