OVERVIEW

By connecting an eligible printer with Brother International Corporation ("Brother", "us", "our", or "we"), you will gain access to free exclusive benefits including an extended warranty and access to a personalized printer dashboard with the registration of an eligible printer. By connecting an eligible printer, you agree to abide by the below Terms.

By enrolling in Refresh EZ Print Subscription Service or Refresh EZ Auto Reordering Service you will automatically receive these Connected Printer Program benefits. For Terms of Service for Refresh EZ Print Subscription Service or Refresh EZ Auto Reordering Service, click here.

The Brother Connected Printer Program (the "Program") is a free membership Program where Brother customers can gain access to exclusive benefits and register eligible products for extended warranties. The Program is operated by Brother International ("Brother", "us", "our", or "we"). By signing up for or registering a Product in the Program, you agree to abide by the following Terms of the Program ("Terms").

I. SUMMARY OF PROGRAM

1. Agreement to Terms. Your connection to and use of the Brother International Corporation (“Brother”, “US”, or “We”) Connected Printer Program (the “Program”) indicates that you (“Customer” or “You”) have read and accepted Terms. By enrolling in the Program, You are agreeing to all of the terms in this Agreement which is a binding contract with Brother. You acknowledge and understand that all costs related to You maintaining an internet connection and email address are Yours and not part of this Agreement. Furthermore, Brother shall be permitted to contact You by any means with information provided by You when you connect your eligible printer and create a Brother account, if applicable.
2. Customer Data; Monitoring Usage. The Brother Privacy Policy, which may be found at https://www.Brother-Usa.Com/Privacy-Policy governs the collection and use of your data, including usage of the Program. By enrolling in the Program, You authorize Brother to remotely monitor Your printer page count and connection status to improve Your experience with Brother products and services. Remote monitoring includes, without limitation, information related to cartridges supply levels, page counts, page coverage, types of documents printed, types of devices that initiated print jobs, printer serial number, cartridge information, and other similar types of metrics related to your printer as may be added by Brother from time to time (“Remote Monitoring”). Additionally, You agree to allow Brother to share Your personal data with its parent, subsidiary or affiliated corporations. Accordingly, Your personal data will be handled pursuant to their privacy policies, which may differ from Brother's policies and practices. For purposes of this paragraph, “personal data” includes but is not limited to Your name, shipping address, IP address, email, printer model, printer serial number, connected printer usage data, and date of Program registration.
3. Agreement to Contract Electronically. Your enrollment in the Program signifies Your agreement to contract electronically with Brother. This means that when You complete Your enrollment in the Program, You are agreeing to all of the terms in this Agreement with the intent of entering into a binding contract with Brother. In addition, by enrolling in the Program, You agree that Brother may communicate with You by electronic means, such as e-mail, messages on Your printer and computer, Brother mobile application, Brother desktop application, or by posting notices on Brother.com (the “Site”), or on Your Program account page (Your “Printer Dashboard”), Subscription Service account page (Your “Subscription Dashboard”) or Auto Reordering account page (Your “Dashboard”). You agree that all such notices, disclosures, and other communications that Brother provides to You electronically, shall, unless prohibited by law, satisfy any legal requirement that such communications be in writing. As part of this Program, you agree to receive service announcements related to your connected printer, Subscription or Auto Reordering Service, and usage.
4. Customer's Representations and Obligations.
   1. You represent and warrant that You reside in the 48 contiguous United States, are at least eighteen (18) years of age, and have the legal right and authority to enter into this Agreement with Brother and be legally bound by this Agreement;
   2. In connection with the Program, you represent and warrant that any and all information provided by You to Brother including, without limitation, personal data, i.e., name, address, serial number, and email, is true, accurate and complete, and You will notify Brother of any change to such information;
   3. You shall not engage in any illegal or inappropriate activities with respect to the Program. You are solely responsible for anything printed on your printer and for the actions of others who use Your printer; and,
   4. You shall indemnify, defend and hold Brother and its affiliates harmless for any and all claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses), arising out of or in connection with any breach of this Agreement or Your use of the Program or Subscription Program Cartridges.
5. Connection Service Requirements.
   1. E-mail. You must maintain, at Your own expense, a valid email account to receive notices and other information regarding the Program. In order to enroll in the Program, You must create and maintain a Brother account (“Program Account”). You will manage your Program and any service’s through each service’s respective Dashboard. For Refresh Subscription or Auto Reordering, you will manage and pay for your Subscription or Auto Reordering Service through Your applicable Dashboard. You may access Your Subscription or Auto Reordering Dashboard through your Subscription or Auto Reordering Service Account. You may access Your Printer Dashboard through your My Account section of your Brother USA Account.
   2. Compatible Printer.You must have a compatible Brother printer (the “Printer”), in order to use the Program. The Program and each related service may have different printer compatibilities.
   3. Remote Modification. You expressly permit Brother to remotely access and modify Your printer’s software, firmware or programming, without notice to You, in order to provide the Program to You or to comply with applicable laws. Unless otherwise indicated herein, any software or firmware that is downloaded to Your printer or otherwise provided to You to enable use of the Program is provided pursuant to the software licensing terms that accompanied Your printer.
   4. Connection to the Internet. To use the Program without interruption, You agree to (i) maintain connectivity of Your Printer to the Internet; and (ii) not remove or disable any remote monitoring software or functionality on Your printer. Internet service is not provided by Brother. It must be obtained and paid for by You. Accordingly, please contact Your Internet provider for information regarding Internet data usage charges and any other applicable charges. You are responsible for obtaining and maintaining, at Your sole expense, all equipment and services needed to access and use the Program. For Refresh Subscription, if Your printer is not connected to the Internet, the printer will be disabled, and You will not be able to print. However, You will continue to be charged for the Subscription Service as described in Section 8 of the Subscription Addendum (“Payment”), unless and until you cancel your Subscription Service. To reactivate the printer, You will need to reconnect your printer to the internet or contact Brother Customer Support at the Telephone number noted below if you are experiencing technical difficulties. Failure to connect Your printer to the Internet will also impact Brother’s ability to send certain notices to You.
   5. Connected Printer Service Features.
      1. Extended Limited Warranty. An Extended Manufacturer’s limited warranty (“Extended Warranty”) is provided if you enroll an eligible printer in the Program at least three (3) months prior to the expiration of the original manufacturer’s standard limited warranty (“Standard Warranty”). The Extended Warranty will begin immediately following the expiration of your Standard Warranty and continue for six (6) months thereafter, for a total maximum coverage of up to three (3) years. The Extended Warranty terms and conditions are identical to the Standard Warranty terms and conditions, except for the term of the applicable Standard Warranty. Upon cancellation of the Program, the Extended Warranty will be terminated.
      2. The Connected Printer Extended Warranty will be added onto any already existing extended warranty included, but not limited to, the Brother Refresh Subscription Extended Limited Warranty, as long as it does not exceed the total maximum coverage of up to three (3) years.
      3. If a Registrant has exchanged a Registered Product for another product pursuant to the terms of a warranty, that Product Registration for the Registered Product terminates but the exchanged Product is eligible for coverage under the Program.
6. Changes to the Connected Printer Program and this Agreement. Brother reserves the right to change or modify the Program and/or this Agreement at any time in its sole discretion, and may, depending on the nature of the change, provide You notice of such change either on the Site, in Your Service Account, or by email to the address listed in Your Program Account. Your continued use of the Program, after implementation of any change, will be deemed an acceptance of the change. If You do not want to accept the change, your only recourse is to not use the Program and cancel Your Account by following the directions in Section 8 (“Cancellation”) below. Additionally, Brother, in its sole discretion, may stop Your Program and refuse to provide the Program to You and/or cancel Your use of the Program, and may modify, suspend or discontinue the Program, in accordance with the terms stated herein (“Cancellation by Brother”).
7. Managing Your Connected Printer Program.
   1. Your Printer Dashboard. The details of Your Program will be displayed on Your Printer Dashboard, which will provide You with, among other items, the current status of your printers number of pages used, and status of orders & warranties.
   2. Customer Support. If You need assistance with the Program or a service, or Your Program Account, please contact Brother Customer Support during Customer Support Hours, toll free at 855-205-4341.
   3. No Transfer. You cannot transfer your Program or Service to another person.
8. Cancellation.
   1. Cancellation by Customer. You may cancel Your Connected Program or Service through Your Program or Service’s respective Dashboard, or by calling the Customer Service number below. Your printer must be connected to the internet to cancel through the Dashboard. If you are unable to connect your Printer to the internet at the time of Cancellation, you will need to contact Customer Service to complete the cancellation process. When you cancel, Your Subscription Service will be cancelled effective immediately and no refunds will be provided for Plan Pages or Rollover Pages that You did not print during Your last Billing Period. IMPORTANT: Removing the Subscription Service Cartridges from Your Printer, not printing, or disconnecting Your Printer from the Internet does not cancel Your Subscription Service or otherwise stop the Billing Periods. You must cancel your Subscription Service through Your Subscription Dashboard or by contacting Customer Service at (855) 996-0277.
   2. Cancellation by Brother. Notwithstanding the foregoing, in addition to Brother’s rights under Section 6 (“Changes to the Connected Printer Program and this Agreement”), Brother may cancel Your Program at any time in its sole discretion for any or no reason upon thirty (30) days notification to You at the email address in Your Program Account. Such reasons for cancelling your Program may include, but not be limited to Brother ceasing to provide the Program or a particular version, part or feature of the Program. For Refresh Subscription, You may be entitled to a refund of payments made in advance, depending on the reason for cancellation. Furthermore, Brother may, in its sole discretion, cancel Your Program and this Agreement at any time immediately upon notification to You at the email address in Your Program Account if (a) You breach the terms of this Agreement, including, without limitation, disconnecting your device or opting out of Direct Marketing or for Refresh Subscription and Auto Reordering, failing to pay for the Service or no longer having a valid Payment Method, or (b) Brother in its sole discretion believes that You otherwise abused the Program or engaged in any other action that merits termination of Your use of the Program. If Brother cancels Your Subscription Service pursuant to 8(ii)(a) or 8(ii)(b), it may be without any refund to You of advance payments made. If Brother cancels your Subscription account for non-payment, you will still remain responsible for amounts owing at the time of cancellation and any attempt to re-enroll in a Subscription Plan will result in the outstanding amount being billed to the new Payment Method.
   3. Consequences of Cancellation. You agree that Brother will not be liable to You for any cancellation of Your Program or refusal of access to the Program. Upon cancellation of Your Program for any reason, any rights granted to You under this Agreement will terminate.
      IMPORTANT: For Refresh Subscription, all Refresh Subscription Cartridges will cease to function, any ink remaining in those cartridges will be forfeited, and you will need to replace those cartridges with a standard cartridge (i.e., a non-Refresh Subscription Cartridge) at your own cost in order to print from your Printer; and if you are still using a Starter Cartridge, that cartridge may still be used if there is any ink remaining in that cartridge, until depleted. Upon cancellation, Refresh Subscription Cartridges cannot be re-used if you subsequently re-enroll in the Subscription Service.
   4. Notwithstanding your cancellation, Brother will continue to monitor Your Printer for diagnostic and technical issues and to provide product updates and offers after cancellation, unless you opt out of direct marketing via the Brother Preference Center.
   5. Resetting the Printer. Resetting the Printer back to factory settings will not remove the Program functionality or sever the connection to Brother’s servers (for remote monitoring). Accordingly, we recommend that you cancel the Program before giving or selling your printer to another party.
   6. If a Registrant decides to disconnect the device from remote monitoring or no longer receive promotional emails from Brother, or if their membership terminates for any other reason in accordance with these Terms, their registration and all benefits under the Program will terminate (including any extended warranty benefits in relation to Registered Products).
9. General Terms and Conditions.
   1. Intellectual Property Rights. Brother shall maintain any and all rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by Brother. Additionally, Brother will retain exclusive ownership of the Program, Subscription Program Cartridges, Brother, and any other product or service name, slogan or logo contained in or on the Program or Subscription Program Cartridges as those are trademarks of Brother or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brother or the applicable trademark owner. You may not use any metatags or any other hidden text utilizing any trademark of Brother.
   2. No Warranty. YOU AGREE THAT THE PROGRAM AND SUBSCRIPTION PROGRAM CARTRIDGES ARE PROVIDED BY BROTHER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BROTHER DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. FURTHERMORE, BROTHER DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM, WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED, AND MAKES NO WARRANTIES REGARDING THEIR TIMELINESS, ACCURACY OR RELIABILITY. Please note that some jurisdictions may not permit the exclusion of implied warranties; so, some of the above exclusions may not apply. However, the disclaimers will apply to the maximum extent permitted by applicable law.
   3. Limitations of Liability and Remedies. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE PROGRAM OR ANY PART THEREOF YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BROTHER, ITS AFFILIATES OR SUCCESSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFIT, LOST REVENUE, DOWNTIME COSTS, LOST DATA OR OTHER CONTENT) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PROGRAM WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF BROTHER, ITS SUCCESSORS, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of particular types of damages, so the above limitation or exclusions may not apply to You in their entireties but will apply to the maximum extent permitted by applicable law.
   4. Compliance with Laws. You agree to comply with all applicable laws and regulations, including, without limitation, export control laws and regulations in the U.S. and other applicable countries’ (“Export Laws”), to ensure that the Program, the Subscription Program Cartridges, and any related materials, including without limitation, technical data, are not (a) exported or re-exported, directly or indirectly, in violation of Export Laws, or (b) used for any purpose prohibited by Export Laws, including without limitation nuclear, chemical or biological weapons proliferation. Notwithstanding the foregoing, You agree that the Program, the Subscription Program Cartridges, and related materials may not, in violation of any Export Laws or other applicable laws or regulations, be exported or re-exported (i) into any U.S. embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
   5. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey applicable to agreements entered into and performed wholly within the State of New Jersey, and without regard to its conflict of law principles. Further, in any arbitration pursuant to Subsection 9(vi), below, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under New Jersey law.
   6. Dispute Resolution: Agreement to Arbitrate Disputes, Waiver of Class Arbitration, Governing Law, Enforcement of Arbitration Award, Severability, and Jurisdiction. Agreement to Arbitrate Disputes:
      1. Any and all disputes, controversies, demands, counts, claims, or causes of action between you and Brother, including, but not limited to, disputes related in any way to the interpretation and scope of this clause, the Brother Privacy Policy and Program, and the arbitrability of the dispute, shall exclusively be settled through binding and confidential arbitration. THERE'S NO JUDGE OR JURY IN ARBITRATION, PROCEDURES FOR ARBITRATION ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND REVIEW BY A COURT IS LIMITED.
      2. Arbitration shall be subject to the Federal Arbitration Act and shall be conducted by the American Arbitration Association (AAA) before one commercial arbitrator. Information on AAA, its Rules and Procedures, and how to start arbitration can be found at http://www.adr.org or by calling 800-778-7879. The conduct of the arbitration shall be subject to AAA's then-current rules and procedures for commercial arbitration and, if the arbitrator deems it appropriate, the then-current supplementary rules and procedures for consumer-related disputes (collectively, Rules and Procedures). YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Brother will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Brother also reserves the right, in its sole and exclusive discretion, to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision or remedy under the governing law that requires the prevailing party to be paid attorneys' fees and expenses.
      3. Opt-out of Arbitration: You may elect to exclude yourself from the agreement to arbitrate by sending a letter (an “Opt-Out Notice”) by first class United States mail to: 200 Crossing Boulevard, Bridgewater, NJ, 08807, Attention: General Counsel, Arbitration Opt-Out for the Program. The Opt-Out Notice must include: (1) your first and last name; (2) your postal mailing address; (3) phone number; (4) email address; (5) a clear statement that you do not wish to resolve disputes with us through arbitration. You must personally sign the Opt-Out Notice (and not your counsel, an agent or other representative).
      4. Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or Brother's intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court located in Somerset county, New Jersey, and consistent with the Governing Law subsection (9)(v), above, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or Brother may take the dispute to small claims court if the dispute qualifies for small claims court.
      5. Waiver of Class Action Participation: To the fullest extent permissible under applicable law, all disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes shall be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise. You further acknowledge and agree that any arbitrator assigned to a dispute shall not and lacks the authority to conduct class arbitration or award class-wide relief and that such arbitrator shall only hear your individual dispute. You acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative of any class of claimants pertaining to any dispute subject to arbitration, such that you shall not be entitled to arbitrate any dispute as a representative plaintiff or claimant, class representative, class member, or private attorney general.
      6. Enforcement of Arbitration Award: The arbitrator's award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
      7. Severability: If any portion of this Dispute Resolution section (with the exception of the Waiver of Class Arbitration subsection) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from the Terms, and the remaining portions (including the Agreement to Arbitrate Disputes subsection) shall remain binding on you and Brother. If any arbitrator deems the Waiver of Class Arbitration subsection to be invalid or unenforceable, then the entire Agreement to Arbitrate Disputes subsection shall be null and void. Under such circumstances, you expressly acknowledge and agree that the Governing Law subsection applies to any disputes between you and Brother, and both parties consent to exclusive jurisdiction and venue in a state or federal court of competent jurisdiction in Somerset county, New Jersey.
   7. Entire Agreement. This Agreement contains the entire agreement and understanding between You and Brother in reference to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express or implied, verbal or written, between the parties other than as expressly set forth in this Agreement.
   8. Miscellaneous. Brother’s failure to exercise or delay in exercising, any right or remedy hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or a future exercise thereof or the exercise of any other right or remedy granted hereby, or by any related document, or by law. If any provision of this Agreement shall be declared invalid or illegal for any reason whatsoever, then notwithstanding such invalidity or illegality, the remaining terms and provisions of this Agreement shall remain in full force and effect in the same manner as if the invalid or illegal provision had not been contained herein. You shall not, assign or transfer this Agreement, whether by operation of law or otherwise. The headings in this Agreement are for convenience of reference only and shall not control or affect the meaning or construction of this Agreement. This Agreement shall be interpreted without application of any strict construction in favor of either party. Without limiting any other provision in this Agreement, Brother shall not be liable for any failure of the Program, or Subscription Program Cartridges which results from acts or events beyond its reasonable control. All terms in this Agreement that by their nature would survive termination of this Agreement upon cancellation of Your Program, will survive termination, including, without limitation, limits on liability, applicable law and Your payment obligations.