Epson Moverio BT-35E Warranty and Accessory list - Page 2

D. Exclusion Of Damages; Epson's Maximum Liability - price

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D. 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. E. 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. F. 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. Moverio is a registered trademark of Seiko Epson Corporation. Epson Connection is a service mark of Epson America, Inc. 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. © 2018 Epson America, Inc. 5/18 Printed in XXXXXX CPD-55905

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D. 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.
E.
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.
F.
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 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.
Moverio is a registered trademark of Seiko Epson Corporation.
Epson Connection is a service mark of Epson America, Inc.
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.
© 2018 Epson America, Inc.
5/18
Printed in XXXXXX
CPD-55905