Loading ...
Loading ...
Loading ...
SL-D1000 Series User's Guide
Appendix
195
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
22.6d).
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 22.6(d) above does not
limit your rights to attorney’s fees and expenses under applicable law; notwithstanding the foregoing, the arbitrator
may not award duplicative awards of attorney’s fees and expenses.
22.7 Opt-out. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure
and waiver of class and representative proceedings specified in this Agreement by sending a written letter to the
Epson Address within thirty (30) days of your assent to this Agreement (including without limitation the purchase,
download, installation of the Software or other applicable use of Epson Hardware, products and services) that
specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding
individual arbitration procedure and waiver of class and representative proceedings specified in this Section 22. In
the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply,
including the requirement to provide notice prior to litigation.
22.8 Amendments to Section 22. Notwithstanding any provision in this Agreement to the contrary, you and Epson
agree that if Epson makes any future amendments to the dispute resolution procedure and class action waiver
provisions (other than a change to Epson’s address) in this Agreement, Epson will obtain your affirmative assent to
the applicable amendment. If you do not affirmatively assent to the applicable amendment, you are agreeing that
you will arbitrate any Dispute between the parties in accordance with the language of this Section 22 (or resolve
disputes as provided for in Section 22.7, if you timely elected to opt-out when you first assented to this Agreement).
Loading ...
Loading ...
Loading ...