Epson WF-2830 Guide Rapide page 6

AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL
RETAIL PURCHASE PRICE OF THE PRODUCT.
6. Disputes, Arbitration, Governing Laws:
A. Any controversy or claim arising out of or relating to Epson products or services or this agreement,
shall be resolved by arbitration, rather than in court, in Los Angeles County, California. If you or
Epson commences arbitration, 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, available at http://www.jamsadr.com or by calling (800) 352-5267, and under the rules set forth
in this agreement. 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. The arbitrator is bound by the
terms of this agreement.
B. 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 customer.inquires@ea.epson.com.
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.
C. 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 6. 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.
D. Judgment on the arbitration award may be entered in any court having jurisdiction. 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.
E. 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.
F. Any action must be brought within three (3) months of the expiration of the warranty.
G. You and Epson each agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both
agree that you or Epson may bring suit in court to enjoin infringement or other misuse of
intellectual property rights.
H. If any provision in this Section 6 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, consolidated or representative actions in Section 6G above. This means that if
Section 6G is found to be unenforceable, then all of Section 6, except for this paragraph H, shall be null
and void.
7. Other Provisions:
A. 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.
B. Warranties in Canada: In Canada, warranties include both warranties and conditions.
C. Except for Section 6, which is governed by the Federal Arbitration Act, in the event of a dispute in
which the provisions of Section 6 are inapplicable, severed from the remainder of this agreement, or
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Notices