265
reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as
agreed upon by you and Epson in writing, the arbitrator shall determine the amount of fees, costs, and
expenses to be paid by Epson pursuant to this Section 1.6d).
e) Attorney's Fees. Epson will not seek its attorney's fees and expenses for any arbitration commenced
involving a Dispute under this Agreement. Your right to attorney's fees and expenses under Section
1.6d) above does not limit your rights to attorney's fees and expenses under applicable law;
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:
Trademarks
EPSON
®
, PowerLite
®
and Quick Corner
®
are registered trademarks, EPSON Exceed Your Vision is a
registered logomark, and Epson iProjection is a trademark of Seiko Epson Corporation.
PrivateLine
®
is a registered trademark and SizeWise
TM
is a trademark of Epson America, Inc.
Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.
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