User's Manual

Table Of Contents

248

For Canadian Users

CAN ICES-3(B)/NMB-3(B)

Parent topic: Notices

Binding Arbitration and Class Waiver

1. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND

CLASS ARBITRATIONS

1.1 Disputes. The terms of this Section 1 shall apply to all Disputes between you and Epson. The term

"Dispute" is meant to have the broadest meaning permissible under law and includes any dispute, claim,

controversy or action between you and Epson arising out of or relating to this Agreement, Epson

branded products (hardware and including any related software), or other transaction involving you and

Epson, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation,

ordinance, or any other legal or equitable basis. "DISPUTE" DOES NOT INCLUDE IP CLAIMS, or more

specifically, a claim or cause of action for (a) trademark infringement or dilution, (b) patent infringement,

also agree, notwithstanding Section 1.6,that a court, not an arbitrator, may decide if a claim or cause of

action is for an IP Claim.

1.2 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 GROUNDS FOR APPEAL ARE LIMITED.

Pursuant to this Agreement, binding arbitration shall be administered by JAMS, a nationally recognized

arbitration authority, pursuant to its code of procedures then in effect for consumer related disputes, but

excluding any rules that permit joinder or class actions in arbitration (for more detail on procedure, see

Section 1.6 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 1, (b) this Agreement

memorializes a transaction in interstate commerce, and (c) this Section 1 shall survive termination of this

Agreement.

1.3 Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you and Epson agree to

try, for sixty (60) days, to resolve any Dispute informally. If Epson and you do not reach an agreement to

resolve the Dispute within the sixty (60) days), you or Epson may commence an arbitration. Notice to

Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way,

Long Beach, CA 90806 (the "Epson Address"). The Dispute Notice to you will be sent to the most recent

address Epson has in its records for you. For this reason, it is important to notify us if your address

changes by emailing us at EAILegal@ea.epson.com or writing us at the Epson Address above. Notice of

the Dispute shall include the sender's name, address and contact information, the facts giving rise to the

Dispute, and the relief requested (the "Dispute Notice"). Following receipt of the Dispute Notice, Epson

and you agree to act in good faith to resolve the Dispute before commencing arbitration.