261
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
("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 1.6d).
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
1.6d) 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.
1.7
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 1. 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.
Summary of Contents for C11CK61201
Page 1: ...XP 5200 User s Guide ...
Page 2: ......
Page 14: ...14 Product Parts Inside 1 Document cover 2 Scanner glass 3 Control panel 4 Front cover ...
Page 124: ...124 You see an Epson Scan 2 window like this ...
Page 126: ...126 You see an Epson Scan 2 window like this ...
Page 140: ...140 You see a screen like this 2 Click the Save Settings tab ...
Page 145: ...145 You see this window ...
