Epson BrightLink EB-760Wi Warranty Statement - Page 3

D. Disputes, Binding Individual Arbitration, And Waiver Of Class Actions

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C. What This Warranty Does Not Cover 1. Any damage caused by misuse, abuse, improper installation, or neglect; disasters such as fire, flood, or lightning; or improper electrical currents, software, or interaction with non-Epson products. 2. Any damage caused by or any service for third-party software, applications, parts, components, or peripheral devices added to the product after its shipment from Epson, such as dealer- or user-added boards, components, or cables. 3. Any damage caused by installing the product next to a heat source or directly in the path of an air vent or an air conditioner. 4. Damage due to excessive, continual usage. 5. Damage caused by failure to properly maintain the product (see your User's Guide for details). 6. Service when the product is used outside the United States, Canada, or Puerto Rico. 7. Service if the product label, logo, rating label, or serial number has been removed. 8. Consumables such as filters or any items that are identified as being replaceable by the user in the product documentation (see your User's Guide for details). 9. Loss of data. 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 packing and shipping when returning a product for repair or replacement. You will be invoiced for such shipping damage to the product. If a claimed defect cannot be identified or reproduced in service, you will be held responsible for costs incurred. 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. This warranty is not transferable. 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 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 3

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C. What This Warranty Does Not Cover
1.
Any damage caused by misuse, abuse, improper installation, or neglect; disasters such as fire, flood, or
lightning; or improper electrical currents, software, or interaction with non-Epson products.
2.
Any damage caused by or any service for third-party software, applications, parts, components, or
peripheral devices added to the product after its shipment from Epson, such as dealer- or user-added
boards, components, or cables.
3.
Any damage caused by installing the product next to a heat source or directly in the path of an air
vent or an air conditioner.
4.
Damage due to excessive, continual usage.
5.
Damage caused by failure to properly maintain the product (see your
User’s Guide
for details).
6.
Service when the product is used outside the United States, Canada, or Puerto Rico.
7.
Service if the product label, logo, rating label, or serial number has been removed.
8.
Consumables such as filters or any items that are identified as being replaceable by the user in the
product documentation (see your
User’s Guide
for details).
9.
Loss of data.
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 packing and shipping when
returning a product for repair or replacement. You will be invoiced for such shipping damage to the
product.
If a claimed defect cannot be identified or reproduced in service, you will be held responsible for costs
incurred. 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. This warranty is not transferable.
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 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