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also agree, notwithstanding Section 1.6,that a court, not an arbitrator, may decide if a claim or cause of
action is for an IP Claim.
1.2
Binding Arbitration
. You and Epson agree that all Disputes shall be resolved by binding arbitration
according to this Agreement.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE
OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED
.
Pursuant to this Agreement, binding arbitration shall be administered by JAMS, a nationally recognized
arbitration authority, pursuant to its code of procedures then in effect for consumer related disputes, but
excluding any rules that permit joinder or class actions in arbitration (for more detail on procedure, see
Section 1.6 below). You and Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C.
§1, et seq.) governs the interpretation and enforcement of this Section 1, (b) this Agreement
memorializes a transaction in interstate commerce, and (c) this Section 1 shall survive termination of this
Agreement.
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
