Refresh Terms & Conditions

Customer’s enrollment in the Brother Refresh EZ Subscription Service ("Subscription Service") indicates Customer’s agreement with Brother through electronic means. When You click to complete Your enrollment in the Subscription Service, 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.

The Brother Privacy Policy, which may be found at https://www.brother.ca/en/privacy-policy governs the collection, use and disclosure of your personal data in connection with the Subscription Service. By enrolling in the Subscription Service, You authorize Brother to remotely monitor Your printer page count and status, and Your usage of the Subscription Service, to provide the Subscription Service and improve Your experience with Brother products and services. Remote monitoring includes, without limitation, information related to Your Subscription Program Cartridges (as defined in Section 5.5.1) 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 Subscription Service 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 or affiliated corporations and its subscription billing system provider for the purposes described above. For purposes of this paragraph, "personal data" includes Your name, shipping address, email, printer model, printer serial number, Subscription Service plan and usage data, and date of Subscription Service registration.

Your enrollment in the Subscription Service signifies Your agreement to contract electronically with Brother. This means that when You click the button to complete Your enrollment in the Subscription Service, 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 by e-mail, by text message, messages on Your printer and computer or by posting notices on https://refresh.brother.ca/Dashboard (the "Site"), or on Your Subscription Service account page (Your "Dashboard"). You agree that all such notices, disclosures and other communications that Brother provides to You electronically satisfy any legal requirement that such communications be in writing.

• 4.1. You reside in Canada, excluding the following three territories: Northwest Territories, Nunavut, and Yukon, are at least the age of majority in your province or territory of residence, 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 Subscription Service, any and all information provided by You to Brother in connection with the Subscription Service, including, without limitation, personal data, i.e., name, address, serial number, email, and Payment Method 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 Subscription Service. You are solely responsible for anything printed on your Printer and for the actions of others who use Your Subscription Service;

• 4.4. You do not intend to use the Subscription Service for any government related use nor are you purchasing the Subscription Service in Your capacity as a government employee; and

• 4.5. 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 Subscription Service or Subscription Program Cartridges.

• 5.1. E-mail. Customer must maintain, at Customer’s own expense, a valid email account to receive notices and other information regarding the Subscription Service. In order to enroll in and receive the Subscription Service, You must create and maintain a Brother account ("Service Account"). You will manage and pay for your Subscription Service through Your Dashboard. You may access Your Dashboard through your Service Account.

• 5.2. Compatible Printer. You must have a Subscription Service compatible Brother printer (the "Printer"), in order to use the Subscription Service.

• 5.3. 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 Subscription 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 Subscription Service is provided pursuant to the software licensing terms that accompanied Your Printer or pursuant to the Brother Connected terms of use, as applicable.

• 5.4. Connection to the Internet. To use the Subscription Service 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 Subscription Service. 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 7 ("Payment"). In order 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 and will impact the timeliness of Your being billed for the Subscription Service.

• 5.5. Subscription Program Cartridges.

• 5.5.1. A "Subscription Program Cartridge" may be either a printing cartridge (i) included in the purchase of a Brother Printer that may be used for the Subscription Service upon activation, or (ii) that is sent to you upon enrollment in the Subscription Service if not included with your Printer. Subscription Program Cartridges are unique to the Subscription Service and may not be used outside the Subscription Service.

• 5.5.2. It is imperative that Brother has Your most recent mailing address in order for Brother to deliver Subscription Program Cartridges to You. It is Your responsibility to ensure that your mailing address is accurate. If you fail to update your mailing address, Brother will not be responsible to You or otherwise liable for sending the Subscription Program Cartridges to the mailing address that appears in Your Service Account; You may update Your mailing address, as necessary, through Your Dashboard.

• 5.5.3. Brother retains all ownership rights and interests in the Subscription Program Cartridges. The Subscription Program Cartridges are provided to You solely to enable Your use of the Subscription Service. Accordingly, the Subscription Program Cartridges shall only be used with the Printer, as defined herein. You are not permitted to use the Subscription Program Cartridges with any other printer, outside the scope of the Subscription Service, or sell or otherwise provide the Subscription Program Cartridges to others.

• 5.5.4. Furthermore, you are not permitted to use other cartridges with your Printer; You are only permitted to use Subscription Program Cartridges. If You use other cartridges with your Printer, such printing may count towards your Plan Pages and Overages, as defined below.

• 5.5.5. You should remove Your Subscription Program Cartridge from Your Printer and replace it with a new cartridge only when prompted by Your Printer to do so or if Your print quality reduces. Your Printer will automatically report fill levels of Your Subscription Program Cartridges to Brother so that Brother knows when to deliver replacement Subscription Program Cartridges to You.

• 5.5.6.Upon cancelation of your participation in the Subscription Service, the Subscription Program Cartridges will cease to function. You will need to replace the cartridge(s) with a standard cartridge(s) in order to print.

• 6.1. Selecting a Plan. You will select a Subscription Service plan ("Plan") described on the Registration Website. Each Plan entitles You to print the specified number of pages ("Plan Pages") during each month ("Plan Month") for a fee ("Plan Fee").

• 6.2. Printed Page. A page upon which any amount of ink /toner is placed by your printer is a printed page ("Printed Page"). Printing on both sides of the same sheet of paper counts as two (2) pages.

• 6.3. Rollover Pages. If during any Billing Period You do not print all of Your Plan Pages, then, subject to the maximum described in the following sentence, the number of unused Plan Pages You had for that Billing Period will roll-over ("Rollover Pages") and be available for Your use in subsequent Billing Periods only. The total number of Rollover Pages that You have available to You through the Service in each Billing Period may not exceed twice the number of Plan Pages to which You are entitled under Your Plan. For example, if Your Plan entitles You to print two hundred (200) pages each month, then You may have a total of up to four hundred (400) Rollover Pages in Your Service Account each month; any additional unused pages that You may have that exceed that number would not become Rollover Pages and may not be used by You in subsequent Billing Periods. During each of Your Billing Periods, Your Plan Pages will be exhausted from Your Service Account before Your Rollover Pages are used. Rollover Pages may not be available, or may be added to Your Service Account, during certain promotional offers; see applicable terms and conditions for more information. If your selected Plan includes a bonus offer of additional pages for no additional cost to be used for a specified time ("Bonus Pages"), any Bonus Pages that remain unused at the end of the stated period will be lost and not rolled over to the next Billing Period.

• 7.1. Charges; Billing Period.

• 7.1.1. When You create Your Service Account, You will provide Brother with a valid credit card or any other form of payment accepted by Brother ("Payment Method").

• 7.1.2. Your monthly Billing Period ("Billing Period") for the Subscription Service will begin when the service is activated upon insertion of the Subscription Program Cartridges, even if your selected plan includes a free trial period ("Service Activation").

• 7.1.3. At the end of each Billing Period, beginning the month of Your Service Activation, Your Payment Method will be charged on a monthly basis for (i) the amount of Your Plan Fee, (ii) any charges for additional pages over and above your Plan ("Overages"), and (iii) any applicable taxes, fees and surcharges set by federal, provincial and local governments ("Taxes"), (collectively, "Your Monthly Fee"). For example, if Your Billing Period starts on January 15th, Your Payment Method will be charged on or after February 15th for Your Monthly Fee.

• 7.1.4. Unless otherwise separately specified, for each month that You print more than the number of Your Plan Pages, Your Payment Method will be charged for the Overages associated with those additional pages. For example, if Your Plan entitles You to print one hundred (100) pages for a Plan Fee of $17.99 and thereafter pay $3.00 for each multiple of ten (10) pages, and if You print a total of one hundred and eighteen (118) pages in a Billing Period, then Your Payment Method would be charged the Monthly Fee of $17.99 plus $6.00 in Overage Charges, for a total of $23.99, plus Taxes. Overages apply to all Plans as well as free trials periods. This means that if you accept an offer for a Plan that allows you to try the Plan at no cost for a specified period of time with a stated page allotment (e.g., 100 pages during a 30 day free trial), if you print more than 100 pages during the free trial period, your Payment Method will be billed for each additional page set over the 100 included pages, per the Plan you selected.

• 7.1.5. Failure to connect Your Printer to the Internet may result in additional charges to Your Payment Method for portions of Your Monthly Fee which may be due. In addition to the charges described in the preceding sentence, Brother will continue to charge Your Payment Method on a monthly basis for Your Monthly Fees until Your Subscription Service is canceled by You or Brother.

• 7.1.6. Brother may temporarily cease your access to the Subscription Service, if Brother is unable to collect payment from Your Payment Method at the time payment becomes due. The Printer and Subscription Program Cartridges will stop functioning, until payment can be collected. Additionally, if Brother is unable to collect payment from You, Brother will cancel Your Subscription Service and terminate this Agreement.

• 7.2. Price Increases. In accordance with Section 8 ("Changes to the Subscription Service and this Agreement"), Brother may modify, e.g., increase the Plan Fee and Overages, and/or other fees, for any Plan, or otherwise change or add Plans at any time and will provide you with notice of such price increases.

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

• 7.4. Extended Limited Warranty. An Extended Manufacturer’s limited warranty ("Extended Warranty") is provided with all Subscription Service plans, if you enroll in the Subscription Service 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, depending upon the Subscription Service plan that you enrolled in, for one (1) or two (2) years 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 a Subscription Service plan the Extended Warranty will be terminated. The Extended Warranty benefit under the Subscription Service cannot be combined with or extend the length of any separate extended warranty benefits under a different Brother program. For example, if an individual is enrolled in the Subscription Service (and eligible for a 1 year extended warranty) and also enrolled in another Brother loyalty or subscription program at the same time (such as Brother Care, under which they are eligible for a 6 month extended warranty), these benefits run concurrently (and the individual will have a 1 year extended warranty, not a 1.5 year extended warranty). See Brother Care Program Terms And Conditions for terms and conditions for Brother Care Program.

To the fullest extent permitted by applicable law, Brother reserves the right to change the Subscription Service 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 Service Account. Subject to any notice periods, cancellation and/or termination rights set out in Brother notices, Your continued use of the Subscription Service 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 Subscription Service and cancel Your Account by following the directions in the applicable notice or in accordance with Section 10 ("Cancellation") below. Additionally, Brother, in its sole discretion, may stop Your Subscription Service and refuse to provide the Subscription Service to You and/or cancel Your use of the Subscription Service, and may modify, suspend or discontinue the Subscription Service in accordance to the terms stated herein ("Cancellation by Brother").

• 9.1. Your Dashboard. The details of Your Subscription Service will be displayed on Your Dashboard, which will provide You with, among other items, the current status of your Subscription Service printers, number of pages used, and payment status.

• 9.2. Customer Support. If You need assistance with the Subscription Service, or Your Service Account, or have questions regarding Your Monthly Fees or the billing process, please contact Brother Customer Support during Customer Support Hours.

• 9.3. Changing Your Plan. You may change Your Plan by following the directions on Your Dashboard. If you change to a lower Plan, the change will become effective as of the beginning of Your next Billing Period and will not retroactively apply. If you increase to a higher Plan, changes will become effective immediately upon Your receipt of confirmation. Thus, any applicable Overages will not apply. Additionally, the total number of Rollover Pages that You have available to You through the Service in each Billing Period may not exceed twice the number of Plan Pages to which You are entitled under Your Plan; thus, changing Your Plan may impact the number of Rollover Pages available to You in Your new Billing Period. For example, if Your Plan entitles You to print one hundred (100) pages in June and You upgrade to a three hundred (300) page Plan in July, and You have two hundred (200) Rollover Pages from the month of June, two hundred (200) Rollover Pages will be available to You in July, since You are within the Rollover Page limits of Your current Billing Period. If You are on a three hundred (300) page Plan in June and You reduce Your Plan to a one hundred (100) page Plan in July, and You have 300 Rollover Pages from the month of June, since You are not within the Rollover Page limits of Your current Plan, only two hundred (200) Rollover Pages will be available to You in July, which represents twice the number of Plan Pages to which You are entitled for the month of July. To view Your current Plan and other details, refer to Your Dashboard.

• 9.4. No Transfer. You cannot transfer your Subscription Service to another person.

• 9.5. Multiple Printers. One Subscription Service account may enroll up to a maximum of ten (10) individual printers. Each enrolled printer will require its own Plan which will be billed under one singular Subscription Service account. There is no discount offered for registering multiple printers with each Plan billed to the Subscription Service account at the current advertised rates which can be found at https://www.brother.ca/en/refresh. By way of example, if you have 3 printers that you wish to enroll in the Subscription Service, you must select a plan for each printer. More specifically, if you select the Occasional Plan for Printer 1 at a cost of $4.99/month, the Moderate Plan for Printer 2 at a cost of $12.99/month, and the Power Plan for Printer 3 at a cost of $36.99/month, your Subscription Service account will be billed $54.97/month, plus any applicable taxes and fees.

• 10.1. Cancellation by Customer. You may cancel Your Subscription Service through Your Dashboard. Your Printer must be connected to the internet in order 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. Your Subscription Service will be canceled effective immediately. Your Payment Method will be charged in full, and no refunds will be provided for Plan Pages or Rollover Pages that You did not print during that last Billing Period. Removing the Subscription Program 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 Dashboard or by contacting Customer Service.

• 10.2. Cancellation by Brother. Notwithstanding the foregoing, in addition to Brother’s rights under Section 8 ("Changes to the Subscription Service and this Agreement"), Brother may, to the fullest extent permitted by applicable law, cancel Your Subscription Service 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 Service Account. Such reasons for cancelling your Subscription Service may include, but not be limited to Brother ceasing to provide the Subscription Service or a particular version, part or feature of the Subscription Service. You may be entitled to a refund of payments made in advance. Furthermore, Brother may, in its sole discretion, cancel Your Subscription Service 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, including, without limitation, failing to pay for the Subscription Service or no longer having a valid Payment Method; or (ii) Brother in its sole discretion believes that You otherwise abused the Subscription Service or engaged in any other action that merits termination of Your use of the Subscription Service. If Brother cancels Your Subscription Service pursuant to 10.2(i) and 10.2(ii) may be without any refund to You of advance payments made. If Brother cancels your 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 Plan will result in the outstanding amount being billed to the new Payment Method.

• 10.3. Consequences of Cancellation. You agree that, to the fullest extent permitted by applicable law, Brother will not be liable to You for any cancellation of Your Subscription Service or refusal of access to the Subscription Service. Upon cancellation of Your Subscription Service for any reason, any rights granted to You under this Agreement will terminate. Brother will continue to Remotely Monitor Your Printer after cancellation unless you contact Brother Customer Support and request that we cease doing so. Upon cancelation, the Subscription Program Cartridges will cease to function. You will need to replace the cartridge(s) with a standard cartridge(s) in order to print.

• 10.4. Resetting the Printer. Resetting the Printer back to factory settings will not remove the Subscription Service functionality or sever the connection to Brother’s servers (for remote monitoring). Accordingly, we recommend that you cancel the Subscription Service before giving or selling your printer to another party.

• 11.1. 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 Subscription Service, Subscription Program Cartridges, and the Registration Website and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation and techniques relating to the Subscription Service, Subscription Program Cartridges, and the Registration Website. Brother, and any other product or service name, slogan or logo contained in or on the Subscription Service, Subscription Program Cartridges, or the Registration Website 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.

• 11.2. 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 SUBSCRIPTION SERVICE, SUBSCRIPTION PROGRAM CARTRIDGES, AND THE REGISTRATION WEBSITE 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 SUBSCRIPTION SERVICE, SUBSCRIPTION PROGRAM CARTRIDGES, OR THE REGISTRATION WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR THAT DEFECTS WILL BE CORRECTED, AND MAKES NO WARRANTIES REGARDING THEIR TIMELINESS, ACCURACY OR RELIABILITY.

• 11.3. 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 SUBSCRIPTION SERVICE OR ANY PART THEREOF INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION PROGRAM CARTRIGES OR REGISTRATION WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUBSCRIPTION SERVICE. 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 SUBSCRIPTION SERVICE, SUBSCRIPTION PROGRAM CARTRIDGES, OR THE REGISTRATION WEBSITE, 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 THE AMOUNT OF YOUR MONTHLY FEE PAID BY YOU TO BROTHER FOR THE SUBSCRIPTION SERVICE FOR THE ONE BILLING PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

• 11.4. Compliance with Laws. You agree to comply with all applicable laws and regulations, including, without limitation, export control laws and regulations in Canada and other applicable countries’ ("Export Laws"), to ensure that the Subscription Service, 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 Subscription Service, 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 embargoed countries or countries Canada 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.

• 11.5. Third Party Materials or Websites. Third party content, may offer, products, services and/or other materials, which are made available through the Subscription Service ("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. Additionally, the Subscription Service and the Registration Website may include links to third party websites ("Third Party Websites"); however, Brother is not liable for Third Party Websites or Third-Party Materials made available through them. Brother’s Privacy Statement does not apply to Third Party Websites. Accordingly, Brother is not liable for any use of Your information by them.

• 11.6. 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 province of Ontario, Canada, without regard to conflict of law principles, and the laws of Canada applicable therein, and any dispute shall be submitted exclusively to the courts of competent jurisdiction in the City of Toronto, Ontario.

• 11.7. 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.

• 11.8. 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 Subscription Service, Subscription Program Cartridges, or the Registration Website 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 Subscription Service, will survive termination, including, without limitation, limits on liability, applicable law and Your payment obligations. You hereby acknowledge and confirm that: (i) a French version of this Agreement and any ancillary documents was presented to You prior to or simultaneously with this Agreement, and (ii) You have elected to execute and be bound by the English version of this Agreement and ancillary documents.