OFFICE DEPOT ANDROID APPLICATION TERMS OF USE

PRIVACY POLICY

Office Depot, Inc. collects personally identifiable information (for example, your e-mail address and telephone number) from you, including, without limitation, when you place an order, register in our Application or on our website, request a catalog, submit an e-mail, or subscribe to receive e-mail or mobile SMS text messages. The information you provide will be used in accordance with and be subject to Office Depot, Inc.'s Privacy Policy at
www.officedepot.com/specialLinks.do?file=/customerservice/Privacy.jsp.

APPLICATION TERMS OF USE

Welcome to the Office Depot Android Application (App). BY DOWNLOADING AND USING THIS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS APP.

You agree to only use this App on an individual basis on a device owned by you that lawfully contains the Android device operating system.

Biometric Authentication
To enable biometric authentication for sign in, you are required to save your Office Depot online ID on this device.

Office Depot does not control the functionality of biometric authentication. Office Depot does not have access to your fingerprint(s) or facial recognition information. You understand and agree that any fingerprint or facial recognition information stored on your device can be used to access your Office Depot accounts through the App. For more information on how biometric functionality works for your device, please refer to your device manufacturer’s support resources. There may be circumstances where biometric authentication will not function as expected and sign in will require your passcode.

General Terms
This App may use location-based services to locate you. If you choose to use the location-based services portion of this App, you consent to Office Depot and/or its third party provider accessing your approximate or exact location. The location-based services offered in this App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to harm, including, but not limited to, death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for any uses other than the stated use (such as locating Office Depot stores), and are not intended for family finding purposes, fleet tracking, or any other type of personal, business or enterprise use.

The App may contain sweepstakes, contests, offers or promotions that are governed by specific rules. All such sweepstakes, contests, offers or promotions are sponsored by Office Depot, Inc. unless otherwise noted, and Android devise manufacturer is not a sponsor or otherwise involved in these activities in any manner.

Office Depot controls and operates this App from its offices within the United States. Claims relating to this App and the materials herein are governed by the laws of the United States and the State of Florida, without regard for its conflicts of law provisions. Office Depot and 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 will have exclusive jurisdiction to hear and determine any disputes related to this App. If you choose to access this App from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

APP CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

The information contained in this App 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, Inc. or its subsidiaries and affiliates (Office Depot) or are the property of their respective owners. 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 App for the purposes of: (1) placing an order with Office Depot; or (2) using this App as a shopping resource, provided you do not modify the App 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, 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 terms. Any other use of the Contents on this App other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Office Depot, is strictly prohibited.

If you choose to leave this App via links to other areas of your phone or browser, the terms and conditions for those respective programs, applications, and websites will control. If you choose to leave this App via links to any non-Office Depot sites, such as Facebook, Twitter, Digg, or Delicious, Office Depot is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Office Depot does not control non-Office Depot sites or the products advertised therein, you acknowledge and agree that Office Depot is not responsible for the availability of such non-Office Depot sites or products, and is neither responsible nor liable for any content, advertising, products, services, or other materials on or available from such sites. In no event shall any reference to any non-Office Depot site, product or service be construed as an approval or endorsement by Office Depot of such site, product or service. Please see our Privacy Policy at www.officedepot.com/specialLinks.do?file=/customerservice/Privacy.jsp for further details.

DISCLAIMER OF WARRANTY

OFFICE DEPOT IS PROVIDING THIS APP 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 APP 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, 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 EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ALL ARISING OUT OF OR IN CONNECTION WITH DOWNLOADING USING, COPYING, OR DISPLAYING THE CONTENTS OF THIS APP. 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 App.

You agree to defend, 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 your use of the App, a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.

ABOUT OUR PRICES

The prices advertised on this App are for orders on officedepot.com 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 App 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 App 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 pricing information. Promotion pricing, including but not limited to, Instant Savings, Coupon Savings, Mail-In Savings, and Bundled Savings, that are available on www.officedepot.com and this App are not available for orders placed on business.officedepot.com.

USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU

You agree that any material, information, and ideas that you transmit to this App 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

use of the Transmission you supply does not violate these terms and will not cause injury to any person or entity.

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.

Office Depot reserves the right to change, condense or delete any Transmission that Office Depot deems, in its sole discretion, to violate the content guidelines or any other provision of these Application Terms of Use. Office Depot does not guarantee that you will have any recourse through Office Depot to edit or delete any Transmission you have submitted. Office Depot reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Office Depot, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of Office Depot, its 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 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.

SECURITY

In using this App 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 App;

(b) you will not violate or attempt to violate the security of this App, 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 App , overloading, flooding, spamming, mail bombing or crashing; or (iii) attempting 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 App.

ABOUT OUR OFFERS

Unless otherwise noted, the following terms and conditions apply. Unless otherwise noted, the offers advertised on the App are valid only at www.officedepot.com, by phone or fax, or in-store. To redeem in-store, show the Office Depot App offer or coupon code (cc) to the cashier at time of purchase. For phone or fax orders, use the 8-digit cc or mention the offer. To redeem online, visit www.officedepot.com/cart/addCoupon.do and enter the 8-digit cc or follow the hyperlink to take advantage of the offer; savings will appear at checkout. Cannot be combined with Store Purchasing or Procurement Cards. Cannot be used as an account payment. Coupon is good for one-time use only, is not transferable, is 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 household/business. Void where prohibited.

General offers for dollars off a purchase or a percentage off a purchase are not valid for purchases: 1) made in Office Depot outlet/clearance stores; 2) of Gift Cards; 3) of any technology or consumer electronic products and accessories or media and software products; 4) of performance protection plans; 5) of postage or mailing/shipping services; 6) of HP ink or toner; or 7) of Tech Depot Services or third party services.

We are not responsible for errors. We reserve the right to cancel or limit any purchase or offer redemption made 1) contrary to the terms of each offer, discount, promotion or coupon; 2) that otherwise is not in compliance with these terms; 3) that violates any applicable state and federal law; or 4) that we believe is fraudulent or made through improper channels.

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, 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.

REVISIONS

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