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PLEASE READ THESE TERMS
AND
CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS (“T&C”)
MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE
SITE, YOU
INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO
NOT ACCEPT THESE
T&C, THEN DO NOT USE THE SITE.
Staples.com (“Site”) is
owned by
Staples, Inc. (“Staples”) and is currently provided free of charge to
users who agree to abide by these T&C. Staples reserves the
right to
change the nature of this relationship at any time, and to
revise these T&C
from time to time as Staples sees fit. Users
who violate these T&C
will have their access canceled and they may
permanently be banned from using
the Site. Users should check
these T&C periodically. By using
the Site after we post
changes to these T&C, you agree to accept those
changes, whether or
not you actually reviewed them.
Users/Participants We do not discriminate on
the basis of age,
race, national origin, gender, sexual orientation or
religion. No person under
the age
of 13 should use the Site without the consent of their parent
or legal
guardian. We strongly encourage all parents and
guardians to monitor the
Internet use by their children. Use of
the Site by any user shall be
deemed to be a representation that the
user is 13 years of age or
older.
Cookies “Cookies” are small
encrypted data files
(containing references to user ID information supplied by
the user and
stored on our secure server) that may write to your hard drive once
you
have accessed a website. Staples uses cookies to enhance your shopping
experience with us. Cookies are used to keep track of your
shopping cart
and to save your password so you do not have to reenter
it each time you visit
the Site. To learn more about how we
protect customer information, please
review our Privacy
Statement.
Copyrights,
Trademarks
& Restrictions The material included
herein, including site
design, text, graphics, and the selection and arrangement
thereof are
copyrighted © by Staples, Inc. ALL RIGHTS RESERVED.
Staples.com®, Staples®, that was
easy®, other trademarks and all page headers,
custom
graphics, and custom icons are service marks and trademarks of Staples
the Office Superstore, LLC. All other trademarks, product names, and
company
names or logos cited herein are the property of their
respective
owners.
The Site and all
materials on the Site, including, but not limited to, images,
illustrations,
posts, audio clips and video clips (the “Materials”) are
the property of Staples
and its affiliates and licensors and are
protected from unauthorized copying and
dissemination by copyrights
that are owned or licensed by Staples and by
copyright law, trademark
law, international conventions and other intellectual
property
laws. You may not reproduce, perform, create derivative works
from, republish, upload, post, transmit, or distribute in any way
whatsoever any
Materials from the Site (or any other website owned or
operated by Staples or
its subsidiaries or affiliates) without Staples’
prior written permission.
However, you may print in hard copy
portions of the Site with the sole intent of
placing an order with
Staples or applying for credit. Printing Materials
for any other
reason, or transferring Materials for use on any other website, or
the
modification, distribution, or republication of Materials without Staples’
prior written permission is strictly prohibited. Any modification
of
Materials, or any portion thereof, or use of Materials for any other
purpose
constitutes an infringement of trademark or other proprietary
rights of Staples
or third parties.
Link Staples is not
responsible for the content
of any unaffiliated websites that may be linked to
or from the
Site. These links are provided for your convenience only and
you
access them at your own risk. Any other website accessed from the Site
is independent from Staples, and Staples has no control over the
content of that
other website. In addition, a link to any other
website does not imply
that Staples endorses or accepts any
responsibility for the content or use of
such other website. In
no event shall any reference to any third party or
third party product
or service be construed as an approval or endorsement by
Staples of
that third party or of any product or service provided by a third
party.
Privacy
Issues Staples is
concerned
about privacy matters for its customers. To learn more
about how we
protect customer information, please review our Privacy
Statement.
Product and
Services
Information Most products (and some
services) offered on
the Site are available in select Staples stores throughout
the
United States,
however, prices and availability may vary. Prices shown on the
Site apply
to products and services on the Site. Price and
availability are subject
to change without notice.
We attempt to
display all
products shown on the Site in an accurate manner, however,
because of the
technical differences in the equipment of our customers,
we cannot be
responsible for photographic differences in size, shape
and color of the
products.
The receipt of an
email
order confirmation is simply a recognition that we have received
your requested
order, and does not constitute an offer to sell.
We reserve the right to
limit the quantity of any item sold, or
prohibit a sale altogether, including
but not limited to prohibiting
sales to resellers.
Notice and
Take Down
Procedures If
you believe any
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 Staples’
copyright agent (identified below) and provide the
following
information: A clear statement identifying the works, or other
materials believed to be infringed.
- A statement from the
copyright
holder or authorized representative that the Materials are believed to
be infringing.
- Sufficient information
about the location of the allegedly infringing Materials so that
Staples 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
copyright owner’s behalf.
- A signature or the
electronic equivalent from the copyright holder
or authorized
representative.
Staples’
agent for
notice of copyright issues on the Site can be reached as
follows:
Staples, Inc.
500 Staples
Drive,
Framingham,
MA
01702 Attn: Legal Department with
a copy
to: General Counsel(ref: Copyright
Infringement)
For
Staples® Copy &
Print
Center
Orders By processing and
submitting your Staples®
Copy
&
Print Center order on the
Site:
- You represent and
warrant to
Staples, its officers, directors, employees, agents, successors,
subsidiaries, agents, distributors, affiliates and third parties
providing
information or services on the Site (collectively, the
“Staples Parties”), that
you own and possess all rights or own
sufficient rights of third parties
necessary to copy, produce, print or
imprint each and every document or other
item and portion thereof you
submit.
- You agree and covenant
that
at Staples’ request, and without further consideration, you will promptly
provide Staples with reasonable evidence of such adequate and
enforceable rights
of third parties (i.e. consents, approvals, licenses
or sublicenses), and agree
that Staples may provide a copy of these
T&C to anyone claiming an
infringement of copyright/trademark in
your document or to law enforcement or
other entities as required by
law or as Staples reasonably determines to be
necessary to protect its
rights or the rights of others
Conduct of
Users You agree that you
will
not: (i) transmit via or through the Site any information,
data, text,
files, links, software, chat, communication or other
materials that is or which
Staples considers to be unlawful, harmful,
threatening, abusive, harassing,
defamatory, vulgar, obscene, racially
or ethnically hateful or otherwise
objectionable; (ii) attempt to
transmit any “virus”, “trojan horse” or other
software destruction or
disruption device; (iii) intentionally or
unintentionally violate any
applicable local, state, national or international
law, including but
not limited to, any regulations having the force of law while
using or
accessing the Site or in connection with your use of the Site, in any
manner; and (iv) invade the privacy or violate any personal or
proprietary right
(including intellectual property rights) of any
person or
entity.
Indemnity By using the Site, you
agree to indemnify
the Staples Parties for any and all claims, damages, losses,
liabilities and causes of action (including expenses and attorneys’
fees)
incurred by them arising out of or relating to your breach or
alleged breach of
these T&C (including without limitation, claims
made by third parties for
infringement of intellectual property
rights). You agree to cooperate as
fully as reasonably required
in the defense of any claim. Staples reserves
the right to assume
the exclusive defense and control of any matter otherwise
subject to
indemnification by you.
Disclaimer, Limitation of
Liability THE SITE IS
PROVIDED BY
STAPLES ON AN “AS IS” AND “AS AVAILABLE” BASIS. STAPLES
MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO (1) THE OPERATION OF THE
SITE, (2) THE QUALITY, ACCURACY,
COMPLETENESS OR VALIDITY OF ANY MATERIALS ON
THE SITE, OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE
SITE, OR
(3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT
LIMITED TO,
WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY,
OR FITNESS FOR A
PARTICULAR PURPOSE. STAPLES IS NOT RESPONSIBLE
FOR PRINTING OR
TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT
YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. THIS SITE MAY ALSO CONTAIN
FACTS, VIEWS, OPINIONS, STATEMENTS,
AND RECOMMENDATIONS OF THIRD PARTY
INDIVIDUALS AND ORGANIZATIONS. NONE OF
THE STAPLES PARTIES
REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR
RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED,
UPLOADED,
OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY
RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE
AT YOUR
SOLE RISK. NONE OF THE STAPLES PARTIES IS RESPONSIBLE OR
LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER
INDIRECT DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE SITE OR THE INFORMATION
CONTAINED ON THE SITE, EVEN IF THAT PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT
SHALL THE TOTAL LIABILITY OF THE STAPLES PARTIES
TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF
THE
SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00). CERTAIN STATE LAWS DO NOT
ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Termination Staples may, in its sole
discretion,
terminate or suspend your access to all or part of the Site, for any
reason, including without limitation, breach of these T&C. In
the
event these T&C are terminated, the restrictions regarding
Materials
appearing on the Site, and the representations and
warranties, indemnities, and
limitations of liabilities set forth in
these T&C will survive
termination. In the event that you are
unsatisfied with the services
provided by Staples, your sole remedy is
to terminate your use of the
Site.
Jurisdiction Staples operates the Site
from its offices
within the United
States. Staples makes no
representations that content and materials on the Site are legal or
appropriate
for use from outside the United
States. If you choose to
access
the Site from other locations, you do so at your own risk and are
responsible for compliance with any and all local laws. You may
not use
the Site in violation of U.S.
export laws and
regulations. These T&C will be governed by
and construed in accordance
with the laws of the Commonwealth of
Massachusetts, as it is applied to
agreements entered into and
performed therein, and excluding (i) the United
Nations Convention on
Contracts for the International Sale of Goods; (ii) the
1974 Convention
on the Limitation Period in the International Sale of Goods; and
(iii)
the Protocol amending the 1974 Convention, done at Vienna April 11,
1980. Any action brought to enforce these T&C or matters
related to
the Site will be brought in either the State or Federal
Courts of the
Commonwealth of Massachusetts; provided, however, that
notwithstanding anything
contained in these T&C to the contrary,
Staples shall have the right to
institute judicial proceedings against
you or anyone acting by, through or under
you, in order to enforce
Staples’ rights hereunder through reformation of
contract, specific
performance, injunction or similar equitable relief.
Any claim or
cause of action you have with respect to use of the Site must be
commenced within one (1) year after the claim arises. If any
provision of
these T&C is deemed void, unlawful, or otherwise
unenforceable for any
reason, that provision will be severed from these
T&C and the remaining
provisions of these T&C will remain in
force. These T&C constitute
the entire agreement between you
and Staples concerning your use of the
Site.
Comments, Complaints and
Questions We welcome
your feedback
about the Site. However, any comments, ideas,
notes, messages, suggestions
or other communications sent to the Site
shall be and remain the exclusive
property of Staples, and we may use
all such communications in any manner,
including reproducing,
disclosing and publishing such communications, all
without compensation
to you. Should you have any questions or complaints
regarding
violations of these T&C, please contact us.
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