Loading ...
Loading ...
Loading ...
SL-D1000 Series User's Guide
Appendix
194
22.3 Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you and Epson agree to try, for
sixty (60) days, to resolve any Dispute informally. If Epson and you do not reach an agreement to resolve the
Dispute within the sixty (60) days, you or Epson may commence an arbitration. Notice to Epson must be addressed
to: Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long Beach, CA 90806 (the “Epson
Address”). The Dispute Notice to you will be sent to the most recent address Epson has in its records for you. For
this reason, it is important to notify us if your address changes by emailing us at [email protected] or writing
us at the Epson Address above. Notice of 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.
22.4 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.
22.5 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.
22.6 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, 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
22.1 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.
Loading ...
Loading ...
Loading ...