Epson HA35A Manual page 4

court or arbitrator determines that the class action waiver set forth in this paragraph is void or
unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration
provision set forth herein shall be deemed null and void in its entirety and the parties shall be deemed
to have not agreed to arbitrate disputes.
6. Arbitration Procedure. If you or Epson commences arbitration, the arbitration shall be governed by the
JAMS Streamlined Arbitration Rules and Procedures or the applicable rules of JAMS that are in effect
when the arbitration is filed, excluding any rules that permit arbitration on a class-wide 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, which shall be
selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures, 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 D(1) above. The arbitrator
shall be empowered to grant whatever relief would be available in a court under law or in equity. 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. Each party will have the right to use legal counsel in
connection with arbitration at its own expense. 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 or, if you and we both agree, to conduct it online, in lieu of appearing live. Arbitration
hearings not conducted by telephone or online shall take place in a location reasonably accessible from
your primary residence, or in Orange County, California, at your option.
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 (3) 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 (1) copy of the Demand for Arbitration to the other party (at the same address as the
notice of a dispute, above in Section D(2)), 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.
7. 30 Day Opt-out Right. You may elect to opt-out (exclude yourself) from the final, binding, individual
arbitration procedure and waiver of class proceedings set forth in Section D of this Agreement by
sending a written letter to the Epson address listed above in Section D(2) within 30 days of your
assent to this Agreement 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
proceedings specified in this Section D. In the event that you opt-out consistent with the procedure
set forth above, all other terms set forth in the Agreement shall continue to apply, including the
requirement to provide notice prior to litigation. If you opt-out of these arbitration provisions, Epson
will also not be bound by them.
8. Amendments to Section D. 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 D (or resolve disputes as provided for in Section D(7), if you timely elected
to opt-out when you first assented to this Agreement).
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