Choice of Law and Jurisdiction
The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), applies to the agreement to arbitrate to the maximum extent allowable. Except as
preempted by FAA, the laws of the State of California, without reference to its choice of law principles, will govern this Limited Warranty. With
the exception of Disputes (as defined below) in small claims court or in arbitration, the parties consent to exclusive jurisdiction and venue in the
state or federal courts located in Santa Clara County, California, for any claims arising out of a Dispute relating to this Limited Warranty.
DISPUTE RESOLUTION AND ARBITRATION:
Please read this section carefully because it requires You to submit to binding arbitration (and jury trial waiver) of any and all Disputes (other
than specified intellectual property claims and small claims) with EP and limits the manner in which You can seek relief from EP. No class or
representative actions or arbitrations are allowed under this agreement.
Some jurisdictions may limit or prohibit arbitration agreements or class action waivers. If You are a resident of such a jurisdiction, the
arbitration agreement and class action waivers below are not applicable to You. Instead, the provisions requiring that Disputes be heard in
small claims court will apply to any claims that You may have against EP. If Your Dispute exceeds the monetary or other limits on jurisdiction
of Your local small claims court, any Dispute will be heard in federal or state courts sitting in Santa Clara County, California.
Binding Arbitration; Disputes; Small Claims. You and EP agree to waive any right to a jury trial or the right to have any Dispute resolved in any
court, and instead accept the use of binding arbitration, (which is either (a) the referral of a Dispute with an amount in controversy of less than
$10,000.00 to one impartial person for a final and binding arbitration, or (b) the referral of a Dispute with an amount in controversy of
$10,000.00 or more to three impartial persons for a final and binding determination); provided, however, that You have the right to litigate any
Dispute in small claims court if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue
in the Dispute, are satisfied. You agree to bring a Dispute in small claims court only in Your county of residence or Santa Clara County,
California. “Dispute” as used in this Limited Warranty means any dispute, cause of action, claim, or controversy arising out of or in any way
related to the sale, condition, use, or performance of the Product, this Limited Warranty, or the subject matter of this Limited Warranty, including
but not limited to personal injury disputes and disputes that involve third parties (such as developers of content), except any dispute, cause of
action, claim, or controversy relating to Your or EP’s intellectual property (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and/or patents). This section does not prevent the parties from seeking public injunctive relief in a court of competent jurisdiction.
(continued)
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