Epson V11HA85020 Schnelles Einrichten - Seite 4

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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:

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).

9. Severability: If any provision in this Section D is found to be unenforceable, that

provision shall be severed with the remainder of this Agreement remaining in full

force and effect. The foregoing shall not apply to the prohibition against class

actions as provided in Section D(5). This means that if Section D(5) is found to be

unenforceable, the entire Section D (but only Section D) shall be null and void.

E. DISCLAIMER OF WARRANTIES: THE WARRANTY AND REMEDY PROVIDED ABOVE

ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME LAWS DO

NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN

ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD

IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION

MADE BY ANY OTHER PERSON OR FIRM ARE VOID. SOME STATES DO NOT

ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO THE ABOVE

LIMITATIONS MAY NOT APPLY TO YOU.

F. EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY: IN NO EVENT SHALL EPSON

OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES, OR ANY LOST PROFITS, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME,

CLAIMS OF THIRD PARTIES, OR INJURY TO PROPERTY, RESULTING FROM THE USE

OR INABILITY TO USE THE EPSON PRODUCT, WHETHER RESULTING FROM BREACH

OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS

AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL

RETAIL PURCHASE PRICE OF THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION

OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE

LIMITATIONS MAY NOT APPLY TO YOU.

G. Other Provisions

1. Other Rights You May Have: This Limited Warranty gives you specific legal rights,

and you may also have other rights which vary from jurisdiction to jurisdiction.

Some jurisdictions do not allow the exclusion or limitation of incidental or

consequential damages, so the above limitations or exclusions may not apply to

you.

2. Governing Law: Except for claims subject to arbitration pursuant to Section D,

you and Epson agree that the law of the state or country where you reside shall

govern.

3. Jurisdiction: Except for claims subject to arbitration pursuant to Section D, in the

event of a dispute you and Epson both consent to the jurisdiction of the courts

in your state of residence or, if you do not reside in a state, then of the courts in

Orange County, California.

To find the Epson Authorized Reseller nearest you, please visit www.epson.com in the

U.S. or www.epson.ca in Canada.

To find the Epson Customer Care Center nearest you, please visit

www.epson.com/servicecenterlocator in the U.S. or www.epson.ca/servicecenterlocator in

Canada.

To contact the Epson Connection

, please call (800) 637-7661 or (562) 276-4394 in the

U.S. and (905) 709-3839 in Canada.

EPSON is a registered trademark and EPSON Exceed Your Vision is a registered logomark of Seiko Epson

Corporation.

PrivateLine is a registered trademark and Epson Connection is a service mark of Epson America, Inc.

Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.

Mac is a trademark of Apple Inc., registered in the U.S. and other countries.

Google is a registered trademark and Google Assistant, Google Play, YouTube, and Android TV are trademarks

of Google LLC.

Netflix is a registered trademark of Netflix, Inc.

General Notice: Other product names used herein are for identification purposes only and may be trademarks

of their respective owners. Epson disclaims any and all rights in those marks.

This information is subject to change without notice.

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