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(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.
1.8 Amendments to Section 1. 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 1 (or resolve disputes as provided for in Section 1.7, if you
timely elected to opt-out when you first assented to this Agreement).
