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Office Depot® OfficeMax® Business Select Terms and Conditions

(May 01, 2022)

These terms and conditions (“Terms”) for the Office Depot OfficeMax Business Select Program (“Program”) are between you and Office Depot, LLC and/or its affiliates or subsidiaries ("Office Depot", "Us" or "We"), and govern our respective rights and obligations for the Program. The Terms constitute the entire agreement between you and Office Depot related to the Program. Please note that your use of the OfficeDepot.com website is also governed by our Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the OfficeDepot.com website, all of which (as changed over time) are incorporated into these Terms. If you enroll in the Program, you accept these Terms. Please read these Terms carefully.


PLEASE NOTE THE AUTOMATIC RENEWAL TERMS BELOW.

The nonrefundable fee for a 12-month ("annual") membership is $49 plus any applicable taxes. The annual term begins on the date of your enrollment. Membership will be automatically renewed on an annual basis unless you choose to cancel your membership before the renewal date by calling 1-888-313-4851, or by logging into your Office Depot OfficeMax online account and visiting the My Account page to adjust your membership settings.

BY ENROLLING IN THE PROGRAM, YOU AGREE THAT YOUR BUSINESS SELECT MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND THAT WE MAY AUTOMATICALLY CHARGE THE PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT FOR ALL APPLICABLE FEES AND TAXES AT THE START OF EACH ANNUAL SUBSCRIPTION PERIOD WITHOUT NOTICE TO YOU (UNLESS REQUIRED BY LAW). TO AVOID FUTURE CHARGES, CANCEL BEFORE THE RENEWAL DATE.


Membership Eligibility

  • The Program is available to businesses that have an existing account, or create a new account, on officedepot.com and who are located in the contiguous 48 United States (“Business Select Members”). The Program is not available in Alaska, Hawaii, Puerto Rico or the U.S. Virgin Islands.
  • Business Select Members are not eligible to be members of the Office Depot® OfficeMax® Rewards program, and purchases made through the Program will not earn Office Depot® OfficeMax® rewards.
  • The Program is available in Office Depot® and OfficeMax® stores, by phone, and on officedepot.com only. All Business Select Members are subject to these Terms regardless of whether they shop online, by phone, or in store.
  • The Program is not available to ODP Business Solutions customers, formerly Office Depot Business Solutions Division, making purchases in Office Depot and OfficeMax stores or online at odpbusiness.com.
  • Resellers and employees of Office Depot are not eligible to participate in the Program.
  • Limit one (1) Program account per business. Membership is not transferable or assignable and is not for resale or auction.

Program Benefits

  • Business Price Discount
    • Business Select Members will be offered business price discounts on an assortment of products selected by Office Depot for businesses. Products selected for this Program will be designated by a Program icon.
    • Business Select Members must be logged in to OfficeDepot.com at time of purchase or provide Business Select Member number, phone number, or email address at checkout in store to receive their discounted price and other Program benefits.
    • Pricing and products are subject to change.
    • Business Select everyday exclusive discounted prices are not combinable with promotion pricing, including, but not limited to, instant savings, coupon savings and other offers/promotions unless otherwise noted.
    • Members will get the promotional price/free gift offer or Business Select Member savings, whichever is the lower price/better value.
    • Business Select everyday exclusive discounted prices exclude gift cards, postage stamps, mail & ship services, subscriptions and performance protection plans.

Free Delivery

  • Business Select Members will receive free two business-day delivery and free next business-day delivery with no minimum purchase required, within our local delivery areas. Most furniture, oversized, bulk items, cases of bottled water and other beverages, special order and custom print items do not qualify. Marketplace products, products sold and shipped by third parties on officedepot.com, are excluded and are subject to the delivery policy of the marketplace seller. Delivery fees will be noted prior to purchase. Other restrictions apply. Click here to view the FREE Delivery Terms and Conditions.

Depot Dollars

  • Depot Dollars are coupons that can be applied for a pre-tax discount on eligible services and products and are not a gift certificate. 
  • Each Depot Dollar issued to a Business Select Member may be redeemed at Office Depot and OfficeMax stores or online at officedepot.com to reduce the pre-tax price of a qualifying item or service by $1.
  • Depot Dollars cannot be redeemed on odpbusiness.com
  • Depot Dollars cannot be used in conjunction with Paypal or Masterpass tender types
  • Depot Dollars cannot be used in conjunction with a Masterpass coupon 
  • Depot Dollars are non-refundable, non-transferrable, have no cash value and cannot be used as an account payment.
  • Members can view their Depot Dollars balance on the MyAccount section in their account after log in.

Service Depot Dollars

  • Business Select Members will receive one hundred (100) Depot Dollars upon their paid enrollment (“Service Depot Dollars”).  Service Depot Dollars are valid only on Print Services (excluding postage stamps and same-day business cards), Pack & Ship services, and Computer Setup and Repair Services.
  • Service Depot Dollars issued at enrollment in Business Select are valid for one year from the date of enrollment and will expire on the last day of 12th month of the first enrollment period. All Service Depot Dollars in a Business Select Member’s Account that are not used within the first year will be forfeited.
  • Members will receive one hundred (100) Service Depot Dollars on the first day of the month of each annual renewal period. All Depot Dollars in a Member’s Account will expire on the last day of the 12th month of each renewal period, and if not used, they will be forfeited.

General Depot Dollars

  • Business Select Members receive three (3) Depot Dollars for each ink or toner cartridge recycled in-store (“General Depot Dollars”). 
  • General Depot Dollars can be redeemed in conjunction with Service Dollars on eligible services listed above. General Depot dollars may also be redeemed for purchases of goods, excluding gift/prepaid cards, postage stamps, same-day business cards, Office Depot Marketplace items, subscription services or any third party provided services, including, but not limited to, home and office installations services, Managed IT as a Service, performance protection plans, trade-in services, cell phone repair, 3D printing, offsite shredding services, administrative, marketing and furniture services).
  • General Depot Dollars will only be issued for the first ten (10) cartridges recycled, for a maximum of thirty (30) General Depot Dollars issued per month per Member.  Members may recycle additional cartridges, but General Depot Dollars will only be earned on the monthly limit of 10.  We do not accept damaged cartridges for recycling.
  • Minimum qualifying in-store or online purchase totaling at least $10 or more each month is required to earn General Depot Dollars. Taxes, delivery fees, postage stamps, gift and prepaid cards and purchases made with rewards/ merchandise certificates/cards do not contribute to the $10 monthly purchase requirement.
  • General Depot Dollars are issued monthly and will expire at the end of each calendar quarter. General Depot Dollars that are not used before expiration will be forfeited.

Emails

  • Communications about the Program will primarily be communicated by e-mail or on officedepot.com/select. Business Select Members who opt out of receiving promotional/marketing emails from Office Depot® OfficeMax® will continue to receive emails regarding their account. Business Select Members agree to receive Program communication emails as a condition of being enrolled in the Program.

Restrictions and Revisions

  • Office Depot may terminate a Business Select Member account if the Business Select Member violates these Terms. Office Depot reserves the right, in its sole discretion to modify, limit or terminate the Program at any time, with or without prior written notice. Office Depot reserves 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 the Terms of the Program or the OfficeDepot.com Terms of Use; 3) that violates any applicable state and federal law; or 4) that Office Depot believes is fraudulent or made through improper channels.
  • Office Depot may revise these Terms by updating this posting. You agree that in the event any portion of these Terms is found to be unenforceable, the remainder of these Terms shall remain in full force and effect. By participating in this Program, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound.

General

  • Business Select Members are responsible for taxes, charges or other liabilities related to or resulting from their participation in the Program. A Business Select Member may cancel their participation in the Program at any time by calling Member services at 1-888-313-4851 or by logging into your Office Depot OfficeMax online account and visiting the My Account page to adjust your membership settings.
  • Office Depot assumes no responsibility for errors caused by incorrect Business Select Member information.
  • While Office Depot makes every effort to provide accurate information, inaccuracies or errors may occur. Office Depot is not responsible for such errors.
  • The interpretation and application of the Terms are in the sole discretion and determination of Office Depot, which in each case shall be final and conclusive. The laws of the United States and the State of Florida, without regard for its conflicts of law provisions, will govern these Terms, as well as Member’s and Office Depot’s observance of them. 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, as applicable, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these Terms 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 Office Depot fails to act with respect to a Member’s breach, or anyone else's breach, of these Terms on any occasion, Office Depot is not waiving its right to act with respect to future or similar breaches. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Member and Office Depot relating to the Program, and replace any prior understandings or agreements (whether oral or written) regarding the Program. If a court finds any of the Terms to be unenforceable or invalid, such Terms will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The Program is void where prohibited by law.

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 OF THIS PROGRAM. 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.

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, 6600 N. Military Trail, Boca Raton, FL 33496 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.

Binding Arbitration

You and Office Depot agree that any controversy or claim arising out of or relating to the Program, participation in the Program, these Terms shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by both Office Depot and you, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Office Depot, you will not be responsible for professional fees for the arbitrator's services or any other JAMS fees. If Office Depot initiates arbitration against you, Office Depot will pay for the arbitrator's services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Office Depot shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.