Epson Connect API

Welcome to the Epson Connect API Site (this “Site”)
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

These Terms of Use (these “Terms of Use”) set forth a legally binding agreement between you (“You”) and SEIKO EPSON CORPORATION (including its subsidiaries and affiliates collectively referred to as “Epson”) and govern your use of this Site.

IF YOU USE THE SITE IN AUSTRALIA, ARTICLE 36 TO ARTICLE 51 OF THIS DOCUMENT MAY ADDITIONALLY APPLY TO YOU. ARTICLE 37 AND ARTICLE 40 DESCRIBE WHEN THESE SECTIONS MAY APPLY. ARTICLE 36 TO ARTICLE 51 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THESE TERMS OF USE ARE SUBJECT TO ARTICLE 36 TO ARTICLE 51.

By using this Site you signify that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not use this Site.

Article 1. Purpose

The purpose of this Site is to make more convenient to use Epson products for users of the application that You develop and provide (“Purpose”).

Article 2. Definition

2.1. “Epson” means SEIKO EPSON CORPORATION (including its subsidiaries and affiliates).

2.2. “Site” means “Epson Connect API” and “Epson Connect API Site” including any content on this Site.

2.3. “Terms of Use” means these terms of use.

2.4. “You” means you who desire to use this Site and develop applications.

2.5. “Purpose” has the meaning given to it in Article 1.

2.6. “Registration Information” means information that Epson requires to enable You to use this Site.

2.7. “Account Information” means login ID, login password, client ID, and client secret.

2.8. “Confidential Information” shall mean all non-public information, data, ideas and/or concepts disclosed as confidential by Epson. Confidential Information shall not include, and no obligation is imposed upon You with respect to, information that: (a) was rightfully in your possession before receipt from Epson without any obligation of confidentiality; (b) is or subsequently becomes legally and publicly available through no fault of yours, but only after, and to the extent that, the information becomes publicly available; (c) is rightfully received by You from a third party without any obligation of confidentiality; (d) is disclosed by Epson to a third party without any obligation of confidentiality; or (e) is independently developed by You without use of reference to the Confidential Information.

2.9. “Antisocial Force” means an organized crime group or a member thereof, anti-social force, or other similar person or entity.

2.10. “User Application” means an application made by You in the course of using this Site.

Article 3. Legal Authority

Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), You represent and warrant that you are of the legal age of majority in your state or jurisdiction of residence and/or have all necessary authority to enter into these Terms of Use, including, if applicable, due authorization by your legal representatives to enter into these Terms of Use. If you are agreeing to be bound by these Terms of Use on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Use.

Article 4. Devices required for using this Site

You are solely liable for any and all costs and fees associated with using this Site, including any and all costs and fees associated with purchase of hardware, communication devices, software, and other services (e.g. telecommunication services) required for using this Site.

Article 5. Registration

5.1. 　If You wish to acquire an account for the Site, You must apply to Epson and provide true and accurate Registration Information as specified by Epson in this Site. If Epson finds your Registration Information to be inaccurate or false or incomplete, Epson shall have the right to decline your application. Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by You, and shall not be subject to any claim from you, for declining your application.

5.2. 　Subject to Article 40 (which may apply to You if you acquire goods and services from Epson in Australia), You shall be responsible for keeping and maintaining (i) your Account Information issued and offered by Epson and (ii) Registration Information in an appropriate and secure manner. You shall be, and Epson shall in no event be, liable and responsible for any damages arising out of or in connection with your failure to keep and maintain your Account Information and Registration Information in an appropriate and secure manner. You acknowledge and agree to accept responsibility for all activities that occur under your Account Information.

5.3. 　You shall not transfer, loan, lend, lease, license, distribute, disclose, provide or sell your Account Information to a third party, or permit any third party to use your Account Information.

5.4. 　You shall promptly notify Epson (i) of any change to your Registration Information or (ii) if you know the unauthorized use, or threatened unauthorized use, of your Account Information.

Article 6. Limited License to this Site

Epson hereby grants You a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to use this Site in accordance with manuals provided by Epson only for the Purpose.

Article 7. Limitation

You must not use this Site, alone or in conjunction with your User Application, in a manner that may cause harm to other persons, including injury death or damage to property.

Article 8. User Application

You may use this Site in conjunction with your User Application, but only in accordance with the following terms and in compliance with all applicable laws:

(a) You must not imply that Epson endorses Your User Application or any products, services, or content available through Your User Application;

(b) You must not misrepresent Your relationship with Epson;

(d) Your User Application or any content you create using the Site must not contain, or transfer to or through the Site, any content that reasonably could be considered to be defamatory or libelous; hateful; a racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person’s privacy.

Article 9. Disclaimer of Representation and Warranties

SUBJECT TO ARTICLE 38 (WHICH MAY APPLY TO YOU IF YOU ACQUIRE GOODS AND SERVICES FROM EPSON IN AUSTRALIA), THIS SITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EPSON DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Epson does not warrant the accuracy and completeness of this Site. Epson also does not warrant that this Site will be new, uninterrupted and error-free, or that defects will be corrected or that this Site or its server system that makes it available is free from viruses or other harmful components. Some jurisdictions may not allow the exclusion of an implied or statutory warranty so some of the above exclusions may not apply to You in all circumstances.

Article 10. Limitation of Liabilities

10.1. SUBJECT TO ARTICLE 38 AND/OR ARTICLE 40 (WHICH MAY APPLY TO YOU IF YOU ACQUIRE GOODS AND SERVICES FROM EPSON IN AUSTRALIA), TO THE MAXIMUM EXTENT LEGALLY PERMITTED EPSON WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, INABILITY TO USE THIS SITE, EVEN IF EPSON OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT LEGALLY PERMITTED EPSON SHALL NOT BE LIABLE AND RESPONSIBLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THIS SITE, ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE.
Some jurisdictions may not allow the exclusion of an implied or statutory warranty so some of the above exclusions may not apply to You in all circumstances.

10.2. Epson may disclose Registration Information or any data sent or received through this Site by you if required to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or elsewhere in accordance with applicable law or regulation. Epson shall not be liable for any damages incurred by You due to such disclosure.

10.3. Epson does not guarantee that use and operation of this Site complies with the laws and regulations of all countries and regions, and shall not be liable for Your use of this Site in countries or regions where Your use is deemed illegal or inappropriate.

10.4. You shall only use this Site after understanding and accepting that the events defined below may occur in this Site. Epson shall not be liable for any of the events defined below.

(a) The data does not arrive at the device or designated address, or arrives at a different device or address than the one intended by you.

(b) The data sent to the device are not printed due to any reason, including but not limited to, the file type/format, the settings or standby state of the device, the network environment, or other reasons.

(c) If the data is not printed or scanned within a certain time period after receipt by Epson’s servers, the data will be deleted.

(d) The printout of the data and scan result by using this Site differs from a printout by using printer driver software.

(e) The printout of the data on the device differs from what you expected.

(f) Your information that was provided or collected via this Site and third party information, that was registered, provided or collected via this Site, is lost due to the provision, delay, modification, stoppage, or termination of this Site;

(g) A certain amount of time is required between when the data is sent and when it is received on the designated address.

(h) The data quality (including but not limited to colour shade, image quality, picture quality) which is sent or stored on the designated address differs from manuscript or what you expected.

(i) The data, which is sent to the device by this Site automatically, will be printed or scanned.

Article 11. Your Liabilities.

11.1. You are solely liable for Your User Application, and You must display that You are the provider of Your User Application on Your User Application.

11.2. Subject to Article 40 (which may apply to you if you acquire goods and services from Epson in Australia), You agree to defend, indemnify, and hold Epson and its partners, licensors, officers, directors, employees and agent harmless from any and all losses, liabilities, damages and costs (including reasonable legal fees) arising from any claims, actions or demands related to or alleged to relate to your use of this Site, User Application and your violation of these Terms of Use. Epson reserves the right to control its own defence of any third-party claim that is subject to this indemnity and the parties agree to cooperate with each other in the conduct of such defence. You will not in any event settle any claim without the prior written consent of Epson.

11.3. You represent and warrant that Your entering into these Terms of Use and Your use of this Site does not violate or infringe on any right, including intellectual property rights, of a third party or Epson, or breach any contract with third party or Epson, or violate any applicable law, regulation, public order.

Article 12. Customer Service

12.1. You shall respond to the inquiry of your customer who uses User Application. If You cannot solve the inquiry, you may make inquiry to Epson on behalf of your customer.

12.2. To comply with the provisions of 12.1, You shall display your contact information in a location that can be easily located by your customers who use Your User Application on Your User Application.

12.3. If You obtain the information of your customers through this Site, You shall:

(a) notify your customers that You have obtained their personal information through Epson‘s application “Epson Connect”;

(b) notify your customers of what information You obtained and the purposes of Your use the information, and obtain prior authorization from your customer; and

(c) notify your customer that processing of your customer’s information through Epson Connect shall be according to the Privacy Policy of Epson Connect as set out in Article 15, and display a link to the Privacy Policy of Epson Connect.

12.4. You shall prepare the way to prevent erroneous input, when your customer input a printer address that this Site uses.

Article 13. Intellectual Property Rights

13.1. Title, ownership rights, and intellectual property rights in and to this Site shall remain with Epson or its licensors and suppliers. There is no transfer to You of any title to or ownership of this Site and this license shall not be construed as a sale of any rights in this Site. The absence of a product or service name or logo attribution anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that product or service name or logo.

13.2. If any and all results, including, but not limited to, inventions, improvements and all new intellectual property rights therein, are made or conceived by You based on this Site or the Confidential Information (“Results”), You shall promptly notify Epson of such Results including the details of the intellectual property rights newly made in writing. The attribution of such Results and intellectual property rights shall be determined in writing through mutual consultation between You and Epson.

13.3. You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of this Site.

13.4. Epson may use your company name and logo, and application name, logo, and information, etc. for the purpose of advertising Epson products.

Article 14. Feedback

14.1. You may provide any reports, ideas, suggestions, or recommendations to Epson regarding this Site in accordance with the way separately indicated by Epson (“Feedback”).

14.2. Epson may use such Feedback and incorporate it in Epson’s products, technologies, and services without paying royalties and without any other obligations or restrictions.

Article 15. Information and Data Management

15.1. Epson will manage your information (including personal information of You) in accordance with the Privacy Policy of Epson at https://developer.cp.epson.com/ecapi/ps/ . Please read the Privacy Policy before You begin to use this Site.

15.2. If You update your information or require Your information to be deleted from this Site, You must promptly notify Epson of such update or request at https://developer.cp.epson.com/ecapi/contactus/ . Epson is not responsible or liable for loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind suffered by You arising out of Your failure to provide notice of such update or request.

Article 16. Confidential Information

16.1. Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), You hereby agree: (i) to keep and maintain the Confidential Information in the strictest of confidence and to protect the Confidential Information by using the same degree of care (but no less than a reasonable degree of care) as You use to protect your own confidential information and materials of a similar nature; (ii) not to use the Confidential Information other than for the Purpose; and (iii) not to disclose, publish or disseminate the Confidential Information to any person or entity except to officers and employees of you who: (a) need to know such Confidential Information for the Purpose, (b) have been made aware that such Confidential Information is subject to confidentiality obligations and (c) have entered into an employment or other agreement with you containing confidentiality obligations no less stringent than those contained in these Terms of Use.

16.2. Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), in the event You notice or know the unauthorized use or plagiarism, or threatened unauthorized use or plagiarism of the Confidential Information, You shall notify of such situation promptly a contact address separately indicated by Epson.

Article 17. Restrictions; Suspension and Termination of Your Use

17.1. You agree to comply with all local, state, federal, national, foreign, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of this Site. Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), You further agree that you will not:

(a) register untrue and false information;

(b) authorize use of Your account or Account Information by any third party;

(c) use this Site in a manner that suggests an unauthorised association or is beyond the scope of the license granted to You;

(d) engage in any activity in connection with Your use of this Site that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive or otherwise objectionable;

(e) interfere with the proper operation of any security measure used by this Site;

(f) infringe any intellectual property or other right of any third party;

(g) do any other acts or behaviours that are deemed by Epson to be inappropriate;

(h) use, copy, distribute, transmit, broadcast, sell, or do anything with this Site other than as permitted by these Terms of Use;

(i) modify, adapt or translate this Site;

(j) reverse engineer, decompile, disassemble or otherwise attempt to analyze this Site;

(k) do any acts or behaviours against public order and good morals;

(l) do any acts or behaviours which constitute, aid, induce, or are linked to crimes, which includes but are not limited to gambling, obstruction of business, fraud, stalking and similar behaviour;

(m) transmit or upload any computer viruses or other hazardous computer programs;

(n) transmit or upload any information encouraging development and manufacture of weapons of mass destruction, terrorism, and other military acts and behaviours;

(o) transmit, upload or display any information pretending that it was conducted by a third party (identity theft);

(p) do any acts and behaviours kinked to war, terrorism and other military acts, racial discrimination, religious persecution, human trafficking, prostitution, violence, brutality, and/or drug use;

(q) give money to Antisocial Forces;

(r) transmit or upload any lewd images, child pornography, images of child abuse, or similar information;

(s) do any acts or behaviours that, directly or indirectly, facilitate any acts or behaviours listed in the preceding items; or

(t) violate these Terms of Use.

17.2. Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), in the event You violate or Epson deems You to have violated any of these terms of Use, Epson has the right in its sole discretion to: (i) suspend the use of this Site temporarily or permanently terminate your Account Information; (ii) delete your Account Information and Registration Information; and/or (iii) restrict your use of some or all of this Site without notice and without liability to You or anyone else.

Article 18. Withdrawal

18.1. You may withdraw from this Site and cancel your registration as a user of this Site by giving notice to that effect to Epson at https://developer.cp.epson.com/ecapi/contactus/ .

18.2. At the time of your withdrawal pursuant to Article 18.1, You must promptly destroy and/or permanently erase or delete from your information systems, any and all Confidential Information of Epson, including intellectual property rights of Epson, Account Information and copies of the Site (or part thereof) that you obtained through Your use of this Site and any and all copies, extracts and derivative works thereof.

Article 19. Change, Suspension, Termination or Discontinuance of the Service

Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), Epson reserves the right to change, suspend or terminate this Site, or any feature or component thereof, and discontinue support of the associated products and software at any time and with or without notice from Epson to You, or your approval to such change, suspension, termination or discontinuance. In such an event, Epson is not liable to You or any third party for any change, suspension, termination or discontinuance of this Site or any feature or component.

Article 20. Survival

Notwithstanding the expiration or termination of these Terms of Use, Articles 10, 11, 13, 14, 16, 23 and 28 through 31 will remain in effect after termination or expiration hereof.

Article 21. Update to Terms of Use

Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), Epson may from time to time revise these Terms of Use in accordance with the applicable laws and provisions by previous notice about the updating of these Terms of Use, the detail of the updating and the effective date of the updated Terms of Use to You. Please visit this page periodically to review the current Terms of Use because they are binding on you. Your continued use of this Site and your display the latest Terms of Use will mean you accept any changes and latest updated version of these Terms of Use. If You do not accept the latest Terms of Use, You must immediately withdraw from this Site and cease using the Site.

Article 22. Export Compliance

You shall use this Site in compliance with the applicable laws and regulations that restrict the export and re-export.

Article 23. No Waiver

No failure or delay by You or Epson in exercising any of rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and no waiver will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Article 24. Notices from Epson

Epson may provide you with notices about this Site by email to any email address You have provided to Epson on or in connection with the Site or your account with Epson, including during the registration process or your Account Information, or when presented by Epson on its website. Notices from Epson intended for your receipt shall be deemed delivered and effective when sent by email by Epson.

Article 25. Severability

In the event that any term or provision of these Terms of Use is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render the remaining terms or provisions unenforceable or invalid.

Article 26. Subcontractor

Epson may, in its sole discretion, use third party subcontractors for the services, in whole or in part, of this Site.

Article 27. Exclusion of Anti-Social Forces

27.1. You represent and warrant that You and your officers:

(a) are not an organized crime group or a member thereof, Antisocial Force, or other similar person or entity;

(b) do not use Antisocial Force;

(d) do not have any socially criticized relationship with the Anti-social Force.

27.2. You agree to cooperate with the reasonable inquiries of Epson in connection with 27.1.

27.3. In the event of a breach or threatened breach of the representations and warranties in 27.1, You shall immediately notify Epson about that.

Article 28. Legal Relationship

Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), nothing in these Terms of Use creates any legal relationship, such as principal-agent, partners, franchisor-franchisee, employer-employee, supplier-consumer or otherwise. You have no power or authority to bind Epson or to act on Epson’s behalf.

Article 29. Assignment

Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), You shall not assign, transfer, grant security interests in or otherwise dispose of your rights and obligations under these Terms of Use without prior written consent of Epson.

Article 30. Governing Law and Jurisdiction

These Terms of Use and your relationship with Epson under these Terms of Use shall be governed by the laws of Japan, without regard to its conflict of laws provisions. Any dispute between the parties shall be subject to the exclusive jurisdiction of the courts in Tokyo, Japan. This Site is a service, not a good, and is not subject to the Uniform Commercial Code, the Uniform Computer Information Transactions Act, or the United Nations Convention on the International Sale of Goods.

Article 31. Language

Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), these Terms of Use has been agreed in Japanese, and if there are any discrepancies, contradictions or inconsistencies between the Japanese language and the other languages translation, the interpretation under the Japanese language provided for herein shall govern and prevail.

Article 32. Entire Agreement

Subject to Article 40 (which may apply to You if You acquire goods and services from Epson in Australia), these Terms of Use are the entire agreement between Epson and You related to this Site and supersede any purchase order, communication, advertisement, or representation concerning this Site.

Article 33. Consultation in Good Faith

Any question arising out of, or in connection with, these Terms of Use or any matter not stipulated herein shall be settled each time upon consultation between both You and Epson.

【IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING ARTICLES 35 and 36 APPLY TO YOU)】

Article 34. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

34.1. The terms of this Article 35 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 these Terms of Use, this Site, Epson products, 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 Article 35.6, that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.

34.2. You and Epson agree that all Disputes shall be resolved by binding arbitration according to these Term of Use. 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 these Terms of Use, 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 Article 35.6 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 Article 35, (b) these Terms of Use memorializes a transaction in interstate commerce, and (c) this Article 35 shall survive termination of these Terms of Use.

34.3. 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 America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long Beach, CA 90806 (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.

34.4. Notwithstanding the foregoing, You 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.

34.5. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

34.6. If You or Epson commences arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in these Terms of Use. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms of Use. 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 these Terms of Use, including any claim that all or any part of these Terms of Use 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 Article 35.1 above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator may award you the same damages as a court could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. 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. 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. Arbitration hearings not conducted by telephone 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 (same address as the Dispute Notice), 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.

(c) Arbitration Fees. Epson shall pay, or (if applicable) reimburse you for, all JAMS filings and arbitrator fees for any arbitration commenced (by You or Epson) pursuant to provisions of these Terms of Use.

(d) Award in Your Favor. For Disputes in which You or Epson seeks $75,000 or less in damages exclusive of attorney’s fees and costs, if the arbitrator’s decision results in an award to you in an amount greater than Epson’s last written offer, if any, to settle the Dispute, Epson will: (i) pay you $1,000 or the amount of the award, whichever is greater; (ii) pay you twice the amount of your reasonable attorney’s fees, if any; and (iii) reimburse you for any expenses (including expert witness fees and costs) that your attorney 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 34.6(d).

(e) Attorney’s Fees. Epson will not seek its attorney’s fees and expenses for any arbitration commenced involving a Dispute under these Terms of Use. Your right to attorney’s fees and expenses under Section 35.6d) 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.

34.7. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in these Terms of Use by sending a written letter to the Epson Address within thirty (30) days of your assent to these Terms of Use (including without limitation the registration, use of this Site or other applicable use of Epson 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 Article 35. 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.

34.8. Notwithstanding any provision in these Terms of Use 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 these Terms of Use, 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 35 (or resolve disputes as provided for in Section 35.7, if You timely elected to opt-out when You first assented to these Terms of Use).

34.9. If any provision in this Article 35 is found to be unenforceable, that provision shall be severed with b the remainder of these Terms of Use remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions as provided in Article 35.5. This means that if Article 35.5 is found to be unenforceable, the entire Article 35 (but only Article 35) shall be null and void.

Article 35. For New Jersey Residents

NOTWITHSTANDING ANY TERMS SET FORTH IN THESE TERMS OF USE, IF ANY OF THE PROVISIONS SET FORTH IN ARTICLES 9 OR 10 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THESE TERMS OF USE SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION IN THESE TERMS OF USE, NOTHING IN THESE TERMS OF USE IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.

【IF YOU USE THE SITE IN AUSTRALIA, Article 36 TO Article 51 ADDITIONALLY APPLY TO YOU】

Article 36. Definitions

For the purposes of Article 37 to Article 51 of these Terms of Use, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Article 37. Acquiring product as a Consumer

If You use the Site in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, these Terms of Use are subject to the following Article 38 and Article 39.

Article 38. Australian Consumer Law

Nothing in these Terms of Use applies where it would exclude, restrict or modify any right or remedy You may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.
Notwithstanding anything to the contrary in these Terms of Use, if You acquire goods (other than goods acquired for the purpose of resupply) and services from Epson as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by any other terms of these Terms of Use.

The statutory guarantees include (without limitation) the following:

・ Goods must be of acceptable quality. This means they must:

o be safe;

o be free from defects;

o be acceptable in appearance and finish;

o do all the things someone would normally expect them to do;

o match any demonstration model or sample;

o be fit for the purpose which Epson has represented to You it would be fit for;

o match the description of the goods given by Epson; and

o meet any express warranty given by Epson to You at the time of Your purchase about their performance, condition and quality.

・Services provided by Epson must:

o be provided with due care and skill or technical knowledge;

o be fit for the purpose or give the results that have been agreed to; and

o be delivered within a reasonable time when there is no agreed end date.

To the extent that Epson fails to comply with a consumer guarantee applicable to You under the Australian Consumer Law You are entitled to the remedies as set out in the Australian Consumer Law. For major failures with the service, You are entitled:

・ to cancel Your service contract with Epson; and

・ to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done, You are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Article 39. Disclaimer of Representation and Warranties

Article 9 will not apply to You. The following terms will apply instead:

EXCEPT THAT NOTHING IN THIS ARTICLE EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW:

(A) THIS SITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED;

(B) EPSON DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS;

(D) Epson also does not warrant that this Site will be new, uninterrupted and error-free, or that defects will be corrected or that this Site or its server system that makes it available is free from viruses or other harmful components.

Article 40. Acquiring Product under a Consumer or Small Business Contract.

If:

(a) You are an individual and You use the Site wholly or predominantly for personal, domestic or household use or consumption; or

(b) these Terms of Use constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),

then Article 41to Article 51 will apply to You.

Article 41. Legal Authority

In addition to the representation made by You in Article 3, Epson represents and warrants that it has all necessary authority to enter into these Terms of Use with You.

Article 42. Registration

Article 5.2 will not apply to You. The following terms will apply to you instead:

You shall be responsible for keeping and maintaining Your Account Information issued by Epson and Registration Information up to date, accurate and secure. You are solely liable and responsible for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of or in connection with Your failure to keep Your Account Information and Registration Information up to date, accurate and secure. You acknowledge and agree to accept responsibility for all activities that occur using Your Account Information except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

Article 43. Limitation of Liabilities

43.1. Article 1 will not apply to You. The following term will apply instead:

SUBJECT TO ARTICLE 37:

(A) NEITHER PARTY WILL ASSUME ANY RESPONSIBILITY TO THE OTHER PARTY FOR ANY DAMAGES THAT RESULT FROM A PARTY’S ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, EVEN IF THAT PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

(B) EACH PARTY ACKNOWLEDGES AND AGREES THAT THEIR USE OF AND ACCESS TO THIS SITE IS AT THEIR OWN RISK AND SOLE RESPONSIBILITY; AND

(C) NEITHER PARTY WILL BE LIABLE AND RESPONSIBLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE ACCESS TO, USE OF OR INABILITY TO USE THIS SITE.

43.2. Article 2 will not apply to You.

Article 44. Confidential Information

44.1. Article 16 will not apply to You. The following terms will apply to You instead: For the purpose of this Article 44, Confidential information means all non-public information, data, ideas and/or concepts disclosed as confidential by a party (the disclosing party) to the other party (the receiving party). Confidential Information shall not include, and no obligation is imposed upon the receiving party with respect to, information that: (a) was rightfully in its possession before receipt from the disclosing party without any obligation of confidentiality; (b) is or subsequently becomes legally and publicly available through no fault of the receiving party, but only after, and to the extent that, the information becomes publicly available; (c) is rightfully received by the receiving party from a third party without any obligation of confidentiality; (d) is disclosed by the disclosing party to a third party without any obligation of confidentiality; or (e) is independently developed by the receiving party without use of reference to the disclosing party’s Confidential Information

44.2. A party (the receiving party) hereby agrees: (i) to keep and maintain the Confidential Information of the other party (the disclosing party) in the strictest of confidence and to protect that Confidential Information by using the same degree of care (but no less than a reasonable degree of care) as the receiving party would use to protect their own confidential information and materials of a similar nature; (ii) not to use the Confidential Information of the disclosing party other than for the Purpose, except that Epson may also use Your Confidential Information for the purposes of operating its business and updating the Site and enforcing Epson’s rights under these Terms of Use; and (iii) not to disclose, publish or disseminate the Confidential Information to any person or entity except to officers and employees of the receiving party who: (a) need to know such Confidential Information for the Purpose, (b) have been made aware that such Confidential Information is subject to confidentiality obligations and (c) have entered into an employment or other agreement with the receiving party containing confidentiality obligations no less stringent than those contained in these Terms of Use.

44.3. In the event a party notices or becomes aware of the unauthorized use, or threatened unauthorized use, of the other party’s Confidential Information, that party shall promptly notify the other party of such situation.

Article 45. Restrictions; Suspension and Termination of Your Use

45.1. Article 1(g) will not apply to You.

45.2. Article 2 will not apply to You. The following term will apply instead:

In the event You perform any of the prohibited acts set out in 17.1, Epson may, acting reasonably: (i) suspend or restrict Your access to and use of this Site temporarily or permanently; or (ii) terminate your account with Epson to use this Site and delete your Account Information and Registration Information.

Subject to Article 38, Epson will not be liable to You or anyone else for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of Epson exercising its rights under this Article.

Article 46. Change, Suspension, Termination or Discontinuance of the Service

Article 19 will not apply to You. The following term will apply instead:

To the extent reasonably necessary to protect its legitimate interests, Epson reserves the right to change, suspend or terminate this Site, or any feature or component thereof, and discontinue support of the associated products and software at any time. Epson will provide You with advance notice to the extent it is reasonably practicable to do so. Epson may give shorter advance notice (or no notice) if it is reasonable, including for Epson to manage a material and immediate risk. In such an event, subject to Article 37, Epson is not liable to You or any third party for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of any such change, suspension, termination or discontinuance of this Site or any feature or component.

Article 47. Update to Terms of Use

Article 21 will not apply to You. The following term will apply instead:

Epson may from time to time revise these Terms of Use by posting the revised terms at https://developer.cp.epson.com/ecapi/ and giving You reasonable advance notice of the change to the extent it is reasonably practicable to do so. Epson may give You shorter advance notice (or no notice) of a change if it is reasonable in order for Epson to manage a material and immediate risk. Epson must act reasonably and only modify these Terms of Use to the extent reasonably necessary to protect its legitimate business interests. For example, Epson may change the terms of these Terms of Use to reflect new features or functionality provided in the Site, to protect its intellectual property, to prevent fraud or misuse of the Site, for security or technical reasons or due to a change in applicable law. The most recent version of these Terms of Use is available at https://developer.cp.epson.com/ecapi/ and applies from that version’s effective date and supersedes earlier versions. If You continue to use this Site after the effective date of the amended terms of these Terms of Use, You will be deemed to have accepted the changes. If You do not accept the amended terms of these Terms of Use, You must cease using the Site.]

Article 48. Legal Relationship

Article 28 will not apply to You. The following term will apply instead:

Nothing in these Terms of Use creates any legal relationship, such as principal-agent, partners, franchisor-franchisee, employer-employee, supplier-consumer or otherwise. Neither party has the power or authority to bind the other party or to act on the other party’s behalf.

Article 49. Assignment

Article 29 will not apply to You.

Article 50. Language

Article 31 will not apply to You.

Article 51. Entire Agreement

Article 32 will not apply to you.

Effective Date

These Terms of Use were first effective as of July, 20th, 2020.

These Terms of Use were last revised at Nov, 9th, 2023.