User's Manual

134
notwithstanding the foregoing, the arbitrator may not award duplicative awards of attorney's fees and
expenses.
1.7 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 the Epson Address within thirty (30) days of your assent
to this Agreement (including without limitation the purchase, download, installation of the
Software or other applicable use of Epson Hardware, products and 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 1. 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.
1.8 Amendments to Section 1. Notwithstanding any provision in this Agreement to the contrary, you
and Epson agree that if Epson makes any future amendments to the dispute resolution procedure and
class action waiver provisions (other than a change to Epson's address) in this Agreement, Epson will
obtain your affirmative assent to the applicable amendment. If you do not affirmatively assent to the
applicable amendment, you are agreeing that you will arbitrate any Dispute between the parties in
accordance with the language of this Section 1 (or resolve disputes as provided for in Section 1.7, if you
timely elected to opt-out when you first assented to this Agreement).
1.9 Severability. If any provision in this Section 1 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 as provided in Section 1.5. This
means that if Section 1.5 is found to be unenforceable, the entire Section 1 (but only Section 1)
shall be null and void.
Parent topic: Notices
Trademarks
EPSON
®
, Instant Off
®
, and Quick Corner
®
are registered trademarks, Epson iProjection
TM
is a trademark,
and EPSON Exceed Your Vision is a registered logomark of Seiko Epson Corporation.
PrivateLine
®
is a registered trademark, SizeWise
TM
is a trademark, and Epson Store
SM
and Extra Care
SM
are service marks of Epson America, Inc.
Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.
Mac and OS X are trademarks of Apple Inc., registered in the U.S. and other countries.
Google
®
is a registered trademark, and Android
TM
and YouTube
TM
are trademarks of Google LLC.
Netflix is a registered trademark of Netflix, Inc.