Smart-Supply Terms and Conditions | Lexmark United States

Ordering a Lexmark Smart-Supply kit means you agree to all the terms of this agreement. If you are not willing to accept them, do not complete the order.

These terms and conditions form the agreement (the "Agreement") between you ("You" or “Customer”) and Lexmark International, Inc. and its affiliates and subsidiaries ("Company"). The Program is open to legal residents of the 50 United States (and the District of Columbia) who are 18 years and older at the time of enrollment and who are not acquiring cartridges for resale. Lexmark employees and contractors (including members of their households) are not eligible to participate in this program.

1. AGREEMENT TO TERMS. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE LEXMARK SMART-SUPPLY PROGRAM (referred to herein as the "Program"). If you do not agree to these terms and conditions, you may not participate in the Program. Use of the Program signifies your agreement to contract with Lexmark electronically, as well as your agreement to the terms and conditions of use set forth below
2. MODIFICATION OF AGREEMENT. Company reserves the right, at its sole and absolute discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on Lexmark.com. You acknowledge and agree that any use of or other participation in the Program after such notice will be considered Your agreement to be bound by any such changes.
3. SMART-SUPPLY PROGRAM
- HOW IT WORKS
  - You enroll in the Program when you purchase a Welcome Kit from Lexmark.com
  - The Welcome Kit contains cartridges, instructions and a replacement post card for each cartridge.
  - When you install a cartridge and are ready to order a replacement, simply detach the postage-paid replacement post card and drop it in a mailbox.
  - Replacement post cards identify the type of cartridge(s) you are ordering (cartridge number and color) and contain bar codes that are mapped to your Customer account. Upon receipt, Lexmark will send you a replacement cartridge or a replacement of two cartridges, accompanied by another postage-paid replacement post card, and will charge your credit card for the order.
  - There is no cost to join the Program and shipping is free.
  - This Program is only available to Customers living in the U.S.
  - Not all Lexmark printers are available for the Program.
  - Only Lexmark-branded cartridges are available for purchase through the Program.
- OTHER THINGS YOU NEED TO KNOW
  - The postage-paid post cards include an address box. If the address box is checked, Lexmark will NOT automatically send you a cartridge. Instead you will be removed from the Program and a Lexmark customer service representative will contact you to determine if you want to place an order, discontinue participation in the Program or change your Customer account information.
  - Replenishment orders will be sent within 10 business days of receipt of the replacement post card.
  - Standard shipping is the only shipping option.
  - Customers cannot combine cartridge purchases on one post card as each post card is unique to Customer order and part number.
  - Customers will be notified by email when a replacement cartridge is shipped.
4. RIGHT TO CHANGE PROGRAMS. Company may change, suspend or discontinue any aspect of the Program at any time without prior notice. Company may also impose limits on certain features and services or restrict your access to some or all of the Program features without notice or liability. Company reserves the right, in its sole and absolute discretion, to refuse service or cancel Your membership, at any time, with or without cause.
5. CONSENT TO COLLECTION AND USE OF PERSONAL DATA. If you participate in the Program, you agree that Lexmark may collect and use your personal data. Personal data that Lexmark may collect and use includes, but is not limited to your name, address, and email address. Your personal data will be transferred to, processed, and maintained in a database located in the United States. Lexmark will use your personal data to administer the Program. By participating, you further consent to the transfer of the personal data, excluding credit card or payment information to the administrators of the Program from Lexmark.com, which You provide when you purchase eligible cartridges. Lexmark will not rent, sell, or trade your personal data. Lexmark will not disclose Your personal data to any third party, except for the purpose of administering the Program. For more information on Lexmark's privacy practices, please see the Lexmark Privacy Statement.

By participating in the Program, you also agree to participate in the Lexmark Connect, which collects information on the use of your printer.

Finally, by participating in the Program, you also agree that Lexmark may combine the personal data you provide in relation to the Program with information collected by Lexmark using the Lexmark Connect program. The data will be used to help Lexmark understand how customers use their products and to design new products, marketing programs, and offerings.
6. INDEMNIFICATION FOR YOUR BREACH OF AGREEMENT.You hereby agree to indemnify, defend and hold harmless Company, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of Company.
7. NO WARRANTY. PROGRAM CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ("WE" or "OUR") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE PROGRAM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES BY USE OF THE PROGRAM. WE SHALL NOT BE LIABLE FOR THE USE OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WE SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PROGRAM, WHICH RESULTS FROM ACTS OR EVENTS BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS STATED IN THIS SECTION 7 MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF THE USE OF THE PROGRAM. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM LIABILITY COLLECTIVELY OF SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) FOR ANY DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INTENTIONAL CONDUCT AND/OR GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE. >
9. SEVERABILITY. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
10. GOVERNING LAW/DISPUTE RESOLUTION. This Agreement shall be construed under, and governed by, the laws of the Commonwealth of Kentucky without regard to its choice of law principals. Any and all disputes, claims, and causes of action arising out of or connected with this Program, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the arbitration rules of the American Arbitration Association. Arbitration and will take place in Fayette County, Kentucky; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will You be permitted to seek recovery for, and You hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses. You waive any and all rights to have any and all damages multiplied or otherwise increased
11. AGREEMENT TO CONTRACT ELECTRONICALLY. You and Company agree to form this Agreement electronically. This means that when you click the "Submit" button as part of the Program registration process you acknowledge your agreement to these terms and conditions and that you are doing so with the intent to enter a contract with Company.
12. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in the place you sign this Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract.
13. ENTIRE AGREEMENT/OTHER. This Agreement is the entire agreement between you and Company relating to the subject matter of this Agreement. Except as otherwise provided for herein, these terms and conditions supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Program or any other subject matter covered by this Agreement (except to the extent such extraneous terms do not conflict with the terms of this Agreement or any other written agreement signed by you and Lexmark relating to the subject matter of this Agreement). To the extent any Company policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. Section titles used herein are for convenience only and shall not be resorted to in construing it. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
14. NO TRANSFER. You agree that your Lexmark Program account is non-transferable, and any rights to your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.