4
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 contacti
ng us at customer[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, 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.
7. Any action must be brought within one (1) year of the expiration of the warranty.
8. If any provision in this Section F 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 or representative actions. This means that if Section 9 (below) is found to be
unenforceable, the entire Section 9 (but only Section 9) shall be null and void.
9. We each agree that any dispute resolution proceedings will be conducted only on an individual basis
and not in a class, consolidated or representative action.
10. This Section F is governed by the Federal Arbitration Act.
G. Other Provisions:
1. 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.
2. Warranties in Canada: In Canada, warranties include both warranties and conditions.
3. Governing Law: Except for any claims subject to arbitration pursuant to Section F, you and Epson agree
that the law of the state where you reside shall govern.
4. Venue: Except for claims subject to arbitration pursuant to Section F, in the event of a dispute you and
Epson both consent to the jurisdiction of your state of residence or, if none, then of the courts in Los
Angeles County, California.