TO PARTICIPATE IN THE CANON U.S.A., INC. ("CANON") LASER CONSUMABLE RETURN PROGRAM (THE "PROGRAM") DESCRIBED ON THE CANON WEBSITE (THE "SITE"), AND OBTAIN YOUR PRE-PAID SHIPPING LABELS, YOU (THE "USER") MUST ACCEPT THESE PROGRAM TERMS ("PROGRAM TERMS"). THESE PROGRAM TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING YOUR PARTICIPATION IN THE PROGRAM. BY CLICKING THE "I AGREE" BOX ON THE PREVIOUS PAGE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE PROGRAM TERMS.
Incorporation of Site Material
Subject to these Program Terms, User can return those Canon toner cartridges/bottles and waste toner containers eligible under the Program as set forth on the Site (the "Eligible Products") to Canon for recycling purposes. If User sends Canon a product under this Program that is not an Eligible Product, User will reimburse Canon for all costs Canon incurs in shipping User's product to Canon, and/or returning User's Product to User within five (5) days of receipt of Canon's invoice for such costs.
User is solely responsible for determining whether User's product is an Eligible Product, and for packaging and shipping the Eligible Products in accordance with these Program Terms, and the instructions on the Site for packaging and shipping your Eligible Product to Canon for recycling. User agrees to abide by all applicable laws, rules and regulations in connection with participation in the Program.
Canon may terminate the Program at any time for any reason. Upon the effective date of termination of the Program, Canon will not accept Eligible Products for recycling under the Program. If User sends Canon an Eligible Product under this Program after the effective date of termination, User will reimburse Canon for all costs Canon incurs in shipping User's product to Canon, and/or returning User's Product to User within five (5) days of receipt of Canon's invoice for such costs.
User agrees to indemnify, defend and hold harmless Canon, its parent, subsidiaries, affiliates, and their respective attorneys, agents, contractors, directors, officers and employees, from and against all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) arising out of, occurring from, or related to, the Program, including, without limitation, violation of these Program Terms. Canon reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Canon in asserting any available defenses.
CANON IS PROVIDING THE PROGRAM TO THE USER "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED. USER ACKNOWLEDGES AND AGREES THAT IT IS PARTICIPATING IN THE PROGRAM AT USER's OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, CANON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CANON, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE ATTORNEYS, AGENTS, CONTRACTORS, DIRECTORS, OFFICERS AND EMPLOYEES (A) BE LIABLE TO USER WITH RESPECT TO USER'S USE OF, OR PARTICIPATION IN, THE PROGRAM; AND/OR (B) BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES. ?USER'S SOLE REMEDY IS TO CEASE PARTICIPATION IN THE PROGRAM. CANON AND CANON'S AGENTS, ATTORNEYS, AFFILIATED COMPANIES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES OF CANON AND CANON, AND ANYONE INVOLVED IN THE PROGRAM SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Choice of Law, Jurisdiction
These Program Terms are governed by the laws of the State of New York, United States of America, without regard to New York's conflict of laws rules. User irrevocably consents to the exclusive jurisdiction of the state or federal courts in the Eastern District of New York, United States of America, for purposes of any legal action arising out of these Program Terms, or to User's participation in the Program.
If any of these Program Terms are deemed invalid, void, or for any reason unenforceable, those terms will be deemed severable and will not affect the validity or enforceability of any remaining terms. Failure of Canon to exercise or enforce any right or provision of these Program Terms will not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
These Program Terms were last updated on 1/6/2018. Canon reserves the right to change or modify these Program Terms or any other terms, conditions, or policies related to participation in the Program at any time and at Canon sole discretion.
Third Party Beneficiary
User agrees that service providers and licensors of Canon , and others involved in the Program are third party beneficiaries to these Program Terms and may rely upon the provisions of these Program Terms , including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.