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BROTHER INTERNATIONAL CORPORATION CONNECT TO SERVER TERMS OF USE

YOUR USE OF THE BROTHER INTERNATIONAL CORPORATION CONNECT TO SERVER INDICATES THAT YOU HAVE READ AND ACCEPTED THESE “BROTHER INTERNATIONAL CORPORATION CONNECT TO SERVER TERMS OF USE” AND AGREE TO BE LEGALLY BOUND BY THE TERMS SET FORTH BELOW.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT SETS FORTH CERTAIN RIGHTS AND OBLIGATIONS BETWEEN US.
  1. Agreement to Terms
    Customer’s enrollment in the Brother Connect to Server (“CTS”) indicates Customer’s agreement with Brother through electronic means. When You click to “OK” to accept this Agreement, 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 Customer by any means with information provided by You while setting up Your account. You further agree that all such communications, disclosures or notices from Brother in any format shall be deemed communications in writing.
  2. Customer Data
    The Brother Privacy Policy, which may be found at 
    Brother Privacy Policy
     governs the collection, use and disclosure of your personal data in connection with the Connect to Server. By enrolling in the Connect to Server, You authorize Brother and/or its service providers, including but not limited to its authorized resellers and/or any managed print services software and/or service providers (“authorized companies”) to remotely monitor Your printer page count, consumable levels and status, and Your usage of the CTS to provide the Services and improve Your experience with Brother products and services. Remote monitoring includes, without limitation, information related to Your printer consumables’ 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 CTS as may be added by Brother from time to time (“Remote Monitoring”). Additionally, You agree that Brother may share Your personal data with its parent, subsidiary, affiliated corporation, or authorized companies for the purposes described above. You also agree that if You connect any other devices to your data collection agent account that is connected to your CTS account, then information shared from such devices will be visible to Brother. For purposes of this paragraph, “personal data” includes but is not limited to Your name, shipping address, email, IP address, printer model, printer serial number, usage data, and date of CTS registration.
  3. Agreement to Contract Electronically
    Your use of the CTS signifies Your agreement to contract electronically with Brother. This means that when You press the Connect to Server okay button you agree to this Agreement, You are agreeing to all of the terms in this Agreement with the intent of entering into a binding contract with Brother. In addition, Brother may communicate with You on any information or notices regarding the Connect to Server through its authorized companies. You agree that all such notices, disclosures and other communications that Brother provides to You through its authorized companies, either electronically or other method of communication, satisfies any legal requirement that such communications be in writing.
  4. Customer's Representations and Obligations
    4.1. You are at least the age of majority and have the legal right and authority to enter into this Agreement with Brother and be legally bound by this Agreement;
    4.2. In connection with the CTS, any and all information provided by You to Brother in connection with the CTS, including, without limitation, personal data, i.e., name, address, serial number, and email information, is true, accurate and complete, and You will notify Brother of any change to such information;
    4.3. You shall not engage in inappropriate activities with respect to the CTS . You are solely responsible for anything printed on your Printer and for the actions of others who use Your CTS; and
    4.4. 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 CTS.
  5. CTS Requirements
    5.1. Compatible Printer. You must have a Connect to Server compatible Brother printer (the “Printer”), in order to use the CTS. 5.2. Remote Modification. You expressly permit Brother to remotely modify Your Printer’s software, firmware or programming, without notice to You, in order to provide the CTS Service to You or to comply with applicable laws. Unless otherwise indicated, any software or firmware that is downloaded to Your Printer or otherwise provided to You to enable the CTS is provided pursuant to the software licensing terms that accompanied Your Printer. The default administrator printer password will change when the printer is connected to the Brother Connect to Server service. 5.3. Connection to the Internet. To use the Connect to Server 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 Customer. 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 CTS. 5.4. Printer Consumables 5.4.1. You are not permitted to use other cartridges with your Printer. You are only permitted to use Brother Genuine consumable cartridges. 5.4.2. Your Printer will automatically report fill levels of your consumable cartridges to Brother or its authorized reseller or affiliate company so that they know when to deliver replacement Brother Genuine consumables to You via the agreement you have in place with the applicable authorized reseller.
  6. Changes to the Connect to Server and this Agreement
    To the fullest extent permitted by applicable law, Brother reserves the right to change the CTS and/or this Agreement at any time in its sole discretion. Subject to any notice periods, cancellation and/or termination rights set out in Brother notices, Your continued use of the CTS 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 CTS and stop your use of the CTS. Additionally, Brother, in its sole discretion, may stop Your use of the CTS and refuse to provide the CTS to You and/or cancel Your use of the CTS, and may modify, suspend or discontinue the CTS in accordance with the terms stated herein (“Cancellation by Brother”).
  7. Cancellation
    7.1. Cancellation by Customer. You may cancel Your Connect to Server by contacting Your Brother authorized reseller. 7.2. Cancellation by Brother. Notwithstanding the foregoing, in addition to Brother’s rights under this Agreement (“Changes to the Connect to Server and this Agreement”), Brother may, to the fullest extent permitted by applicable law, cancel Your Connect to Server at any time in its sole discretion for any or no reason without notification to You. Such reasons for cancelling your CTS may include, but not be limited to Brother ceasing to provide the CTS or a particular version, part or feature of the CTS. Furthermore, Brother may, in its sole discretion, cancel Your CTS and this Agreement at any time immediately upon notification to You at the email address in Your Service Account if (i) You breach the terms of this Agreement; or (ii) Brother in its sole discretion believes that You otherwise abused the CTS or engaged in any other action that merits termination of Your use of the CTS. 7.3. Consequences of Cancellation. You agree that, to the fullest extended permitted by applicable law, Brother will not be liable to You for any cancellation of Your CTS or refusal of access to the CTS. Upon cancellation of Your CTS for any reason, any rights granted to You under this Agreement will terminate. Notwithstanding your cancellation, Brother may continue to monitor Your Printer , after cancellation, unless you contact your authorized reseller or Brother and request that we cease doing so.
  8. General Terms and Conditions
    8.1. 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 CTS and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the CTS. Brother, and any other product or service name, slogan or logo contained in or on the CTS 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. 8.2. No Warranty. Please note that some jurisdictions may not permit the exclusion of implied warranties; so, some of the exclusions below may not apply. However, the disclaimers will apply to the fullest extent permitted by applicable law. YOU AGREE THAT THE CTS 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 REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NONINFRINGEMENT. FURTHERMORE, BROTHER DOES NOT REPRESENT OR WARRANT THAT THE CTS WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED, AND MAKES NO WARRANTIES REGARDING THEIR TIMELINESS, ACCURACY OR RELIABILITY. 8.3. Limitations of Liability and Remedies. Some jurisdictions do not allow the exclusion or limitation of particular types of damages, so the limitation or exclusions below may not apply to You in their entireties but will apply to the fullest extent permitted by applicable law. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE CTS OR ANY PART THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CTS. 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 CTS, WHETHER BASED IN CONTRACT, TORT, EXTRA-CONTRACTUAL LIABILITY, 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. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT BROTHER, ITS AFFILIATES, OR SUCCESSORS, ARE HELD LEGALLY LIABLE TO YOU, BROTHER'S, ITS SUCCESSORS’, AND AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO $500.00. CTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. 8.4. Compliance with Laws. You agree to comply with all applicable laws and regulations, including, without limitation, export control laws and regulations in the United States and other applicable countries’ (“Export Laws”), to ensure that the CTS 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 CTS 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 embargoed countries or countries the United States has sanctions against. 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. 8.5. Third Party Materials. Third party content, may offer, products, services and/or other materials, which are made available through the CTS (“Third Party Materials”), and You agree that Brother is not liable for Third Party Materials. Your use of such materials is at Your own risk and may be subject to additional terms. Brother is not liable for Third-Party Materials made available through them. 8.6. Governing Law. Except to the extent prohibited by applicable law, this Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey, without regard to conflict of law principles, and the laws of the United States applicable therein, and any dispute shall be submitted exclusively to the courts of competent jurisdiction in the State of New Jersey. 8.7. 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. 8.8. 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 CTS 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 CTS, will survive termination, including, without limitation, limits on liability and applicable law.

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