Your participation in the Lexmark Rewards Program (“Program”) is conditioned on your acceptance of the following terms and conditions.
These terms and conditions form the agreement (the "Agreement") between you ("You" or "Customer") and Lexmark International, Inc. and its affiliates and subsidiaries ("Company"). The Program is open to legal residents of the 50 United States (and the District of Columbia) and Canada who are 18 years and older at the time of enrollment and who are not acquiring cartridges for resale. Lexmark employees and contractors (including members of their households) are not eligible to participate in this program.
1. AGREEMENT TO TERMS.
YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN 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 acceptance of the terms and conditions set forth below.
2. MODIFICATION OF AGREEMENT.
Company reserves the right, at its sole and absolute discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on Lexmark.com. You acknowledge and agree that any continued use of or other participation in the Program after such notice will signify your acceptance of the terms and conditions, as modified.
3. HOW THE PROGRAM WORKS
The Program process consists of three elements:
a. Program Sign Up: Program enrollment takes place on Lexmark.com, where the customer creates an account and accepts the Program’s Terms and Conditions.
b. My Account page: Is accessible via Lexmark.com and serves as the customer’s homepage for the Program. All Program information will be displayed here.
c. Placing Orders: The Program’s ordering process is supported by a series of email reminders. By enrolling in the Program, the customer agrees to receive emails from Lexmark. Orders receive a 15% discount off web pricing on eligible supplies products and free shipping on orders over $25.
There is no cost to join the Program.
Lexmark Return Program supplies are sold at a special price subject to the restriction that the cartridge may be used only once, and the empty cartridge must be returned only to Lexmark for remanufacturing and/or recycling.
A customer can choose to cancel their participation in the Program at any time.
4. OTHER THINGS YOU NEED TO KNOW
Orders will normally be sent within 3-8 business days of your online order transaction.
Standard shipping is the only shipping option eligible for free shipping.
Customers will be notified by email when a cartridge is shipped.
5. PROGRAM CHANGES AND/OR TERMINATION.
Company may change, suspend or discontinue any aspect of the Program at any time without prior notice. Company may also impose limits on certain features and services or restrict your access to some or all of the Program features without notice or liability. Company reserves the right, in its sole and absolute discretion, to refuse service and/or cancel your membership, at any time, with or without cause.
6. CONSENT TO COLLECTION AND USE OF PERSONAL DATA.
If you participate in the Program, you consent to Lexmark collecting and using your personal data. Personal data that Lexmark may collect and use may include, but is not limited to your name, address, and email address. This personal data will be transferred to, processed, and maintained in a database located in the United States. By participating, you further consent to the transfer of the personal data, excluding credit card or payment information, to third-parties for the purpose of administering the Program. Lexmark will not rent, sell, or trade your personal data, except as described herein. For more information on Lexmark's privacy practices, please see the Lexmark Privacy Statement.
By participating in the Program, you also agree to participate in the collection of information on the use of your printer.
You further agree that Lexmark may combine the data you provide in connection with this Program with other information about you and/or your device. . The data will be used to help Lexmark understand how customers use their products and to design new products, marketing programs, and offerings.
7. INDEMNIFICATION FOR YOUR BREACH OF AGREEMENT.
You hereby agree to indemnify, defend and hold harmless Company, and its officers, directors, owners, agents, employees, third party administrators, information providers, licensors and licensees (collectively, the "Indemnified Parties") 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 these terms, including, without limitation, attorney’s fees and costs. You shall cooperate at your own expense as fully as reasonably required in the defense of any claim asserted against the Indemnified Parties. 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 related claim or suit without the written consent of Company.
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. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES ARISING FROM YOUR PARTICIPATION IN THE PROGRAM, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR HARDWARE AND/OR SOFTWARE. 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 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF THE USE OF THE PROGRAM. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY COLLECTIVELY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) FOR ANY DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INTENTIONAL CONDUCT AND/OR GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE.
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 affect 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; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. You waive any and all rights to have any and all damages multiplied or otherwise increased and further waive the right to trial by jury.
12. AGREEMENT TO CONTRACT ELECTRONICALLY.
You and Company agree to form this Agreement electronically. This means that when you complete 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 contract.
14. ENTIRE AGREEMENT/OTHER.
This Agreement is the entire agreement between you and Company relating to the subject matter of this Agreement. Except as otherwise provided for herein, 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 (except to the extent such extraneous terms do not conflict with the terms of this Agreement or any other written agreement signed by you and Lexmark relating to the subject matter of this Agreement). To the extent any Company policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. Section titles used herein are for convenience only and shall not be resorted to in construing it. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
15. NO TRANSFER.
You agree that your Lexmark Program account is non-transferable, and any rights to your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.