Epson Home Cinema 2350 Manual - Page 4

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

with this Section D, you and Epson agree to try, for 60 days, to resolve any Dispute

informally. If Epson and you do not reach an agreement to resolve the Dispute

within the 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 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 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

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.

Android TV, Google Assistant, Google Play, and YouTube 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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CPD-62278