Epson SpectroProofer Setup And Maintenance page 32

32 | Notices
G. 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.
H. 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
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.
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 H. 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.
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