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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:
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).
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
SM
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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