301
1.3
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 EAILegal@ea.epson.com 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.
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
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 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
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