CarePAK PLUS Terms & Condition

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DISPUTE RESOLUTION: The parties will attempt to resolve any dispute arising out of or related to these Program Terms or any
data recovery services requested or attempted hereunder through good faith negotiation. To the extent permitted by applicable law, if
the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding
arbitration with the Judicial Arbitration and Mediation Services. Each party will bear its own costs in arbitration, provided that We
reserve the right, in Our discretion, to pre-pay certain fees You may incur in connection with the arbitration subject to refund if You do
not prevail. Both parties waive their rights to a jury trial. All proceedings will take place in New York County, New York, USA. The
laws of the State of New York will exclusively govern these Terms and Conditions and Our provision of any data recovery services,
without regard to New York's conflicts of laws rules. You consent to the exclusive jurisdiction of the courts located in New York County,
New York, USA.
IMPORTANT CONSUMER INFORMATION: If Your Equipment is exchanged by the OEM or Retailer, You should advise Us as soon
as practicable the make, model, and serial number of the exchanged product. You can do this by either calling Us at 1-800-OK-
CANON, or by writing us at Customer Support, One Canon Park, Melville, NY 11747.. Please note that in the event of such exchange,
the term of Your originally purchased Service Plan remains in effect and does not automatically extend.
LEGAL RIGHTS; INDEMNITY: You warrant that You are the legal owner or the authorized representative of the owner of the
Equipment and data submitted to Us for service under this Service Plan. You warrant that the data on the Equipment is legal and that
You have the unrestricted legal right to (a) grant access to the data, (b) have the data recovered and reproduced on a backup
medium, (c) receive the recovered data, and (d) agree to these Service Plan Terms. You will defend, indemnify, and hold Us (including
the directors, officers, employees, agents, delegates, and Our contractors, respectively) harmless from any claims or actions relating to
the Equipment or data, or Your rights or lack of rights thereto.
COMPLIANCE WITH LAWS: You agree to comply with all such laws and regulations and all other applicable laws, statutes,
ordinances and regulations relating to the use of recovered media or data on Your Equipment. You acknowledge that a violation of the
terms and conditions of this section could subject You to criminal or civil penalties. The media files or data licensed or provided, or
services provided, under this program, which may include technology and software, are subject to the customs and export control laws
and regulations of the U.S. and may also be subject to the customs and export laws and regulations of the country in which Your
Equipment is manufactured or received. Further, under U.S. law, such goods may not be sold, leased or otherwise transferred to
restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction
including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities,
missiles or supporting missile projects, or chemical or biological weapons. You warrant You are not a restricted end-user or involved in
any of the restricted activities described above, and that You will comply with and abide by these laws and regulations. We reserve the
right to refuse service for, or return back to You, any Equipment that has been determined to violate these regulations.
CONFIDENTIALITY OF YOUR DATA: We will use any information provided by You only for the purposes of fulfilling Our obligations
under this Service Plan and will use Our best efforts to hold Your information in the strictest confidence while it is in Our possession,
unless otherwise required by law or directed by law enforcement officials.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND GUARANTEES: WE PROVIDE THIS SERVICE PLAN AND ANY SERVICES PROVIDED OR
ATTEMPTED HEREUNDER “AS IS,” WITH ALL FAULTS, AT YOUR SOLE RISK. WE DO NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS,
CONDITIONS OR GUARANTEES REGARDING THIS SERVICE PLAN OR ANY RESULTS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW AND SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY
OF ACCURACY OR COMPLETENESS WITH RESPECT TO THIS SERVICE PLAN.
ENTIRE AGREEMENT: This Service Plan; including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt
for Your Product, constitute the entire agreement between Us and You and no representation, promise or condition not contained
herein shall modify these items, except as required by law.
THIS AGREEMENT IS NOT A SERVICE CONTRACT OR AN INSURANCE POLICY, CERTIFICATE OR CONTRACT.
THIS AGREEMENT DOES NOT PROVIDE (A) REPAIRS TO OR REPLACEMENTS OF ANY TANGIBLE
EQUIPMENT OR PROPERTY; WHETHER OR NOT SUCH DAMAGES ARISE FROM A MANUFACTURER DEFECT
OR NORMAL WEAR AND TEAR, OR (B) INDEMNIFICATION OR PAYMENT FOR DAMAGES TO ANY PROPERTY
CAUSED BY OR ARISING FROM FORTUITOUS EVENTS.