EPSON ID TERMS OF USE (INCLUDING AN AGREEMENT TO BINDING ARBITRATION FOR BUSINESS CUSTOMERS)
1. INTRODUCTION AND OVERVIEW
A. These Terms of Use (“Terms”) govern your (“Your” or “You”) access to and use of the Epson ID service, including any data accompanying or generated thereof, all related Materials, features and functionalities thereof, the associated website portal, Other Epson Services and all products, services websites, applications, and content associated thereof (“Epson ID”), and constitutes a binding legal agreement between You and Epson. Please review the Epson ID Privacy Policy located here to understand how Epson collects, processes, uses, stores and discloses certain information relative to the service, which may include your personal information.
B. Epson ID is owned and operated by Epson Canada Limited ("Epson"). All of the contents, including text, images, product descriptions, illustrations, design, software files and audio and video materials ("Materials"), used in connection with Epson ID are provided by Epson subject to Your compliance with the terms and conditions set forth below. If You do not agree to these Terms, You should not use Epson ID or use and/or download Materials from Epson ID.
C. Notice Regarding Dispute Resolution FOR BUSINESS CUSTOMERS: These Terms contain provisions that govern how claims You and we may have against each other are resolved (see Section 8 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require You to submit claims You have against us to binding arbitration.
D. YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING AND REGISTERING AN EPSON ID ACCOUNT, ACCESSING OR USING EPSON ID, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH EPSON ID, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE EPSON ID. If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such company or other legal entity to these Terms and, in such event, “You” and “Your” will refer and apply to that company or other legal entity.
2. ACCOUNT
A. You must have internet access to sign up and create an Epson ID account online and register (“Account”). Your Account is the primary account you will use to manage, access and use the Epson accounts, services, products and programs You have created, registered, enrolled in or purchased, as applicable, which may include the following (collectively, the “Other Epson Services”):
Epson Account
Epson E-Store
Epson Product Registration
Epson Product Service Plans
Your Account lets You sign into these Other Epson Services. Access to and use of the Other Epson Services is subject to Your prior acceptance of the specific terms and conditions of each Other Epson Service, which are in addition to these Terms. In the event of a conflict between these Terms and the Other Epson Service specific terms and conditions, the Other Epson Service specific terms and conditions shall govern.
B. You agree not to use any false, inaccurate or misleading information when signing up for Your Account. In some cases, a third party, such as your Epson dealer, may have assigned an Account to You or created an Account on Your behalf. If You received Your Account from a third party, the third party may have additional rights over Your Account, like the ability to access or delete Your Account. Please review any additional terms the third party provided You, as Epson has no responsibility regarding these additional terms. If You create an Account on behalf of an entity, such as Your business or employer, You represent that You have the legal authority to bind that entity to these Terms. You cannot transfer Your Account credentials to another user or entity. To protect Your Account, keep Your Account details and password confidential. You are responsible for all activity that occurs under Your Account. Epson shall not be held liable for any damages that may be incurred related to Your Account, including but not limited to false or incorrect Account information.
C. Work Accounts. You can create and sign into Your Epson ID with a work email address. If You do, You agree that the owner of the domain associated with Your email address may be notified of the existence of Your Account, control and administer Your account, and, where necessary, access and process Your data, including the contents of Your communications and files, and that Epson may notify the owner of the domain if the Account is compromised. You further agree that Your use of Epson ID may be subject to the agreements Epson has with You or Your organization (such as an authorized reseller agreement) and these Terms may not apply to the extent there is inconsistency or conflict between those agreements and these Terms.
D. Service Notifications; Support. We may send You notifications if there is something we need to tell You about the Epson ID service. Certain Other Epson Services may offer separate or additional customer support as set forth in the applicable terms of the specific Other Epson Service.
3. USE OF THE SERVICE
A. License of Use. Epson ID and associated sites and content are owned by Epson and protected by copyright, trademarks, database and other intellectual property rights. Epson grants You a limited, non-exclusive, non-transferable right and license to access and use the Epson ID service for Your Epson products so long as You have an active Account. Epson ID and its Materials are owned by Epson and are copyrighted. You may not distribute, modify, adopt, adapt, reproduce or use any Materials, in whole or in part, in any manner except as expressly permitted by these Terms. Except for the foregoing, no right, title or interest shall be transferred to You. You may use Epson ID only within the country in which you have established your Account and only in geographic locations where Epson offers Epson ID.
In the event You download software from the Epson ID service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to You by Epson. Use of the Software is subject to the license terms in the Software license agreement that accompanies the Software. Epson does not transfer title to the Software to You. Epson retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
B. Use in Compliance with Laws. You agree to ensure that use of the Epson ID and Your Account, including all features and functionalities associated therewith, will at all times be in accordance with all applicable laws, rules and regulations, including without limitation any applicable export laws, rules and regulations that may be applicable to You. By accessing and using the Service, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country on any applicable export prohibition list.
C. Prohibited Use and Acts. Except as expressly authorized in these Terms, You agree not to archive, download, reproduce, distribute, modify, adopt, adapt, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Epson ID service. You also agree not to: (i) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Epson ID service; (ii) use any robot, spider, scraper or other automated means to access the Epson ID service; (iii) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Epson ID service; (iv) insert any code or product or manipulate the content of the Epson ID service in any way; (v) use any data mining, data gathering or extraction method in connection with the Epson ID service or (vi) harvest or otherwise collect or store any information (including personal information) about other users of Epson ID, including e-mail addresses, without the express consent of such users. In addition, You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Epson ID service, including any software viruses or any other computer code, files or programs. Epson may terminate or restrict Your use of the Epson ID service if You violate these Terms or are engaged in illegal or fraudulent use of the Epson ID service.
D. Account Responsibility and Control. You have access and control over Your Account and You are responsible for any activity that occurs through Your Account. You are solely responsible for ensuring that Your information and Your Data (including that of Your customers, if applicable), such as account numbers, passwords, security questions and answers, login details and any other security or access information used by You to access Epson ID are kept safe and confidential. You must prevent unauthorized access to and use of any such data used with or stored in or by Epson ID. You are responsible for electronic communications sent to Epson or to any third party containing such information and for all uses of the Epson ID service in association with such information, whether or not authorized by You. Epson has the right to rely on user names, password and other signor credentials, access controls for the Epson ID service or any software provided or approved by Epson to authenticate access to, and use of, the Epson ID service. You are responsible for updating and maintaining Your Account Information. Epson can terminate Your Account or place your Account on hold in order to protect you, Epson, or its partners from identity theft or other fraudulent or prohibited activity.
You are responsible for determining that the Epson ID service and its related security is appropriate for Your intended use and meets all of Your requirements and legal obligations. You agree to only upload or allow to be uploaded data or information that You have affirmative consent to: (i) share with Epson for its use in accordance with these Terms and Epson ID’s Privacy Policy; and (ii) as applicable, handle according to Your instructions. You will remain fully responsible for Your collection and use of any data or information that is subject to Your own privacy policy. If You are providing services to a third party using the Epson ID service and even if You have obtained affirmative consent from such third party, You agree that Your use of such third party’s information is obtained in connection with the provision of Your services via the Epson ID service or otherwise may be subject to applicable laws, rules and regulations and You are solely responsible for knowing and strictly complying with the foregoing with respect to such third party’s information.
E. In the event You sell or otherwise transfer to a third party the Epson product(s) You registered for using Epson ID (“Product(s)"), You represent and warrant that You will dispose the Product(s) in accordance with the instructions set forth in the Product’s user’s guide, including but not limited to, in the case of a printer, the initialization of the printer. In no event shall Epson be responsible or liable for your failure to properly dispose a Product.
F. Third Party Companies and Products. Mention of third-party products, companies, and websites through the Epson ID service is for informational purposes only and constitutes neither an endorsement nor a recommendation. Epson makes no representations regarding the quality, safety or suitability of any products by third party companies. All third-party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between You and the vendor. Links to third party web sites are provided solely as a convenience to You. Epson has no control over the contents of any third-party web site and makes no representation whatsoever regarding the content of any third party web site. When You use or click on these links, You will leave the Epson ID service. Epson does not endorse or have any responsibility for the content, information, products on the site or for materials and information contained in any third party website. Epson assumes no responsibility for third-party sites and/or services and encourages You to carefully review the terms and conditions and privacy policies of any third-party site and/or service You access, use or purchase.
G. Epson Changes to Epson ID. Epson reserves the right to change Epson ID, in part or in whole, at any time. Epson will provide current registrants with reasonable notice of any change to Epson ID.
H. Epson ID may allow you to submit or post materials such as comments, ratings and reviews (“User Content”). Your use of such features must comply with the guidelines below, which may be updated from time to time. You are solely responsible for Your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, suggestions or other ideas that You submit to Epson or post or publish using Epson ID are non-confidential and non-proprietary. You hereby grant Epson a worldwide, royalty-free, perpetual, nonexclusive license to use the User Content submitted using Epson ID (in whole or in part) without any compensation or notice to You for related marketing and internal purposes. You also waive Your moral rights in and to the User Content, and hereby grant each user of Epson ID a non-exclusive license to access such content. Epson does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Epson may monitor and decide to remove or edit any submitted material.
You may not use Epson ID to:
- post any materials that (i) You do not have permission, right or license to use, (ii) infringe on the rights of any third party or (iii) violate any applicable law, rule or regulation;
- post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;
- post personal, private or confidential information belonging to others;
- impersonate or misrepresent Your affiliation with another person, or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
- post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;
- post a fake rating or review; and
- plan or engage in any illegal, fraudulent, or manipulative activity.
4. Termination, Cancellation and suspension
A. Termination or Suspension of Service. Epson may, at its option, immediately suspend or terminate Your use of Epson ID and/or Your Account, in part or in whole, if: (i) you are in breach of these Terms (or any other agreement you may have with Epson) and, to the extent curable, fail to cure such breach within the time specified in the notice Epson provides or within a reasonable period of time, as determined by Epson in its sole discretion; (ii) Epson determines that Your use of Epson ID poses a security risk; or (iii) Epson suspects fraud or abuse. Once Your Account is terminated, You will no longer have access to Your Account/Epson ID.
In addition to immediate suspension or termination of Your access to Epson ID and/or Your Account as provided above, Epson reserves the right to suspend or terminate for any reason Your Account or access to Epson ID, in part or in whole, by providing you with ninety (90) days’ notice of such suspension or termination. Once suspension or termination of Your Account is effective, You will no longer have access to Your Account.
B. Cancellation. You may cancel your Account or withdraw from Epson ID at any time. If Your Account was created on behalf of You by Your dealer, Your Account may also be deleted by the dealer who created Your Account. Once Your Account is cancelled, You will no longer have access to Your Account.
C. Effect of Termination, Cancellation or Suspension. Upon termination, cancellation or suspension of Epson ID and/or Your Account for any reason, You must immediately stop using Epson ID, Your Account the Materials and any related data associated therewith, and Your license to access and/or use Epson ID and/or Your Account shall end or be suspended, as applicable. Epson is not liable to You or any third party for termination of Your Account or access to Epson ID.
5. WarrantY DISCLAIMERS; Limitations on Liability
A. SOME JURISDICTIONS WHICH FOR CONSUMERS MAY INCLUDE THE PROVINCE OF QUÉBEC DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE BELOW LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
B. EPSON ID AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER EPSON SERVICES, FEATURES OR FUNCTIONALITIES ASSOCIATED WITH EPSON ID, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EPSON DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, MADE TO YOU OR ANY OTHER PERSON, INCLUDING ANY WARRANTIES OR CONDITIONS REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT EPSON ID WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT EPSON ID OR DATA ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR DO NOT INFRINGE THE RIGHTS OF ANY PERSON.
C. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPSON OR ITS AFFILIATES OR ANY OF EPSON’S OR ITS AFFILIATES RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS (THE “EPSON PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH (A) EPSON ID, (B) THESE TERMS OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, EPSON ID, YOUR ACCOUNT OR ANY CONTENT OR MATERIALS AVAILABLE ON OR THROUGH EPSON ID, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR EPSON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
D. THE MAXIMUM AGGREGATE LIABILITY OF THE EPSON PARTIES IN CONNECTION WITH OR UNDER THESE TERMS, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, EPSON ID, WILL BE LIMITED TO DIRECT DAMAGES UP TO A MAXIMUM AGGREGATE LIMIT OF $100 CAD.
6. INDEMNITY
A. Indemnity by You. You agree to defend, indemnify and hold harmless Epson, its affiliates, and its and their respective directors, officers, employees, agents, licensors from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable legal fees and costs) arising out of or in connection with any of the following: (i) Your breach or alleged breach of these Terms; (ii) Your submissions; (iii) Your use of Epson ID or Your use of Epson ID on behalf of a third party; (iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) Your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) any misrepresentation made by You; (vii) Your acts or omissions; or (viii) any third party’s access and/or use of Epson ID or Account with Your user names, password and any other sign on credentials/access controls related to the foregoing. Epson reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by You. You agree to cooperate with Epson’s defense of any claim. You will not in any event settle any claim without the prior written consent of Epson.
7. DATA RIGHTS; INTELLECTUAL PROPERTY
A. Epson Data. Except as provided in the next paragraph, Epson is the sole and exclusive owner of all data concerning Epson ID and related products and services, including without limitation the results of any use of Epson ID and any data provided to You resulting from and/or relating to Epson ID (“Epson Data”).
B. Your Data. Epson will not own or be responsible for Your data, which may consist of passwords, security questions and answers, login details and any data that is reasonably capable of being identified to a particular individual person (“Your Data”). If You are a dealer providing services on behalf of Your customer or third party, You will be the processor of the foregoing data as it relates to Your customers and the provision of Your services to Your customers that may utilize Epson ID, and Epson expects that You will maintain a privacy policy that communicates to Your customers Your practices with respect to the collection and processing of their personal information.
C. Intellectual Property. You agree that Epson ID, including but not limited to all Materials, content, graphics, user interface, audio clips, video clips, scripts and software used to implement Epson ID, contain proprietary information and material that is owned by Epson and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of Epson ID for personal, noncommercial uses in compliance with these Terms. The Epson name, the Epson logo and other Epson trademarks, service marks, graphics, and other logos used in connection with Epson ID are trademarks or registered trademarks of Epson in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
8. DISPUTES AND BINDING ARBITRATION FOR BUSINESS CUSTOMERS
A. Disputes. The terms of this Section 8 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 8(E), that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.
B. 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.
C. 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 Canada Limited., ATTN: Legal Department, 185 Renfrew Drive, Markham, Ontario L3R 6G3 (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.
D. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your province/territory or municipality if the action is within that court’s jurisdiction and is pending only in that court.
E. Arbitration Procedure. For the purposes of this section 8, “Party” shall mean either Epson or You and “Parties” shall mean Epson and You, collectively. Except where prohibited by applicable law, a Dispute (as defined above), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the Parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the Parties in writing, the Parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator.
The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat unless the Parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the Parties. A Party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.
All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each Party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts.
A Party to these Terms may take such steps as are permitted or required to enforce an award made by an arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any Party to the arbitration shall be disclosed to any non-party to the arbitration.
9. JURISDICTION AND TIME LIMIT TO ASSERT CLAIMS
a. Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products and providing support to customers in Canada. The Epson ID service is controlled and operated by Epson from its offices within the State of California, United States of America. Epson makes no representation that Epson ID is appropriate or available for use in other locations. Those who choose to use Epson ID from other locations do so on their own initiative and are responsible for compliance with local laws, including without limitation applicable export laws, rules and regulations. By using Epson ID you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any applicable export prohibition list.
B. GOVERNING LAW
BUSINESS CUSTOMERS: Except for Section 8 which is governed by ADR Institute of Canada, Inc.’s Arbitration Rules, in the event of a Dispute in which the provisions in Section 8 are inapplicable, or severed from the remainder of this Agreement, you and Epson both consent to the jurisdiction of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to Your access to or use of Epson ID, notwithstanding Your domicile, residency, or physical location. You hereby consent to the non-exclusive jurisdiction and venue of the courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Epson ID.
CONSUMERS: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), these Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to Your access to or use of Epson ID, notwithstanding Your domicile, residency, or physical location. You hereby consent to the non-exclusive jurisdiction and venue of the courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Epson ID. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights in any appropriate jurisdiction.
C. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.
10. Miscellaneous
A. Changes to Terms of Use. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH FOR CONSUMERS MAY INCLUDE THE PROVINCE OF QUÉBEC), Epson reserves the right at any time to modify these Terms and to add new or additional terms or conditions to Epson ID. Such modifications and additional terms and conditions will be effective upon 30 days’ notice to You by email and by posting such modifications and additional terms or conditions to the website. Any modifications and additional terms and conditions will be incorporated into this Agreement.
B. Survival. The provisions of these Terms, which by their natural implication are intended to survive termination, so shall survive.
C. Notices. Notices to Epson shall be provided to the attention of the Legal Department.
D. Third Party Beneficiaries; Assignment. Except for affiliates of Epson, no persons will be third party beneficiaries to these Terms. You may not assign or transfer any of Your rights and obligations under these Terms, in whole or in part, by operation of law or otherwise, without the prior written approval of Epson. You will enter into any documents required by Epson to effectuate an assignment or transfer by Epson of its rights and obligations under these Terms to any affiliated company or to any entity that acquires or otherwise succeeds to all or substantially all of our business or assets related to Epson IDs.
E. Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
F. Communication Preferences. Epson will send You information relating to your Account (e.g. changes in password, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
G. Complete Agreement; No Waiver. These Terms reflects our complete agreement regarding Epson ID and supersedes any prior agreements, representations, warranties, assurances or discussion related to Epson ID. These Terms shall in no way cancel, modify or alter any other agreement in place between the parties hereto regarding matters outside the scope of Epson ID. Except as expressly set forth in these Terms, as amended, (i) no failure or delay by You or Epson in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms, as amended, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
H. Feedback. You may submit comments, information, ideas, concepts, reviews, feedback, techniques or any other material contained in any communication You may send to Epson. By submitting any idea, You agree that: (i) Epson expressly disclaims any confidentiality obligations or use restrictions, express or implied, with respect to any submission; (ii) Your submission will be non-confidential; and (ii) Epson is free to use and disclose the idea on an unrestricted, worldwide basis in perpetuity without notifying or compensating You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Epson ID. You release Epson from all liability and obligations that may arise from Epson’s receipt, review, use or disclosure of any portion of any idea.
I. English Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigé en anglais.
11. Contact
If you have any questions or comments regarding these Terms, please contact us at EAILegal@ea.epson.com.
Last Updated: November 16, 2021