Epson BrightLink EB-770Fi Warranty Statement - Page 4

Right To A Judge Or Jury In A Court Proceeding And Your Right

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emailing us at [email protected] 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 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 court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 6. Arbitration Procedure: If you or Epson commences arbitration, the arbitration shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or the applicable rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the "JAMS Rules"), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator, which shall be selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures, 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. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for an IP Claim, which is excluded from the definition of "Disputes" in Section D(1) above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. In some instances, the costs of arbitration can exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone or, if you and we both agree, to conduct it online, in lieu of appearing live. Arbitration hearings not conducted by telephone or online shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option. a. Initiation of Arbitration Proceeding: If either you or Epson decides to arbitrate a Dispute, both parties agree to the following procedure: i. Write a Demand for Arbitration: The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com ("Demand for Arbitration"). ii. Send three (3) copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS, 5 Park Plaza, Suite 400, Irvine, CA 92614, U.S.A. 4

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emailing us at [email protected] 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 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 court or arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class
basis, then the arbitration provision set forth herein shall be deemed null and void in its entirety
and the parties shall be deemed to have not agreed to arbitrate disputes.
6.
Arbitration Procedure:
If you or Epson commences arbitration, the arbitration shall be governed by
the JAMS Streamlined Arbitration Rules and Procedures or the applicable rules of JAMS that are in
effect when the arbitration is filed, excluding any rules that permit arbitration on a class-wide basis
(the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under
the rules set forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator, which
shall be selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures, 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. The arbitrator, and not any federal, state, or local
court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of this Agreement, including any claim that
all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of
authority to the arbitrator, a court may determine the limited question of whether a claim or cause of
action is for an IP Claim, which is excluded from the definition of “Disputes” in Section D(1) above.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or
in equity. In some instances, the costs of arbitration can exceed the costs of litigation, and the right to
discovery may be more limited in arbitration than in court. Each party will have the right to use legal
counsel in connection with arbitration at its own expense. The arbitrator’s award is binding and may
be entered as a judgment in any court of competent jurisdiction. You may choose to engage in
arbitration hearings by telephone or, if you and we both agree, to conduct it online, in lieu of
appearing live. Arbitration hearings not conducted by telephone or online shall take place in a location
reasonably accessible from your primary residence, or in Orange County, California, at your option.
a.
Initiation of Arbitration Proceeding:
If either you or Epson decides to arbitrate a Dispute,
both parties agree to the following procedure:
i.
Write a Demand for Arbitration: The demand must include a description of the Dispute
and the amount of damages sought to be recovered. You can find a copy of a Demand for
Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
ii.
Send three (3) copies of the Demand for Arbitration, plus the appropriate filing fee, to:
JAMS, 5 Park Plaza, Suite 400, Irvine, CA 92614, U.S.A.