Epson HA35A Manual page 3

10.Installation or removal.
11.Any damage from service performed by anyone other than an Epson authorized servicer.
12.Damage resulting from operation or storage in areas with smoke, oil, high humidity, steam, corrosive
gases or chemicals, excessive dust, vibration, or shock.
13.Cosmetic damage caused by handling or normal wear and tear during use.
14.Any product or parts purchased as used, refurbished, or reconditioned.
15.Any damage caused by using improper packaging materials or improper packaging and shipping when
returning a product for repair or replacement. You will be invoiced for such shipping damage to product.
This warranty is not transferable. Epson is not responsible for your data or applications, which cannot be
restored and should be backed up by you. Postage, insurance, or shipping costs incurred in presenting your
Epson product for carry-in warranty service are your responsibility. If a claimed defect cannot be identified
or reproduced in service, you will be held responsible for costs incurred.
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
EAILegal@ea.epson.com 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
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