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D. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND

CLASS ARBITRATIONS:

1. Disputes. The terms of this Section D shall apply to all Disputes between you and

Epson. The term "Dispute" is meant to have the broadest meaning permissible

under law or in equity and includes any dispute, claim, controversy, or action

between you and Epson arising out of or relating to this Agreement (including

its formation, performance, or breach), the Software, Epson Hardware, the

parties' relationship with each other, and/or any other transaction involving you

and Epson, whether in contract, or with respect to warranty, misrepresentation,

fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or

equitable basis. However, a "Dispute" does not include a claim or cause of action

for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright

infringement or misuse, or (d) trade secret misappropriation (an "IP Claim"). You

and Epson also agree, notwithstanding Section D, that a court, not an arbitrator,

may decide if a claim or cause of action is for an IP Claim.

2. Initial Dispute Resolution. Before submitting a claim for arbitration in accordance

with this Section D, 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

in accordance with Section D(6). Notice to Epson must be addressed to: Epson

America, Inc., ATTN: Legal Department, 3131 Katella Ave., Los Alamitos, CA 90720.

Any 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. Any

notice sent 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 [email protected] or writing us at the address above. You

and Epson agree to act in good faith to resolve the Dispute before commencing

arbitration in accordance with this Section D(2).

3. Binding Arbitration. If we do not reach an agreed upon solution within a period

of sixty (60) days from the time informal dispute resolution is pursued pursuant

to Section D(2) above, then either party may initiate 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 RIGHT TO

DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT.

Pursuant to this Agreement, binding arbitration shall be administered by JAMS,

a nationally recognized arbitration provider, pursuant to the JAMS Streamlined

Arbitration Rules and Procedures or its applicable code of procedures then in

effect for consumer related disputes, but excluding any rules that permit class

arbitration (for more detail on procedure, see Section D(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 D, (b) this Agreement

memorializes a transaction in interstate commerce, and (c) this Section D shall

survive termination of this Agreement.

4. Exception—Small Claims Court. Notwithstanding the parties' agreement to

resolve disputes through arbitration, you or we 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.

5. WAIVER OF CLASS ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE

THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN

INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR CLASS ARBITRATION.

If any 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:

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 thirty (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.

Android TV, Chromecast, Google, Google Home, and YouTube are trademarks of Google LLC.

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.

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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