ReadyPrint Terms and Conditions

These Epson ReadyPrint Lease Program (“ReadyPrint”) Terms & Conditions (“Terms”) describe your (“you” or “your”) relationship with Epson America, Inc. (“we,” “us,” “our,” or “Epson”). By signing up and creating a ReadyPrint account, you agree to these Terms. These Terms are made a part of your ReadyPrint lease agreement with us (“Agreement”). We strongly recommend that you carefully read all of the terms of the Agreement.

SECTION 10 OF THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION THAT LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR CERTAIN DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 10.7 FOR THOSE WHO WISH TO BE EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.

1. ReadyPrint Lease

1.1 The term of your Agreement begins when you electronically sign the lease and ends on the date set forth in the Agreement (“Lease Term”), during which you agree to keep and pay your monthly payments.

During the Lease Term, (i) you are required to maintain and take care of the Printer and not abuse it; (ii) keep the printer and go on a month to month basis for up to 24 additional months, or until either of us cancel; and (iii) you must have an internet connection and keep the Printer connected to the internet for functionality and to ensure prompt ink replenishment during the Lease Term. “Printer” means any Epson printer device or any other product or accessory we lease to you in connection with ReadyPrint.

At the end of the Lease Term, you can either (i) return the Printer to us, together with any unopened ink bottles; (ii) extend your Lease Term on a month-to-month basis on the same terms and conditions of the Agreement; or (iii) exchange the Printer for a new Printer and enter into a new Agreement with Epson for the new Printer (current options available at readyprint.epson.com).

REMEMBER – YOU DO NOT HAVE AN OPTION TO PURCHASE THE PRINTER FROM US AT THE END OF THE LEASE TERM. WE OWN THE PRINTER AND YOU ARE NOT BUYING IT.

1.2 The Printer must be returned in good working condition. You are responsible for deleting any stored data in the Printer. You are responsible for sending the Printer back to us. We will provide you with a box and a pre-paid return label. See readyprint.epson.com/returns for more details.

If you do not return the Printer to us in good working condition, you may be charged for unreasonable wear and tear, including (i) use beyond the stated duty cycle of the Printer; (ii) your resale of ink or any components of the Printer for any reason; or (iii) failure or damage caused by misuse or mistreatment of the Printer.

1.3 Epson does not offer insurance on the Printer. You may want to get property insurance to cover the Printer. Your decision to obtain insurance and your Insurance provider are not factored in our decision to lease the Printer to you. Call us immediately if your Printer is lost or stolen. A lost or stolen Printer does not affect your Lease Term, and you will still be responsible for an Early Termination Fee if you terminate early. You will still be responsible for any billing obligations, as well as any monthly recurring charges after you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).

1.4 If you want to change your ReadyPrint plan, visit your account at readyprint.epson.com and you can change your plan immediately. Changes may be conditioned on payment of additional or other charges, or require a new Agreement. Changes to your plan may not be effective until the start of the next full invoicing cycle.

2. Cancellation; Early Termination Charge

2.1 You may cancel the Agreement before the end of the Lease Term if you (i) provide us with at least thirty (30) days’ notice prior to cancellation; (ii) return the Printer to us in good condition and working order; and (iii) pay any amounts then due under the Agreement.

2.2 You will be charged a fee (“Early Termination Charge”) if you cancel before the end of the Lease Term or if we terminate early for your default. Any Early Termination Charge will be equal to the lesser of (i) the total amount of the remaining payments due during during the Lease or (ii) as applicable, $200 for the Home Plan, $200 for the Office Plan, $300 for the Business Plan, or $400 for the Business Wide Plan.

3. Default

3.1 You are in default if you (i) do not make payment when due; (ii) do not keep the Printer connected to the internet during the Lease Term; (iii) fail to return the Printer to us; or (iv) breach any provision of the Agreement.

If you default, we may do one of the following:

immediately disable the Printer using electronic means, including access to your stored data, as permitted by law. You understand that the Printer may include, and we may utilize, a software application or other technological solutions to electronically disable the Printer and locate it as permitted by law;
give you any legally required default notice and right to cure the default. If you do not cure the default, the Printer will stay disabled;
terminate the Agreement and all your rights to use the Printer;
require you to immediately return the Printer to us;
charge you the Early Termination Charge;
pursue any other remedy allowed by law; or
require you to pay our expenses for taking any of these actions, including for disabling the Printer, collections, legal costs and reasonable attorneys' fees.

3.2 You agree that if you default and you have provided us with credit or debit card information at any time during the Lease Term or the month- to-month lease period, you authorize us to charge the card for any amounts owed as described in the remedies discussion above.

4. Your Account

4.1 You must provide a current address where you can receive the Printer. We cannot ship to a PO Box. You are required to provide an updated address in the event that you move during the Lease Term. You can update your address at any time through your account at readyprint.epson.com>.

4.2 Your passwords and other account credentials are specific to you and are yours to protect. Anyone who has access to this information, has access to your account. You may be required to set a backup security question and answer in the event you forget your password. We may treat anyone who presents your credentials as you or as an authorized user. We may disclose your account information or make changes in your plan based on a request by someone with your account credentials. You agree that we may contact you for plan-related reasons through the contact information that you provide. You are responsible for any changes to your account or plan made by you or a person you authorize.

5. Billing

5.1 We will send you a billing statement each month available through your account. Your billing statement will also be available through your account. You must pay the full amount of your bill on the due date. If we do not receive payment in full by the due date, you may be in default. You authorize us to charge your credit card or debit card on the due date of each of your monthly payment for all amounts you owe us. If you provide us with credit or debit card information and you later receive a new card on the same account, you also authorize us to use to use the new card or new card Information.

5.2 You agree to dispute charges on your bill within 60 days, by contacting us as described at readyprint.epson.com/contact-us. Please remember to pay all undisputed charges on or before your bill’s due date.

5.3 You expressly authorize, and specifically consent to allowing, Epson and any of Epson’s agents to contact you in connection with any and all matters relating to unpaid past due charges you owe Epson. You agree that, for attempts to collect unpaid past due charges, Epson and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to Epson.

5.4 Price and Plan Changes. We reserve the right to adjust, increase, decrease, or otherwise change the ReadyPrint Plan Fee (e.g., add new fees), or change or add Plans at any time and at our sole discretion (collectively, the “Price Change”). If we make any Price Change, depending on the nature of the changes, we will provide notice of such Price Change (including of any applicable notice period or effective date for the Price Change) either on our website, in your Lease Account, or by email to the address listed in Your Lease Account (the “Price Change Notice”). Any Price Change will become effective no earlier than the beginning of Your next monthly billing period commencing 30 days after Epson’s communication of the Price Change. If You do not agree to a Price Change, your only recourse is to cancel your Lease by following the directions in Section 2.

Cancellation; Early Termination, and stop using the Printer. Your continued use of the Printer following Epson’s Price Change Notice pursuant to the terms of this section or any applicable notice period indicates your agreement to the Price Change.

6. Taxes

6.1 The total amount you will pay for taxes during the Lease Term, whether included with your monthly payments or assessed otherwise, is set forth in your Agreement. Actual taxes may change during the Lease Term. You agree to pay all federal, state, and local taxes, fees, and other assessments that we collect and remit to the government. These charges may change from time to time without advance notice.

6.2 Some states require us to collect the total tax amount due when you sign your Agreement. If that applies to you, we will pay the sales tax for you upfront and then include the sales tax as a part of your monthly payment. You are responsible for all applicable taxes related to early termination or change fees.

7. Software License

7.1 Epson grants you a non-exclusive and non-transferable license or sublicense to use ReadyPrint software, in accordance with the applicable software licensing terms. No rights are granted to source code. You cannot use any ReadyPrint software on behalf of third parties or for time share or service bureau activities and cannot reverse engineer, decompile, modify, or enhance any ReadyPrint software. Epson may block or terminate your use of any ReadyPrint software if you fail to comply with applicable licensing terms. Epson may revoke this license at any time.

8. Limited Warranty

8.1 The Printer is covered by an express limited warranty from us during the Lease Term and any month-to-month term.

EXCEPT AS SPECIFICALLY PROVIDED IN THE LIMITED WARRANTY TO THE PRINTER, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE PRINTER. EPSON DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF. READYPRINT AND ITS MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. EPSON DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF READYPRINT AND ITS MATERIALS OR SERVICES. EPSON ALSO DOES NOT WARRANT THAT ANY FUNCTIONS OF READYPRINT AND ITS MATERIALS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT READYPRINT, ITS MATERIALS OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL EPSON OR ITS AFFILIATES ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, READYPRINT OR ITS MATERIALS OR SERVICES, EVEN IF EPSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF READYPRINT AND ITS MATERIALS AND SERVICES IS AT YOUR RISK. NEITHER EPSON NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OR YOUR ACCESS TO, OR USE OF, READYPRINT AND ITS MATERIALS AND SERVICES. IN NO EVENT SHALL EPSON 'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE), INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EXCEED THE AMOUNT PAID BY YOU UNDER AN AGREEMENT FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE SUBJECT CLAIM.

9. Indemnification

9.1 You agree to indemnify, defend, and hold Epson harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of ReadyPrint and any information you submit, post, transmit, or make available via ReadyPrint; failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.

10. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

10.1 Disputes. The terms of this Section 10 shall apply to all Disputes between you and Epson. The term “Dispute” is meant to have the broadest meaning permissible under law or in equity and includes any dispute, claim, controversy or action between you and Epson arising out of or relating to this Agreement (including its formation, performance, or breach), these Terms, ReadyPrint, the Printer, the software, the parties’ relationship with each other and/or any other transaction involving you and Epson, whether in contract, or with respect to warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. However, a “Dispute” does not include a claim or cause of action for (i) trademark infringement or dilution, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trade secret misappropriation (an “IP Claim”). You and Epson also agree, notwithstanding Section 10.6, that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.

10.2 Initial Dispute Resolution. Before submitting a claim for arbitration in accordance with this Section 10.2, 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 in accordance with Section 10.3. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los Alamitos, CA 90720. Any 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. Any notice sent 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 address above. You and Epson agree to act in good faith to resolve the Dispute before commencing arbitration in accordance with this Section 10.2.

10.3 Binding Arbitration. If we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section 10.2 above, then either party may initiate 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 RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to this Agreement, binding arbitration shall be administered by JAMS, a nationally recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration Rules and Procedures or its applicable code of procedures then in effect for consumer related disputes, but excluding any rules that permit class arbitration (for more detail on procedure, see Section 10.6 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 10, (b) this Agreement memorializes a transaction in interstate commerce, and (c) this Section 10 shall survive termination of this Agreement.

10.4 Exception - Small Claims Court. Notwithstanding the parties’ agreement to resolve disputes through arbitration, you or we may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

10.5 WAIVER OF CLASS ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR CLASS ARBITRATION. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 10.3 SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

10.6 Arbitration Procedure. If you or Epson commences arbitration, the arbitration shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or the applicable rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator, which shall be selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for an IP Claim, which is excluded from the definition of “Disputes” in Section 10.1 above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. In some instances, the costs of arbitration can exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone or, if you and we both agree, to conduct it online, in lieu of appearing live. Arbitration hearings not conducted by telephone or online shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.

a) Initiation of Arbitration Proceeding. If either you or Epson decides to arbitrate a Dispute, both parties agree to the following procedure:

(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).

(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.

(iii) Send one copy of the Demand for Arbitration to the other party (at the same address as the notice of a dispute, above in Section 10.2), or as otherwise agreed by the parties.

b) Hearing Format. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Epson is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

10.7 30 Day Opt-out Right. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class proceedings set forth in this Section 10 of this Agreement by sending a written letter to the Epson address listed above in Section 10.2 within thirty (30) days of your assent to this Agreement 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 proceedings specified in this Section 10. In the event that you opt-out consistent with the procedure set forth above, all other terms set forth in the Agreement, including this Section 10, shall continue to apply, including the requirement to provide notice prior to litigation. If you opt-out of these arbitration provisions, Epson will also not be bound by them.

10.8 Amendments to Section 10. 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 10 (or resolve disputes as provided for in Section 10.2, if you timely elected to opt-out when you first assented to this Agreement).

10.9 Severability. If any provision in this Section 10 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 actions as provided in Section 10.5. This means that if Section 10.5 is found to be unenforceable, the entire Section 10 (but only Section 10) shall be null and void.

11. General

11.1 This Agreement is governed by the law of your state of residence when you entered into the Agreement, without regard to the conflicts of law rules of that state. This Agreement constitutes the entire agreement between you and Epson and may not be contradicted by evidence of any prior or contemporaneous oral agreement between you and Epson. The failure by you or us to exercise any right under this Agreement is not a waiver of your or our right to exercise that right or any other right in the future. Any invalid or unenforceable provision in this Agreement will not make any other provision invalid or unenforceable; the rest of this Agreement remains in full force and effect. This Agreement is Intended to benefit and be binding on your and our heirs, administrators, permitted successors and assigns. You cannot assign or sublease this Agreement or any interest in it without our prior written consent. We may sell, assign or transfer this Agreement, any of our obligations or rights and any amounts you owe us, without notice. Any sale or assignment by us will not be considered a material change to your duties, or risks under this Agreement. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements. The rights, obligations, and commitments in the Agreement that, by their nature, would logically continue beyond the termination of the Agreement (for example, those relating to billing, payment, dispute resolution, no class action, no jury trial) shall survive termination of the Agreement

11.2 You must provide any notices to us by calling or writing us as described at readyprint.epson.com/contact-us. We will provide notices to you in any of these ways: (i) on your bill statement; (ii) by sending information to your address or email address in our records; or (iii) by posting a message to your Online account.

11.3 For information about our privacy and data collection practices, please review our privacy policy at epson.com/privacy-policy.

11.4s Epson may from time to time revise these Terms by updating this posting. Please visit this page periodically to review the current Terms because they are binding on you. Your continued use of ReadyPrint will mean you accept any changes.