READ THIS AGREEMENT CAREFULLY!
CLICKING THE “CREATE PROFILE” BUTTON WHEN ENROLLING MEANS YOU AGREE TO ALL THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO ACCEPT THEM, DO NOT COMPLETE THE SIGN-UP PROCESS BY CLICKING “CREATE PROFILE”.
These terms and conditions form the agreement (the “Agreement”) between you (“You” or “Your”) and Lexmark International, Inc. (hereinafter called “Company”). The Program is open to legal residents of the United States of America, who are 18 years and older at the time of enrollment, are primary owner or operator of Lexmark C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 class printers/MFPs (e.g., are not using or otherwise operating these printers/MFPs under a price per image/page contract or arrangement), and who are not acquiring cartridges for resale. All rewards, to include toner cartridges and imaging kits are intended for use in the registered device. Toner cartridges and imaging kits obtained through the rewards program are not intended for resale.
1. AGREEMENT TO TERMS. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE LEXMARK REWARDS PROGRAM (referred to herein as the “Program”). If You do not agree to these terms and conditions, You may not participate in the Program. Use of the Program signifies Your agreement to contract with the Company electronically, as well as Your agreement to the terms and conditions of use set forth below.
2. MODIFICATION OF AGREEMENT. Company reserves the right, at its sole and absolute discretion, to change, terminate (with or without cause), modify, add to, or remove any portion of this Agreement, in whole or in part, at any time, even if it causes You to lose eligibility to have, receive and/or redeem for C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 family supplies. Notification of changes in the Agreement will be posted on www.LexmarkRewards.com. You acknowledge and agree that any use of or other participation in the Program after such notice will be considered Your agreement to be bound by any such changes.
3. FREE CARTRIDGES & FREE IMAGING KITS.
a. Free Cartridges. To receive one (1) free cartridge, subject to the below limitations, conditions one, two, and three must be met any time after the date You accept this Agreement.
1. Register Your Lexmark C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 device through the installation CD or manually at www.lexmarkrewards.com;
2. After registration, return 10 Lexmark branded C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridges used solely in the registered device, and return to Company only using Lexmark Cartridge Collection Program (hereinafter “LCCP”) return labels that are included in the packaging of the C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 family supplies, including the name and address of the registered account holder. LCCP shipping labels are included free of charge with every genuine Lexmark C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridge sold. PLEASE BE AWARE THAT LCCP RETURN LABELS ARE UNIQUE FOR THE C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 FAMILY SUPPLIES AND USE OF ANY OTHER RETURN LABEL WILL NOT ALLOW YOUR RETURNS TO BE APPLIED TO YOUR ACCOUNT. C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 FAMILY SUPPLIES RETURN LABELS MAY ALSO BE ORDERED FREE OF CHARGE FROM WWW.LEXMARKREWARDS.COM.
3. Upon the return of 10 Lexmark branded C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridges, using the proper LCCP labels and used solely in the registered device, a Company email will be sent to Your registered email address. Follow the links provided to redeem, no later than 90 days after the email was sent (provided, should the Company specify a different time period for redemption of the free toner cartridge, that time period shall govern) and, if You decide to redeem, a free cartridge for the C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 family of supplies (You choose yield and color) will be sent to Your registered address. YOU ACKNOWLEDGE AND AGREE THAT EVEN IF CONDITIONS 1) OR 2) ABOVE ARE SATISFIED, AND NO OTHER LIMITATIONS APPLY, COMPANY’S ACT OF SENDING AN EMAIL TO YOU DOES NOT OBLIGATE COMPANY TO SEND YOU A FREE CARTRIDGE. YOU MUST, IN ADDITION, USE THE LINK PROVIDED WITHIN THE TIME SPECIFIED ABOVE IN ORDER TO SATISFY THE CONDITIONS OF THIS PROGRAM.
b. Free Imaging Kits. To receive free imaging kits, subject to the below limitations, all of the following conditions must be met after the date You accept this Agreement.
1. You must register as described in Section (3)(a)(1) above;
2. You must only use original Lexmark branded C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridges in the registered device throughout Your participation in this Program (i.e., use of any non-Lexmark toner cartridge or a third party remanufactured cartridge will make You ineligible to receive a free imaging kit under this Program);
3. You must return to Company all toner cartridges used in the registered device using only the LCCP labels that are included in the packaging of the C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 family supplies (or obtained via www.LexmarkRewards.com), including the name and address of the registered account holder.
4. If conditions one, two and three above are satisfied, Company will determine, at its sole and absolute discretion, when an imaging kit is required (imaging kits are offered in two configurations, black imaging kit and a color imaging kit) for the registered device based solely on data recovered from the returned toner cartridges used in the registered device;
5. Upon Company’s determination that an imaging kit is required for the registered device (either a black imaging kit and/or color imaging kit), a Company email will be sent to Your registered email address. Follow the links provided to redeem, no later than 90 days after the email was sent (provided, should the Company specify a different time period for redemption of the free imaging kit, that time period shall govern) and, if You decide to redeem, the Company selected free imaging kit for the C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 product will be sent to Your registered address. YOU ACKNOWLEDGE AND AGREE THAT EVEN IF CONDITIONS 1) through 4) ABOVE ARE SATISFIED, AND NO OTHER LIMITATIONS APPLY, COMPANY’S ACT OF SENDING AN EMAIL TO YOU DOES NOT OBLIGATE COMPANY TO SEND YOU A FREE IMAGING KIT. YOU MUST, IN ADDITION, USE THE LINK PROVIDED WITHIN THE TIME SPECIFIED ABOVE IN ORDER TO SATISFY THE CONDITIONS OF THIS PROGRAM.
c. Account Activity. Account activity is defined as either redemption of a reward, or return to Lexmark of an original Lexmark branded C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridges in the registered device using only the proper LCCP labels. Account Activity must be recorded within 18 months from prior Account Activity or the Account will be closed and recognition for all prior returned C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridges will be waived. Toner cartridges returned to Lexmark are recognized once received and electronically verified in the system. Lexmark is not responsible for toner cartridges not received by Lexmark or toner cartridges returned using materials other than LCCP return materials included in C540/X540/CS310/CS410/CS510/CX310/CX410/CX510 class toner cartridge boxes (or obtained via www.LexmarkRewards.com).
d. Registered Device. Rewards are obtained by usage on a single device registered to a single user. A device may not be registered by more than a single user. A single user may register more than one device but rewards may only be obtained by single device usage (i.e., no aggregation of devices or C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridge returns from multiple devices). Rewards obtained under this Program are intended for use on the device by which the reward was obtained. Rewards are obtained by usage on a single device registered to a single user. A device may not be registered by more than a single user. A single user may register more than one device but rewards may only be obtained by single device usage (i.e., no aggregation of devices or C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 toner cartridge returns from multiple devices). Rewards obtained under this Program are intended for use on the device by which the reward was obtained.
e. Internet Connection. Lexmark Rewards program is available for customer access only via a world wide web/internet connection. Program participants must provide such worldwide web access at their sole cost and expense.
4. RIGHT TO CHANGE PROGRAMS. Company may change, suspend or discontinue any aspect of the Lexmark Rewards program at any time without prior notice. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Lexmark Rewards Program without notice or liability. Company reserves the right, in its sole and absolute discretion, to refuse service or cancel Your membership, with or without cause.
5. CONSENT TO COLLECTION AND USE OF PERSONAL DATA. If You participate in the Program, You agree that Company may collect and use Your personal data. Personal data that Company may collect and use includes, but is not limited to Your name, address, and email address. Your personal data will be transferred to, processed, and maintained in a database that may be located outside your country of residence. Company will use Your personal data to administer the Program. Company will utilize some or all of Your personal data to calculate Your Program rewards. Company will not rent, sell, or trade your personal data. Company will not disclose Your personal to any third party, except for the purpose of administering the Program. For more information on Company’s privacy practices, please see the Lexmark Online Privacy Statement.
Finally, by participating in the Program, You also agree that Company may use the data provided through return of Your empty toner cartridges to help Company understand how customers use its products and to design new products, marketing programs, and offerings.
6 INDEMNIFICATION FOR YOUR BREACH OF AGREEMENT. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of Company.
7. LEXMARK’S TONER CARTRIDGE RETURN PROGRAM. For the C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 printers/mfps, Company offers Lexmark Return Program toner cartridges (formerly known as ‘Prebate’) which are sold at a discount versus the prices of regular cartridges in exchange for the customer’s agreement to use the cartridge only once and return it only to the Company for remanufacturing or recycling. Regular cartridges without this license/agreement sold at regular prices are also available for your purchase. If You use any Return Program Cartridge for the C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 printers/mfps, You agree to comply with this license/agreement terms and conditions and You further agree not to use remanufactured Lexmark Return Program cartridges (other than remanufactured Lexmark cartridges sold directly by Company) with Your C540/C543/C544/C546/CS310/CS410/CS510/CX310/CX410/CX510/X543/X544/X546/X548 printers/mfps. These conditions are an express obligation of receiving any rewards under this Program. In the event of non-compliance of these conditions or any other conditions of this Program, You shall lose any future Program rewards immediately upon Company's discovery of such violation.
8. NO WARRANTY. PROGRAM CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“WE” or “OUR”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE PROGRAM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE TO YOU. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES CAUSED BY USE OF THE PROGRAM. WE SHALL NOT BE LIABLE FOR THE USE OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WE SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PROGRAM WHICH RESULTS FROM ACTS OR EVENTS BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS STATED IN THIS SECTION 8 MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“OUR”) BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, OR PROFIT) BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING BUT NOT LIMITED BREACH OF CONTRACT, TORTIOUS CONDUCT INCLUDING NEGLIGENCE, WARRANTY, OR ANY OTHER THEORY) ARISING FROM OR RELATED TO THIS PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR DIRECT DAMAGES, OUR LIABILITY HEREUNDER SHALL BE LIMITED IN AN AMOUNT NOT TO EXCEED $1,000. YOU AGREE THAT THIS LIMITATION ON OUR LIABILITY IS A CRITICAL PROVISION IN ORDER FOR COMPANY TO PROVIDE THIS PROGRAM.
10. SEVERABILITY. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
11. GOVERNING LAW/DISPUTE RESOLUTION. This Agreement shall be construed under, and governed by, the laws of the Commonwealth of Kentucky without regard to its choice of law principals. Any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the arbitration rules of the American Arbitration Association. Arbitration and will take place in Fayette County, Kentucky. In undertaking the arbitration, the parties agree that (a) the direct costs of the arbitration shall be shared equally by the parties (with the expenses of each party to be self-funded including filing fees); (b) they shall be limited to taking no more than three (3) depositions each and that no interrogatories shall be permitted; (c) that the arbitration shall be completed within six (6) months from the date the arbitrator is selected (unless any delays arise that are beyond the control of the parties); (d) that the arbitration shall be conducted in the English language and shall be governed by the United States Arbitration Act; and (e) that the resulting arbitration award will be binding upon the parties and may be entered by any court of competent jurisdiction. Any monetary awards shall be limited in accordance with the provisions of this Agreement and, as such, (a) the Arbitrator is specifically prohibited from awarding any punitive damages or other damages excluded by this Agreement, and (b) each party irrevocably waives any right to recover damages outside the scope of these limitations. No action, regardless of form, arising out of or related to the transactions covered by this Agreement may be brought by either party against the other party more than one year after the cause of action arose.
12. AGREEMENT TO CONTRACT ELECTRONICALLY. You and Company agree to form this Agreement electronically. This means that when you click the “Create Profile” button as part of the Program registration process You acknowledge Your agreement to these terms and conditions and that You are doing so with the intent to enter a contract with Company.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that You are of the legal age of majority in the place You sign this Agreement and, if applicable, You are duly authorized by Your employer or principal to enter into this Agreement.
14. ENTIRE AGREEMENT/OTHER. You represent and acknowledge that in executing this Agreement, You have not relied upon any representation or statement made by any representatives of the Company with regard to the subject matter, basis or effect of this Agreement or otherwise. This Agreement is the entire agreement between You and Company relating to the subject matter of this Agreement (except as this Agreement may be modified by the Company as provided for in this Agreement). These terms and conditions supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Program or any other subject matter covered by this Agreement. You may not assign, delegate, or transfer this Agreement or any of Your rights or obligations hereunder without the prior written consent of the Company. Any such attempted assignment shall be null and void. No delay or failure of Company to exercise any right or remedy hereunder shall be held to constitute a waiver of such right or remedy. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of this Agreement shall survive the termination of this Program and/or termination of this Agreement regardless of the manner of or reasons for such termination and You acknowledge these continuing obligations under these sections after termination of the Program and/or the Agreement. A paper copy of the Company’s electronic version of this Agreement shall be considered the original and the Company may retain a reproduction (e.g., electronic image, photocopy, or facsimile) of this Agreement which shall be considered an original and shall be admissible in any action to enforce this Agreement.