Epson LS500B Quick Setup and Warranty for U.S. and Canada - Page 4

EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY, Disputes, Arbitration, Governing Laws

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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 A RE 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 contacting us at [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. 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 ConnectionSM, 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. Android TV is a trademark of Google LLC. Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries. 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. CPD-57956R1

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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 A RE 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 contacting
us at [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.
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.
Android TV is a trademark of Google LLC.
Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.
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.
© 2020 Epson America, Inc., 7/20
Printed in XXXXXX
CPD-57956R1
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.