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5. 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 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.
6. Disputes, Arbitration, Governing Laws:
A. Any controversy or claim arising out of or relating to Epson products or services
or this agreement, shall be resolved by arbitration, rather than in court, in Los
Angeles County, California. If you or Epson commences arbitration, the arbitration
shall be governed by the rules of JAMS that are in effect when the arbitration is
filed, excluding any rules that permit arbitration on a class or representative basis,
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this agreement. Disputes shall be resolved by a single neutral
arbitrator, 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.
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 customer.inquires@ea.epson.com. 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.
To contact the Epson Connection
SM
, please call (800) 637-7661 or (562) 276-4394 in the
U.S. and (905) 709-3839 in Canada or write to Epson America, Inc., P.O. Box 93012, Long
Beach, CA 90809-3012.
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.
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.
© 2017 Epson America, Inc., 8/17
Printed in XXXXXX
CPD-54349
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