Staples.com Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
TERMS AND CONDITIONS
Staples.com's ("Company") website and board community (the "Site") are currently provided free–of–charge to users who agree to abide by the terms and conditions of this Agreement. Company reserves the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as Company sees fit. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services.
Users should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
BY PROCESSING AND SUBMITTING YOUR ORDER USING THIS SOFTWARE, YOU REPRESENT AND WARRANT TO STAPLES, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, THAT YOU OWN AND POSSESS ALL RIGHTS OR OWN AND POSSESS SUFFICIENT RIGHTS OF THIRD PARTIES, NECESSARY TO COPY, PRODUCE, PRINT OR IMPRINT, EACH AND EVERY DOCUMENT OR OTHER ITEM AND PORTION THEREOF YOU SUBMIT TO STAPLES, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS. YOU AGREE AND COVENANT THAT AT THE REQUEST OF STAPLES, AND WITHOUT FURTHER CONSIDERATION, YOU WILL PROMPTLY DELIVER TO STAPLES REASONABLE EVIDENECE OF SUCH ADEQUATE AND ENFORCEABLE RIGHTS OF THIRD PARTIES (i.e. consents, approvals, licenses or sublicenses).
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STAPLES, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, FROM ALL COSTS, EXPENSES (INCLUDING REASONABLE LEGAL FEES) AND LIABILITIES, INCURRED BY STAPLES, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, AS A RESULT OF ANY FAILURE BY YOU TO POSSESS SUCH RIGHTS.
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 of 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.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the "Materials") is the property of Company and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by the Company 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 www.staples.com, our bulletin board, or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials and other downloadable items displayed on the Site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Company or such third party that may own the trademark or copyright of information displayed on this Site.
The Company is not responsible for the content of any sites that may be linked to or from www.staples.com, or any bulletin board associated with the Company. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Company, and Company has no control over the content of that other web site. In addition, a link to any other web site does not imply that Company endorses or accepts any responsibility for the content or use of such other web site.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.
The Company is concerned about privacy matters for its customers. 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 the products and services on the Site and may change at any time 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.
CONDUCT OF USERS
You are entirely responsible and liable for all activities conducted by you. In addition to the guidelines listed above, below are some, though not all, violations that may result in the termination of your access. By using the Site, you are agreeing to the following rules of conduct as well as the guidelines set forth above. You agree not to do any of the following actions while using the Site:
(1) harass, stalk, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
(2) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials ("Content") that is or which Staples.com considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;
(3) attempt to transmit any "virus","trojan horse" or other software destruction or disruption device;
(4) impersonate any other person, including but not limited to, a Staples.com official, expert or bulletin board leader, guide or host;
(5) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards. This shall also prohibit the following: solicitation of credit card numbers, solicitations for sponsors, or promotion of raffles, contests, or multi–level marketing or pyramid schemes. Our bulletin board is a forum for information and ideas exchange only.;
(6) 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;
(7) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; and
(8) infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Company's 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 Company 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.
Company's agent for copyright issues relating to this Site is C. Campbell.
DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The information contained in this Site is for general guidance on topics selected by Company. Such information is provided on a blind–basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that Company and various authors and publishers' providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for direct consultation with professional advisors.
THIS SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD–PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THEM OR STAPLES.COM (AND ITS AFFILIATED ENTITIES, TOGETHER "THE COMPANY") REPRESENTS OR ENDORSES THE ACCURACY, CURRENTNESS, 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. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE, AND NO WARRANTY THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR–FREE, OR THAT DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site
LIMITATION OF LIABILITY
NEITHER THE COMPANY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF COMPANY (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
The Company may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement.
The Company operates the Site from its offices within the United States. Company 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.
This Agreement 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 this Agreement 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 this Agreement to the contrary, Company shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Company's 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 this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.
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 Company, 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 this Agreement, please contact us.