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SL-D1000 Series User's Guide
Appendix
193
20. Downloadable Updates. You may also be able to download from an Epson Internet site updates or upgrades to
the Software if such updates or upgrades are made available. If you agree to install the Software, any transmissions
to or from the Internet, and data collection and use, will be in accordance with Epson’s then-current Privacy Policy,
and by installing the Software you agree that such then-current Privacy Policy shall govern such activities.
21. Epson Accounts and Promotional Messages. In addition, if you install the Software and register your Epson
Hardware with Epson, and/or you create an account at the Epson Store, and provided your consent to such use, you
agree that Epson may merge the data collected in connection with installation of the Software, registration of your
Epson Hardware and/or creation of your Epson Store account, consisting of personal information and
non-personally identifiable information, and use such merged data to send you Epson promotional or service
information. If you do not wish to send information about your Epson Hardware or receive promotional or service
information, you will be able to disable these features on a Windows system through the Monitoring Preferences
section in the driver. On a Mac operating system, you can disable these features by uninstalling the Epson Customer
Research Participation and Low Ink Reminder software.
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS
ARBITRATIONS
22.1 Disputes. The terms of this Section 22 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, the Software, Epson Hardware, 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, (c) copyright infringement or misuse, or (d) trade secret misappropriation (an “IP Claim”). You and
Epson also agree, notwithstanding Section 22.6, that a court, not an arbitrator, may decide if a claim or cause of
action is for an IP Claim.
22.2 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 22.6 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
22, (b) this Agreement memorializes a transaction in interstate commerce, and (c) this Section 22 shall survive
termination of this Agreement.
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