Epson XP-4100 Quick Manual - Page 6

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reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the

terms of this agreement.

B. Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you agree to try, for sixty

(60) days, to resolve any dispute informally by contacting us at [email protected].

Please include your name, address and contact information, the facts giving rise to the dispute, and the

relief requested. You agree to act in good faith to resolve the dispute, but if you and Epson do not reach

a resolution within the sixty (60) days, you may commence an arbitration.

C. 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 Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long

Beach, CA 90806, within thirty (30) days of your purchase of the Epson products and/or 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 6. 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.

D. Judgment on the arbitration award may be entered in any court having jurisdiction. There is no

judge or jury in arbitration and your grounds for appeal are limited, however, the arbitrator is

empowered to grant relief and award you the same damages as a court could, including declaratory

or injunctive relief.

E. Notwithstanding the foregoing, you may bring an individual action in a small claims court of your

state or municipality if the action is within that court's jurisdiction and is pending only in that

court.

F. Any action must be brought within three (3) months of the expiration of the warranty.

G. You and Epson each agree that any dispute resolution proceedings will be conducted only on an

individual basis and not in a class, consolidated or representative action. If for any reason a claim

proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both

agree that you or Epson may bring suit in court to enjoin infringement or other misuse of

intellectual property rights.

H. If any provision in this Section 6 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, consolidated or representative actions in Section 6G above. This means that if

Section 6G is found to be unenforceable, then all of Section 6, except for this paragraph H, shall be null

and void.

7. Other Provisions:

A. Other Rights You May Have: This warranty gives you specific legal rights, and you may also have

other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow limitations

on how long an implied warranty lasts, or allow the exclusion or limitation of incidental or

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

B. Warranties in Canada: In Canada, warranties include both warranties and conditions.

C. Except for Section 6, which is governed by the Federal Arbitration Act, in the event of a dispute in

which the provisions of Section 6 are inapplicable, severed from the remainder of this agreement, or

you opt out pursuant to Section 6C, you and Epson both consent to the jurisdiction of your state of

residence.

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.

You can also write to: Epson America, Inc., P.O. Box 93012, Long Beach, CA 90809-3012.

Notices