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D. DISCLAIMER OF WARRANTIES: EPSON’S SOLE AND EXCLUSIVE LIABILITY AND YOUR
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE LIMITED TO EITHER, AT
EPSON’S OPTION, REPAIR OR REPLACEMENT AS SET FORTH ABOVE. THE WARRANTY
AND REMEDY PROVIDED 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.
E. 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, INCLUDING CUSTOMERS, 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.
F. Disputes, Arbitration, Governing Laws:
1. Both you and Epson agree that any controversy or claim arising out of or relating to Epson products or
services or this agreement, shall be resolved by arbitration on an individual, non-class,
non-representative basis, rather than in court. 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 and under the rules set forth in this agreement. The arbitrator, and not any federal,
state, or local court or agency shall have the exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability, or formation, including but not limited to, any claim that all
or any part is void or voidable. JAMS rules are available at http://www.jamsadr.com or by calling
1-800-352-5267. 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. If you wish, you may appear at
the arbitration by phone. The arbitrator is bound by the terms of this agreement.
2. 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 cont
acting us at customer.in[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.
3. 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 (effective August 2020: 3131 Katella Ave., Los Alamitos, CA 90720), 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 F. 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.
4. 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. Judgment on the arbitration may be entered in any court having jurisdiction.
5. 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.
6. Notwithstanding the foregoing, we also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of trademark, patent infringement, copyright, or trade secret.