Terms of Use

March 4, 2022

 

Welcome to the Elevate Together™ Initiative Internet site (the “Site”) operated by one of its corporate partners, Office Depot, LLC (“Office Depot,” We”, “Us” or “Our”). Please review these Site terms of use (“Terms of Use”) as they govern your use of and donations made on the Site. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS SITE.

 

This Site is operated from 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.

 

MANDATORY ARBITRATION

These Terms of Use and your use of the Site are governed by the laws of the State of Florida, U.S.A. In the event of any controversy or dispute arising out of or relating to the Terms of Use, the parties to such controversy or dispute shall meet and seek resolution in good faith. Any controversy or claim arising out of or relating to the Terms of Use or the breach thereof, which is not resolved within thirty (30) days or such longer period as may be mutually agreed upon between the parties, will be submitted to binding arbitration in accordance with the procedures set forth below.

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. 

 

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 US REGARDING ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

You agree that the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida or the Southern District of Florida, West Palm Beach Division, as applicable, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms of Use that are not subject to binding arbitration as set forth herein. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

 

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 US or Our subsidiaries and affiliates or are the property of their respective owners. The Elevate Together name and logo are trademarks 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) making a donation to Round It Up America benefiting the Elevate Together™ initiative (the “Program”);

(2) enrolling in any seminars; or

(3) applying for any grants issued through the Program, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.

 

Except as provided herein, 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 Our prior written permission.

 

Please note that the permission granted herein terminates automatically if you breach any of these Terms of Use. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws and, without Our prior written permission, is strictly prohibited.

 

If you choose to leave this Site via links to other sites, We are not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because We do not control those sites or the products advertised therein, you acknowledge and agree that We are not responsible for the availability of such sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any such site, product or service be construed as an approval or endorsement by Us of such site, product or service. Please see Our Privacy Policy for further details.

 

DISCLAIMER OF WARRANTY

WE ARE 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 WE 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, We 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 Us (and Our 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.

 

DONATIONS

Elevate Together™ powered by Round It Up America® works with the National Urban League and the U.S. Hispanic Chamber of Commerce to deliver impactful, measurable and scalable support services that foster business creation and growth opportunities for Black and Hispanic businesses. Services include education and training, mentoring and advisory. Some businesses may also be eligible to receive a cash grant or in-kind products and services from the initiative. Elevate Together™ is powered by Round It Up America, a 501(c)(3) organization responsible for the collection and distribution of donations. Donations to the Elevate Together™ initiative are generally tax deductible for both individuals and corporations. Donors should consult a tax professional to resolve questions regarding their particular donation.

 

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 Us (“Transmissions”) shall be and remain Our property. By submitting any Transmissions to Us, you represent and warrant that:

1. you are the sole author and owner of the Transmission and any intellectual property rights thereto;
2. all “moral rights” that you may have in such Transmission have been voluntarily waived by you;
3. all Transmissions that you post are accurate;
4. you are at least 13 years old; and
5. use of the Transmission you supply does not violate these Terms of Use and will not cause injury to any person or entity.

 

You further agree and warrant that you shall not submit any Transmission:

1. that is known by you to be false, inaccurate or misleading;
2. that infringes any third party’s intellectual property rights or rights of publicity or privacy;
3. that violates any law, statute, ordinance or regulation;
4. 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;
5. for which you were compensated or granted any consideration by any third party;
6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
7. that contains any computer viruses, worms or other potentially damaging computer programs or files.

 

For any Transmission, you grant Us 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.

 

We reserve the right to change, condense or delete any Transmission that we deem, in Our sole discretion, to violate the content guidelines or any other provision of these Terms of Use. We do not guarantee that you will have any recourse through Office Depot to edit or delete any Transmission you have submitted. We reserve the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Us, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on Our part, or Our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

 

By submitting your email address in connection with your Transmission, you agree that We and Our 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:

 

1. A clear statement identifying the works, or other materials believed to be infringed.
2. 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.
3. Sufficient information about the location of the allegedly infringing Materials so that Office Depot can find and verify its existence.
4. Your name, telephone number and e-mail address.
5. 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.
6. 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, LLC
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.

 

SECURITY

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.

 

TERMS OF USE REVISIONS

We may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.

 

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 orders@officedepot.com. You may also contact us by writing to Office Depot, LLC, 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.

 

Privacy Policy

We respect your right to privacy. You can view the Site privacy policy here.