(November 29th 2018)
Office Depot controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Florida, without regard for its conflicts of law provisions.
Except for the historical information contained herein, Office Depot matters discussed are forward looking statements that involve risks and uncertainties detailed from time to time in Office Depot's reports filed with the Securities and Exchange Commission, including Office Depot's most recent Forms 10-K and 10-Q.
Arbitration Procedure. Any such binding arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and shall be held in Palm Beach County, Florida. One arbitrator shall be appointed in accordance with the rules of the AAA. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Fees and Costs. Each party to any binding arbitration under this provision shall bear its own costs, fees, and expenses of arbitration. However, Office Depot shall pay all filing and administration fees charged by the arbitrator up to $1,000. If the arbitrator issues an award in Office Depot’s favor, you will not be required to reimburse Office Depot for these filing and administration fees.
Award. The arbitrator’s decision and award shall be in writing, and counterpart copies thereof shall be delivered to each of the parties simultaneously. In rendering such decision and award, the arbitrator shall not add to, subtract from or otherwise modify the provisions of this agreement or any agreement entered into pursuant hereto. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.
LIMITATION OF OTHER PROCEEDINGS AND CLASS ACTION WAIVER
Each party agrees that it will not file (nor will it cause any other person or entity to file) any suit, motion, petition, or otherwise commence any legal action or proceeding which may be submitted to arbitration pursuant to this Agreement. Upon the entry of an order dismissing or staying any such action or proceeding in a court, the party which filed such action or proceeding shall promptly pay to the other party the attorneys’ fees, costs, and expenses incurred by such other party prior to the entry of such order. Moreover, BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS PROVISION, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY ACTION AGAINST OFFICE DEPOT REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST OFFICE DEPOT, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Office Depot or its subsidiaries and affiliates ("Office Depot") or are the property of their respective owners. One or more patents may apply to this website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 7,908,173; and 7,908,176. The name Office Depot and the Office Depot logo are registered marks of The Office Club, Inc.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) placing an order with Office Depot; or
(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Office Depot or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Office Depot, is strictly prohibited.
DISCLAIMER OF WARRANTY
OFFICE DEPOT IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH OFFICE DEPOT BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, OFFICE DEPOT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL OFFICE DEPOT BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OFFICE DEPOT’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
In an effort to provide our customers with the most current information, Office Depot will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Office Depot (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
OFFICE DEPOT MARKETPLACE
Office Depot operates an online marketplace program on the Site, which enables Marketplace Retailers to sell their products alongside Office Depot products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Office Depot Marketplace”). Any use of the Office Depot Marketplace is subject to the following additional terms:
“Marketplace Retailer” means any third-party entity or retailer that sells goods or services in the Office Depot Marketplace through the Site.
Marketplace items are not eligible for promotion pricing, including but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings.
To the fullest extent provided by applicable law, Office Depot has no responsibility or liability for any Marketplace Retailer or their products.
ABOUT OUR PRICES
The prices advertised on this Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged at Office Depot stores. Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice.
There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
Promotion pricing, including but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings, that is available on www.officedepot.com is not available for orders placed on business.officedepot.com.
All taxable sales shipped to California and Texas customers are made by eDepot, LLC, a wholly-owned subsidiary of Office Depot, Inc. and are F.O.B. destination point. Texas sales taxes and the California one percent local sales tax are based on the eDepot location where the order is received.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Office Depot ("Transmissions") shall be and remain Office Depot's property. By submitting any Transmissions to Office Depot, you represent and warrant that:
you are the sole author and owner of the Transmission and any intellectual property rights thereto;
all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
all Transmissions that you post are accurate;
you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's intellectual property rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Office Depot a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your Transmission, you agree that Office Depot and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Office Depot (address below) and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
Sufficient information about the location of the allegedly infringing Materials so that Office Depot can find and verify its existence.
Your name, telephone number and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
A signature or the electronic equivalent from the Owner or authorized representative.
Office Depot's agent for notice of copyright or trademark issues on the Site can be reached as follows:
Office Depot, Inc. 6600 North Military Trail Boca Raton, FL 33496 Attn: Office of the General Counsel
Office Depot shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Office Depot may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to firstname.lastname@example.org. You may also contact us by writing to Office Depot, Inc., 6600 N. Military Trail, Boca Raton, FL 33496, Attn: Customer Relations or by calling 1.800.GO.DEPOT(800.463.3768). California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Office Depot Recurring Offers
If your device does not support MMS alerts then you will receive an SMS alert. To unsubscribe at any time from Office Depot Recurring Offers, reply STOP or QUIT to any of our messages, or text STOP or QUIT to 33768, or contact us at email@example.com or call 1-800-463-3768. If you have any questions, reply HELP to any of our messages, text HELP to 33768, or contact us at 1-800-463-3768.
PLEASE NOTE: You agree that if the mobile telephone number you provide as part of Office Depot Recurring Offers at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY Office Depot, Inc. of any such reassignment or termination by calling 1-800-463-3768 or by sending an email to firstname.lastname@example.org
Redeeming Reoccurring Text Offer
Unless otherwise noted, the prices and offers advertised through Office Depot Recurring Offers are valid only at www.officedepot.com, by phone or fax, or in-store. To redeem in-store, show the Office Depot, Inc. text message containing a coupon code ("cc") to the cashier at time of purchase. Coupons are valid on regularly priced items in stores. For phone or fax orders, use the 8-digit cc. To redeem online, visit www.officedepot.com/cart/addCoupon.do and enter the 8-digit cc; savings will appear at checkout. Coupons cannot be combined with Store Purchasing or Procurement Card and cannot be used as account payments. Coupons are good for one-time use only, are not transferable, are not for resale or auction and cannot be combined with other offers or promotions. We reserve the right to limit quantities sold to each customer. Limit 1 coupon per customer. Void where prohibited.
Transactional SMS/Text Alerts
Office Depot OfficeMax Rewards: If you create an online Office Depot OfficeMax Rewards membership account, Office Depot may ask you to verify your identity. Office Depot may also ask to verify your identity when you log in to your membership account to print your reward certificate. One way to verify your identity is to request that Office Depot send a one-time registration code to your mobile telephone as an SMS/text message from the short code 57002 (or the short code designated by Office Depot). This verification text message will only be sent to customers who specifically request it. By requesting a verification code, you consent to receive an automated text message from Office Depot containing the verification code.
Online Order Status: You may elect to receive an SMS/text alert regarding the status of any online order that you place via the Office Depot website. If you elect to receive a status update, Office Depot will send a one-time automated SMS/text message regarding the status of your order to your mobile telephone from short code 57002 (or the short code designated by Office Depot). Please note that to receive status updates from Office Depot, you will be required to elect to receive a text message for each individual order status notification requested. Message and data rates may apply.
Online Order Pickup: At the “Online Order Pickup” kiosk in Office Depot and OfficeMax stores, you may elect to send a text message notifying the store associates that you are in the store to pick up your order. By texting the store number (shown on the kiosk) to short code 57002 (or the short code designated by Office Depot), you agree to receive a one-time responding text message from Office Depot confirming your order status. You also agree that each text message you send to the designated short code will trigger a one-time responding text from Office Depot. Message and data rates may apply.
Message & Data Rates May Apply
Office Depot text messages are available on these SMS supported carriers: AT&T, T-Mobile®, Verizon, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, Ntelos, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless.
Office Depot text messages are available on these MMS Supported Carriers: AT&T, Cricket, T-Mobile®, Sprint, Verizon, U.S. Cellular.
You acknowledge that any text messages you receive from Office Depot are distributed via third-party mobile network providers. As a result, Office Depot cannot control certain factors relating to message delivery. You further acknowledge that neither Office Depot nor your wireless carrier is liable for delayed or undelivered text messages.
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