PIXMA Print Plan Service Terms and Conditions

 

LAST UPDATED: February 18, 2021

 

IMPORTANT NOTE: By subscribing the Service, I consent to Canon Inc. sharing my information with Canon USA for Canon USA’s own use related to the Service.


Welcome to the PIXMA Print Plan Service offered by Canon U.S.A., Inc. ("Canon USA," "we," "us," or “our”). This print subscription service allows customers who purchase select PIXMA printers (“Customer,” “you,” or “yours”) to enroll in a select plan, and the service facilitates Customer’s payment for the print subscription plan they enroll in (collectively, the “Service”).

The following are the terms and conditions for the Service. These PXMA Print Plan Service Terms and Conditions are between you and Canon USA and govern your and our respective rights and obligations relating to the Service. These Terms of Use supplement and incorporate by reference the Canon USA Terms of Use the Canon USA Privacy Statement (collectively, the “Terms of Use”). All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Canon USA Terms of Use.

  1. Acceptance of Terms

    By enrolling, accessing or otherwise using the Service, you acknowledge that you have read, understand and agree to these Terms and Conditions, which may be updated by Canon USA at any time. By continuing to use the Service after changes are made, you are expressing and acknowledging your acceptance of the changes. In the event of a conflict between the terms set out in these PIXMA Print Plan Service Terms and Conditions and the Canon USA Terms of Use, these PIXMA Print Plan Terms and Conditions will supersede the Canon USA Terms of Use.

    In addition, you agree that Canon USA may communicate with you (a) by e-mail, (b) by message on your PIXMA Print Plan compatible printer (“PIXMA Print Plan Printer”) and/or computer on your PIXMA Print Plan Service account page on your MyCanon Account Dashboard (“Dashboard”), or (c) by posting notices on usa.canon.com (the “Site”). You agree that all such notices, disclosures and other communications that Canon USA provides to you electronically satisfy any legal requirement that such communications be in writing. Costs associated with your maintaining an email account or Internet connection are your responsibility and are not included in the Service.

    IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE.

  2. Eligibility/Enrollment

    In order to use the Service, you need to (a) be 18 years of age or older and located and residing in the 50 United States of the District of Columbia, and (b) have the power to enter a binding contract and not be barred from doing so under any applicable laws. In order to enroll, access and use the Service, you will be required to enroll in the PIXMA Print Plan Service and create a MyCanon Account. If you choose to enroll in the Service, you agree to provide and maintain true, accurate and current and complete information about yourself as prompted by the Service’s enrollment form. As part of your enrollment in the Service, you will be required to register your eligible PIXMA Print Plan Printer with us so that your PIXMA Print Plan Printer can be identified as participating in the Service. Instructions for registering your PIXMA Print Plan Printer can be found at PIXMA Print Plan or by following the printer enrollment process during your Service enrollment. You will be required to accept terms and conditions provided by our parent company, Canon Inc., as part of registering your PIXMA Print Plan Printer. Canon Inc. will notify us when an ink cartridge reaches a certain low ink threshold, and we will fill an order for the ink cartridge and ship it to you under these Terms and Conditions. It is possible that you will not receive your shipment prior to running out of ink where your use was more than usual, particularly if such greater use occurred over 1 or 2 days.

  3. Changes to these Terms and Conditions and the PIXMA Print Plan

    Canon USA may modify these Terms and Conditions at any time in its sole discretion with thirty (30) days prior notice to you by posting a notice of such modification on the Site. Canon USA may also send notifications of such modifications to you at the email address (email message) listed on your MyCanon Account. Your continued use of the Service after modification becomes effective (i.e., thirty (30) days from the posting or sending notice to you) will indicate your acceptance of the modified Terms and Conditions. If you do not accept the Terms and Conditions as modified, you must cancel your enrollment in the Service by following the directions in Section 8 (“Cancellation by You”) below. In addition, Canon USA, in its sole discretion, may suspend performance, refuse to provide the Service to you or cancel your use of the Service, and may modify, suspend or discontinue the Service (or any version, part or feature thereof) in accordance to the terms in Section 8 (“Cancellation by Canon USA”).

  4. Requirements for the PIXMA Print Plan Service

    1. a. Email address and MyCanon Account. In order to enroll in and use the PIXMA Print Plan Service, you must maintain, at your own expense, a valid and current email account to receive notices and other information regarding your enrollment and the Service. You must create and maintain a MyCanon Account. You will manage the PIXMA Print Plan you select, including maintenance of your payment method, through the Dashboard on your MyCanon Account page.

    2. b. Compatible Printer. In order to enroll in and use the Service, you must have a PIXMA Print Plan Printer. For a list of PIXMA Print Plan Printers, see PIXMA Print Plan. You expressly allow Canon USA to remotely change, patch, update, or otherwise modify your PIXMA Print Plan Printer’s software, firmware or programming, without notice to you, in order to provide the Service to you or to comply with applicable laws. Unless otherwise indicated, any software or firmware that is downloaded to your PIXMA Print Plan Printer or otherwise provided to you to enable you to access and use the Service is provided pursuant to the software licensing terms that accompanied your PIXMA Print Plan Printer or pursuant to the Canon USA Terms and Conditions, as applicable.

    3. c. Internet Connection. In order to enroll in and use the Service, you must (i) maintain connectivity of your PIXMA Print Plan Printer to the Internet, and (ii) not remove or disable any remote monitoring software or functionality on your PIXMA Print Plan Printer that is used with the Service. Internet connectivity service is not provided by Canon USA and must be separately obtained and paid for by you. Check with your Internet service provider for information on Internet data usage charges and any other applicable charges you will be responsible for. You are responsible for obtaining and maintaining, at your sole expense, all equipment and services needed to access and use the Service. If your PIXMA Print Plan Printer is not connected to the Internet and there is at least one PIXMA Print Plan Cartridge (defined below) installed, the PIXMA Print Plan Printer will automatically stop printing once you print a limited number of pages after disconnecting from the Internet. You will not be able to use your PIXMA Print Plan Printer to print with the PIXMA Print Plan Cartridge(s) until you reconnect to the Internet. In order to continue printing with your PIXMA Print Plan Printer using PIXMA Print Plan Cartridge(s), you must connect your PIXMA Printer Plan Printer to the Internet. Failure to connect your PIXMA Print Plan Printer to the Internet will also impact Canon USA’s ability to ship PIXMA Print Plan Cartridge(s) on a timely basis. If you subscribe to a monthly plan under the Service, you will continue to be charged monthly until you cancel your subscription in your Dashboard on the MyCanon Account page. Your PIXMA Print Plan Printer may be used to print with non-PIXMA Print Plan cartridges that are purchased separately, as long as no PIXMA Print Plan Cartridge is also installed at any time.

    4. d. PIXMA Print Plan Cartridges.

      1. PIXMA Print Plan Printers include CANON genuine ink PIXMA Print Plan ready starter cartridges (“Starter Cartridges”) in the original PIXMA Print Plan Printer packaging. The status of the Starter Cartridges does not change unless and until you enroll in the Service and activate your Service Subscription (defined below). After registering your PIXMA Print Plan Printer and enrolling in the Service, Canon USA will mail you, as needed, additional PIXMA Print Plan ink cartridges (“PIXMA Print Plan Cartridges”) to be used as you print through the Service.

      2. You must ensure that Canon USA has your most recent shipping address in order to receive the PIXMA Print Plan Cartridges on a continual basis. Canon USA is not responsible to you and will not otherwise be liable for sending PIXMA Print Plan Cartridges to outdated shipping addresses that are associated with your MyCanon Account. Please go to your Dashboard under your MyCanon Account to update, as necessary, your current shipping address.

      3. Canon USA provides PIXMA Print Plan Cartridges to you solely for printing pages in accordance with these Terms and Conditions. The PIXMA Print Plan Cartridges will only work in your PIXMA Print Plan Printer while you maintain a current subscription for the Service. The PIXMA Print Plan Cartridges will not function in a non-PIXMA Print Plan Printer. Should you not receive your PIXMA Print Plan Cartridges you can track delivery on your Dashboard.

      4. You agree not to remove and replace the Starter Cartridges (or subsequent PIXMA Print Plan Cartridges) in your PIXMA Print Plan Printer with new PIXMA Print Plan Cartridges until prompted to do so by the PIXMA Print Plan Printer.

      5. Your PIXMA Print Plan Printer must be using Starter Cartridges or PIXMA Print Plan Cartridges in order for the PIXMA Print Plan Printer to report your ink level for the Service. Once the Starter Cartridges or PIXMA Print Plan Cartridges are installed in your PIXMA Print Plan Printer, the PIXMA Print Plan Printer will automatically report fill levels of the Starter Cartridges or PIXMA Print Plan Cartridges to Canon Inc. so that Canon Inc. can notify Canon USA when to deliver replacement PIXMA Print Plan Cartridges to you. Changing or replacing a PIXMA Print Plan Cartridge prematurely may result in a delivery delay of PIXMA Print Plan Cartridges

      6. If your Service subscription is canceled for any reason, the PIXMA Print Plan Printer is remotely returned to non-subscription status. You may continue to print using your PIXMA Print Plan Printer with Starter Cartridges or non-PIXMA Print Plan cartridges. You will no longer be able to print with your PIXMA Print Plan Printer using PIXMA Print Plan Cartridges unless you re-enroll in the Service.

      7. Once a PIXMA Print Plan Cartridge is installed in a PIXMA Print Plan Printer, it cannot be removed and installed in a compatible PIXMA Print Plan Printer.

      8. We recommend you follow your state and/or local policies to dispose of and/or recycle any ink cartridges that are no longer operational due to contract cancellation or complete use. https://www.usa.canon.com/internet/portal/us/home/about/environment-sustainability-initiatives/state-e-waste-laws

  5. Choosing a PIXMA Print Plan

    1. a. Selection of a PIXMA Print Plan. When you create your Service Subscription, you will select one of the PIXMA Print Plans available through the Service (each a “Print Plan”) described PIXMA Print Plan. Each Print Plan entitles you to print a specified number of Pages (defined below) associated with the selected Print Plan during each one-month period (each a “Plan Month Period”). Upon enrollment, you may be given Promotional Pages (as set forth below in Section 5(f)) that will expire once the total number of Promotional Pages have been printed or six (6) months following enrollment, whichever is earlier.

      1. For each monthly Print Plan you enroll in, your first Plan Month Period will begin on the day of the month (a) you print your first Page after the Promotional Pages, if any, have been fully utilized, or (b) on the day of the month the Promotional Pages expire, whichever is earlier (Plan start date). If there are no Promotional Pages offered then your Plan start date is your enrollment date.

      2. If you enroll in the Pay As You Print Plan, your first Plan Month Period will begin on the day of the month you print your first Page after the Promotional Pages, if any, have been fully utilized or expire (Plan start date). If there are no Promotional Pages offered, then your Plan start date is the day you print your first Page following enrollment.

      3. The second Plan Month Period begins on the same calendar day as your Plan start date on the following month. If your Plan start date is on a day not contained in a following month, then your Plan Month Period in any of the following months will use the last day of such month. For example, if your Plan start date is January 31st, your first Plan Month Period would start on February 28th, and your second Month Period would begin on March 31st. Your PIXMA Print Plan will continue on a month-to-month basis until your PIXMA Print Plan is canceled

    2. b. Multiple PIXMA Print Plan Printers. You may set up one or more subscriptions for the Service (each a “Service Subscription”) in your Dashboard and enroll multiple PIXMA Print Plan Printers to participate in the Service.

    3. c. Printed Page. A printed Page is a sheet on which any amount of ink (regardless of ink usage or color) is placed by your PIXMA Print Plan Printer. Printing on both sides of a Page is counted as two (2) Printed Pages. A “Page” is the type and size of media referenced in your PIXMA Print Plan Printer’s specifications.

    4. d. Rollover Page(s). If you are enrolled in a monthly PIXMA Print Plan, during any Plan Month Period you do not print all of the Pages available with your Print Plan (“Print Plan Page(s)”), subject to the restrictions set forth below, the remaining Print Plan Pages will be rolled over to the next Plan Month Period (the “Rollover Page(s)”) for your use in that subsequent Plan Month Period. Rollover Page(s) are only available for use in the subsequent Plan Month Period and cannot be rolled over month after month. The availability of any Rollover Page(s) in a Plan Month Period expire at the end of that Plan Month Period. Any unused Rollover Page(s) in your Plan Month Period may not be rolled over to or used in a second Plan Month Period. During each Plan Month Period, you must use your Print Plan Page(s) before any Rollover Page(s) allocated to that Plan Month Period are used. Rollover Page(s) cannot be shared, gifted, transferred or sold. If you are enrolled in the Pay As You Print PIXMA PrintPlan, then you are not entitled to rollover any Pages.

    5. e. Overage Page(s). If during any Plan Month Period you exceed your Print Plan Page(s) and Rollover Page(s), if any, you will be charged for each Page printed over the available Pages (“Overage Page(s)”). The charge for Overage Page(s) will appear on your bill for the Plan Month Period following the month in which the Overage Page(s) are incurred. If you are enrolled in the Pay As You Print PIXMA Print Plan there are no Overage Pages. See PIXMA Print Plan for details about each PIXMA Print Plan.

    6. f. Promotional Pages (if any). During enrollment of a PIXMA Print Plan Printer in the Service, Canon USA may offer promotional pages (“Promotional Page(s)”) for your PIXMA Print Plan. Promotional Page(s) for enrollment, if any, are available one-time only per PIXMA Print Plan Printer. Once your PIXMA Print Plan Printer has been enrolled in the Service, it will not be eligible for additional Promotional Page(s) offered for enrollment, regardless of whether a Service Subscription is suspended or canceled and subsequently renewed. As long as there are Promotional Page(s) remaining in your Service Subscription, charges for each Billing Cycle (defined below) will be delayed.

    7. g. No Transfer of PIXMA Print Plan. You cannot transfer your PIXMA Print Plan to another person.

    8. h. Replacement PIXMA Print Plan Printer. You cannot transfer your PIXMA Print Plan Service Subscription to another PIXMA Print Plan Printer. In order to replace your PIXMA Plan Printer, you must cancel your current Service Subscription and enroll in a new PIXMA Print Plan with the replacement PIXMA Print Plan Printer’s serial number in your Dashboard.

  6. Paying for Your PIXMA Print Plan

    1. a. Commencement of Charges for the PIXMA Print Plan and Billing Cycles.

      1. When you enroll in the PIXMA Print Plan and create your Service Subscription, you will provide Canon USA with a valid credit card.

      2. Your monthly billing cycle (“Billing Cycle”) for the PIXMA Print Plan you are enrolled in will begin on the day of the month your plan starts (Plan start date), as set forth above in Section 5 (Choosing a PIXMA Print Plan Plan) above.

      3. If you are enrolled in a monthly PIXMA Print Plan, the credit card on file in your Dashboard for your Service Subscription will be charged on a monthly basis for the PIXMA Print Plan you are enrolled in, any charges for Overage Page(s) incurred in the previous Plan Month Period, and applicable taxes, fees and surcharges set by federal, state, and local governments.

      4. If you are enrolled in the Pay As You Print PIXMA Print plan, the credit card on file in your Dashboard for your Service Subscription will be charged for the month(s) that you actually print Page(s) under the Pay As You Print PIXMA Print Plan, and applicable taxes, fees and surcharges set by federal, state, and local governments.

      5. Failure to connect your printer to the Internet may cause a delay in charging your credit card for charges incurred by your use of the Service. If you are enrolled in a monthly PIXMA Print Plan, your credit card will be charged on a monthly basis in accordance with your Billing Cycle until your enrollment in the Service is canceled by you or Canon USA.

      6. In the event that Canon USA is unable to collect payment using the credit card on file in your Dashboard for your Service Subscription at the time payment becomes due, Canon USA may temporarily cancel your access to the Service, and the PIXMA Print Plan Cartridges will stop functioning, until payment is received. If Canon USA continues to be unable to collect payment from you, Canon USA will cancel your enrollment in the Service.

      7. You may access your billing information on the Dashboard. You are responsible for all Pages printed on your PIXMA Print Plan Printer while enrolled in the Service, regardless of whether you specifically authorize the printing of any and all Pages under the PIXMA Print Plan.

    2. b. Price Increases. Canon USA may increase or otherwise change the cost of each PIXMA Print Plan and Overage Page(s), and add additional fees, for any PIXMA Print Plan, or otherwise change or add Plans at any time in Canon USA’s sole discretion with prior notice to you in accordance with Section 3 (Changes to these Terms and Conditions and the PIXMA Print Plan). Any such changes to the cost of each PIXMA Print Plan and Overage Page(s) and the addition of other fees will become effective no earlier than the beginning of your next Plan Month Period commencing thirty (30) days after Canon USA’s announcement of such changes or additions.

    3. c. Payment Processor. Canon USA uses a third-party payment processor to process payments for the Service. The processing of payments is subject to any additional terms, conditions, and policies of the payment processor. Canon USA reserves the right to change or add third-party payment processors at its discretion.

  7. Managing your PIXMA Print Plan

    1. a. MyCanon Account Dashboard. The details for the PIXMA Print Plan you are enrolled in will be displayed on the Dashboard on your MyCanon Account page. The Dashboard will provide you with, among other items, the current status of your PIXMA Print Plan Printer(s), number of Pages printed, payment status and transactions or communication regarding the PIXMA print Plan.

    2. b. Customer Support Center. If you need assistance with your PIXMA Print Plan or your Service Subscription, or have questions regarding your monthly charges or the billing process, please check your Dashboard on your MyCanon Account.

    3. c. Changing your PIXMA Print Plan. You may change the PIXMA Print Plan you are enrolled in by following the directions on the Dashboard. If you are moving from a PIXMA Print Plan with a higher Page allowance to a PIXMA Print Plan with a lower Page allowance, the change to your PIXMA Print Plan will become effective the next Plan Month Period and will not retroactively reduce the number of available Page(s) or change the amount you will be charged in the Plan Month Period you choose to change your PIXMA Print Plan. If you are moving from a PIXMA Print Plan with a lower Page allowance to a PIXMA Print Plan with a higher Page allowance, the change to your PIXMA Print Plan will become effective immediately, and the changes will be applied to the Billing Cycle for your current Plan Month Period. Please note that the charge for the new PIXMA Print Plan monthly cost will appear on your bill for the Plan Month Period following the month in which the new PIXMA Print Plan is effective. To view your current PIXMA Print Plan and other details go to the Dashboard.

  8. Cancellation of your PIXMA Print Plan

    1. a. Cancellation by You. You may cancel enrollment in the Service and/or your PIXMA Print Plan subscription at any time online on your Dashboard. Your PIXMA Print Plan subscription will be canceled effective at 11:59 PM ET as of the last day of your current Plan Month Period. No refunds will be provided for unused Print Plan Page(s) or Rollover Page(s) that you did not print during your final Plan Month Period. Simply removing the PIXMA Print Plan Cartridges from your PIXMA Print Plan Printer, not printing Pages, and/or not connecting your printer to the Internet will not cancel your enrollment in the PIXMA Print Plan or modify your Billing Cycle. In order to continue using the PIXMA Print Plan Printer without the Service, you will need to purchase non-PIXMA Print Plan cartridges and install them in the PIXMA Print Plan Printer.

    2. b. Cancellation by Canon USA. Canon USA may cancel your enrollment in the Service and/or your PIXMA Print Plan subscription at any time, in its sole discretion, for any or no reason, upon thirty (30) days notification to you at the email address listed on your MyCanon Account. Reasons for canceling your enrollment in the Service and/or your PIXMA Print Plan may include, but not be limited to, Canon USA ceasing to provide the Service or a particular version, part or feature of the Service. Cancellation by Canon USA may entitle you to a refund of advance payments made if you do not use the Service during the cancellation period. In addition, Canon USA may cancel your PIXMA Print Plan and these Terms and Conditions at any time, in its sole discretion, immediately upon notification to you at the email address listed on your MyCanon account if (i) you breach any of these terms and Conditions (including but not limited to failing to pay for the PIXMA Print Plan or no longer having a valid credit card on file in your Dashboard for your Service Subscription; or (ii) Canon USA, in its sole discretion, believes that you otherwise abused the PIXMA Print Plan or engaged in any action that merits termination of your use of the Service. Any cancellation by Canon USA pursuant to subsections (i) and (ii) immediately above may be without any refund to you of advance payments made.

    3. c. Consequences of Cancellation. You agree that Canon USA will not be liable to you for any cancellation of your PIXMA Print Plan subscription or refusal of access to the Service. Upon cancellation of your PIXMA Print Plan for any reason, any rights granted to you under these Terms of Use will terminate and you must immediately cease all use of the Service and the PIXMA Print Plan Cartridges.

  9. Representations and Obligations

    By enrolling in the Service and selecting a PIXMA Print Plan, you hereby represent that:

    1. a. Enrollment in the Service is for you for your individual use, and not for resale, redistribution or to otherwise share with other parties, and you represent that you will not use the Service on behalf of others where you collect a fee (e.g., in connection with any type of printing or copying business);

    2. b. Activities deemed suspicious, such as ink level discrepancy, print volume and ink usage not matching, or abuse of the print volume by altering, changing, manipulating connection and/or communication will result in immediate termination of your access to the Service;

    3. c. You shall not abuse the Service or otherwise engage in inappropriate activities with respect to the PIXMA Print Plan and the PIXMA Print Plan Cartridge(s), and you represent that you, and not Canon USA, are responsible for anything printed on your PIXMA Print Plan Printer while using the Service;

    4. d. You are responsible for the actions of others who use your Service Subscription or can access modify and update your account information, the Dashboard, or otherwise use your PIXMA Print Plan;

    5. e. You will indemnify Canon USA and hold Canon USA harmless with respect to all claims, liabilities, losses and other costs arising from your breach of these Terms of Use or otherwise related to your use of the Service, the PIXMA Print Plan Cartridges, or the Site.

  10. Warranties and Disclaimers. YOUR ACCESS TO AND USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.

    ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

    EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, CANON USA DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CANON USA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CANON INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANY ONE OF THE CANON INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; or (B) ANY MATTER RELATING TO THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CANON USA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICE. IN NO EVENT WILL THE CANON INDEMNIFIED PARTIES BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL THE CANON INDEMNIFIED PARTIES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE TOTAL LIABILITY OF THE CANON INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO CANON USA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ZUORA, INC., A THIRD–PARTY SERVICE PROCESSOR, PROCESSES YOUR PAYMENT TO CANON USA THROUGH THE USE OF A CREDIT CARD. YOU UNDERSTAND AND AGREE THAT NEITHER ZUORA, INC. NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF CANON USA TO PROVIDE THE SERVICE TO YOU UNDER THESE TERMS AND CONDITIONS OR ANY BREACH OF THESE TERMS AND CONDITIONS BY CANON USA. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF A FAILURE OF THE SERVICE TO YOU UNDER THESE TERMS AND CONDITIONS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION.

  12. Applicable Law. These Terms and Conditions will be governed by and construed according to the laws of the State of New York applicable to contracts which are entered into and performed in New York. You (i) agree that any litigation, action or proceeding relating to these Terms and Conditions must be instituted in any state or federal court in Suffolk County, New York, and (ii) waive any objection which you might have with respect to jurisdiction, venue or forum. Nothing in this Section will affect Canon USA’s right to serve process in any other manner permitted by law or to proceed in any other court in which you are subject to suit.

  13. Entire Agreement. These Terms and Conditions, the Canon USA Terms and Conditions and Canon USA Privacy Statement, and any other site policies constitute the entire agreement between you and Canon USA and govern your use of the Service, superseding any prior agreements between you and Canon USA with respect to the Service. The failure of Canon USA to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign these Terms and Conditions without the prior written consent of Canon USA, but Canon USA may assign or transfer these Terms and Conditions, in whole or in part, without restriction. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

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