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Provision for Use Outside of the United States
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Article Summary

    You may have the benefit of consumer guarantees and warranties given under the statute ("mandatory warranties".) Where any statute applies to give you the benefit of Mandatory Warranties, and that statute does not permit Carbonite to exclude or limit the application to these Mandatory Warranties (or would render void any attempt to do so), then those Mandatory Warranties apply to Carbonite's Terms of Service for your benefit, and nothing in Carbonite's Terms of Service excludes or limits those Mandatory Warranties or liability for breach of them. This applies to all of the Terms of Service, including any terms in relation to the Disclaimer of Warranty or Limitation of Liability. Additional country-specific terms are provided below.

 

 

France:

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United Kingdom: The following terms apply to you

Governing Law and Arbitration. If you obtained the Services in the United Kingdom, the Terms shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without reference to conflicts of law principles and, the parties agree that the non-exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with the Terms, shall be in the courts, as applicable, located in England and Wales. Any arbitration pursuant to the Terms shall be conducted in England or Wales. For the purpose of the UK's Data Protection Act of 1998, the data controller is Carbonite, Inc. and the data controller's representative is Carbonite’s privacy representative at privacy@carbonite.com.

 

 

Canada: The following terms apply to you

Arbitration. Ontario and Quebec residents: The "Governing Law and Arbitration" provision contained in these Terms only applies to you insofar as it does not prevent you from commencing an action in Ontario Superior Court of Justice (for Ontario residents) or the Superior Court of Quebec (for Quebec residents) with regard to any matter made subject by the above-mentioned Terms to arbitration. After a dispute subject to arbitration under the "Governing Law and Arbitration" provision mentioned above has arisen, you may choose to forego your right to commence an action in the applicable court as indicated above, and agree with Carbonite to submit said dispute to arbitration as provided in the "Governing Law and Arbitration" provision.

 

 

All other non U.S. jurisdictions not mentioned above: The following terms apply to you

Carbonite makes no representation that Services provided at www.carbonite.com are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access www.carbonite.com and the Services outside the United States do so upon their own initiative and are solely responsible for compliance with local laws. If you reside outside of the United States, by downloading and using the Carbonite Services you consent to having your personal data transferred to and processed in the United States. you and Carbonite irrevocably agree and consent that the Terms shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without reference to conflicts of law principles and, the parties agree that the non-exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with the Terms, shall be in the courts, as applicable, located in Boston, Massachusetts, U.S.A. Any arbitration pursuant to the Terms shall be conducted in Boston, Massachusetts, U.S.A.

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