Terms and Conditions: Tech Services
THESE TERMS REQUIRE SETTLEMENT OF DISPUTES THROUGH BINDING ARBITRATION AND CONTAIN A WAIVER OF YOUR RIGHTS TO BRING A CLASS ACTION AND HAVE A JURY TRIAL. SEE PARAGRAPHS 36-38.
These Terms and Conditions: Tech Services (“Terms”) govern the purchase of certain technology repair, maintenance, and support services (“Services”) from Office Depot, Inc., and its affiliates, subsidiaries, and contractors (“Office Depot” or “us” or “we” or “our”). If you purchase a Service through www.officedepot.com (the “Website”), our Terms of Use and Privacy Policy also apply. Descriptions of the Services (each a “Service Description”) and applicable Fees are available on the Website and in our stores, and they are incorporated into these Terms. These Terms and other referenced documents constitute a binding legal agreement (the “Agreement”) between you and Office Depot. Other terms apply to other Office Depot products and services.
SETTING UP A CUSTOMER ACCOUNT; RELIANCE ON CUSTOMER INFORMATION
1. You may be required have a customer account (an “Account”) to purchase some of our Services. By establishing an Account, you confirm that (a) you are the age of majority in your state and (b) you have the legal capacity to enter into and be bound by this Agreement on behalf of yourself or your company.
2. Your Account is personal to the Account owner. You are solely responsible for all use of your Account, even if unauthorized, for maintaining the confidentiality of your log-in information, and for monitoring your Account for unauthorized use. We have no liability for any unauthorized use under your Account.
3. You agree to the use of email or other forms of electronic communication for purposes of (a) entering into this Agreement; (b) ordering Services; and (c) delivery of purchase receipts, notices, records of transactions, and other information. You waive any legal requirement that may require an original or non-electronic signature or agreement or delivery or retention of documents in paper format.
4. You agree that we may record, store, and monitor communications between you and Office Depot. You grant Office Depot a perpetual, irrevocable, worldwide, royalty free license to use comments, feedback, materials, or information submitted by you to provide the Services and for any other purpose permitted by our Privacy Policy.
LIMITATIONS ON USE AND AVAILABILITY OF SERVICES
5. Your use of any Service is solely for your personal or internal company purposes. You may not sell, resell, lease, rent, subcontract, sublicense or transfer the Services to others or use the Services to compete with us.
6. Services are subject to the availability of parts and other materials. Services include only the services, features, software, hardware, and peripherals specified in the Service Description, which may change from time-to-time. Office Depot may modify a Service Description by posting an updated version on the Website, and the modified Service Description will be effective when posted.
7. All Services are provided on an AS AVAILABLE basis. Not all Services may be available at all times, or in all locations, or in the format generally marketed. Some Services are dependent on our ability to contact you. You must give us a current email address and telephone number where you can be reached.
8. Office Depot may, at any time and without notice or liability, limit the use or availability of Services. We will not be liable for delays, damages, or failures due to causes beyond our control, including, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or other things we do not control.
9. We reserve the right, in our sole discretion and without notice, to suspend, terminate, or discontinue any aspect of a Service. If we terminate or discontinue a Service before we have finished providing it to you, we will refund any fees that you have paid to us relating to the undelivered portion of the Service. Such refund shall be your sole and exclusive remedy for our termination or discontinuance of a Service. You will not be refunded for the portion of the Services provided before the date of termination or discontinuance.
IN-STORE AND ONSITE SERVICES
10. Some Services are provided only during business hours at an Office Depot retail store. If the Services require that you leave a computer, tablet, mobile device, or other equipment for Service, we will attempt to notify you once the Service is complete. Equipment that is not picked up within 30 days after the completion of Services will be discarded. You expressly relieve Office Depot of any liability in connection with any such disposal. WE WILL NOT PRESERVE ANY DATA STORED ON ABANDONED EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY DATA THAT IS LOST AS A RESULT OF DISPOSAL OF ABANDONED EQUIPMENT.
11. For Services provided at your home or office, Office Depot will use reasonable efforts to schedule a mutually convenient time to provide the Services. You release Office Depot from all liability if we are unable to schedule a service call at your desired time. For any Service that includes the installation of software, a current, licensed version of the software must be provided by you, unless we agree to provide it in the Product Description or work order. New hardware provided by you must be in original, unopened packaging. If connection to an in-home or office network is required, access to the network configuration (i.e. TCP/IP address, etc.), IDs, addresses, passwords and authority will be required. You must provide a suitable work area for the technician. If required for the Services, the location must have working broadband internet access and power. An adult who is authorized to make any decisions must be present while the work is being performed.
REMOTE SERVICES
12. Consult the applicable Services Description for details on when remote Services are available and how to access them. If internet access is required, you must ensure that you have internet connectivity and that your computer environment is suitable to receive the Services via internet. Prior to providing a Service to you, we may qualify your internet connection to determine whether you have the minimum required speed; however, some devices may not be able to receive Services even if testing shows that your connection is qualified. In that case, the Services will be cancelled, and Office Depot shall have no liability for the inability to provide the Services.
ACCESS TO EQUIPMENT AND USE OF SOFTWARE
13. You authorize us to connect to, access, and control your equipment to receive the Services, including all associated hardware and software. This includes the right to inspect and open the equipment, to access and remove internal components, and to perform repairs. We may use and download software, gather system data, and modify hardware and software settings and user profiles to deliver the Services.
14. We may recommend that you acquire, install, and use software that is owned or licensed by Office Depot (“Office Depot Software”) or third-party licensors, providers, and suppliers (“Third-Party Software” and, together with the Office Depot Software, the “Software”). The Software may be provided as part of the applicable Fees for the Services or for an additional Fee. You acknowledge that we may not be able to provide the Services if you do not agree to install the recommended Software. You agree that we may download and use the Software and that we may accept applicable end user license agreements on your behalf. When Software is accompanied by an end user license agreement, your use of the Software is governed by the terms of that license agreement and by this Agreement. We may need to update or change the Software from time to time, and you agree to install such updates or changes. We may download and use trial versions of Software that may expire and cease to function unless you purchase a license to continue using such Software. We may, but are not obligated to, remove any Software when we cease to provide Services to you. In some instances, your rights to use certain Office Depot Software will cease once the Services cease.
15. Office Depot grants you a revocable, non-exclusive, non-transferable license to use the Office Depot Software in connection with the Services subject to the terms of any accompanying end user license agreement and this Agreement. You may not make copies of the Office Depot Software. You agree that the Office Depot Software is the proprietary information of Office Depot or its third-party licensors, providers, or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Office Depot Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Office Depot or its third-party licensors, providers, or suppliers. You may not decompile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Office Depot Software, or otherwise reduce the Office Depot Software to a readable form. You may not modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense, distribute copies, or otherwise transfer the Office Depot Software to any third party. You may not remove or alter any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Office Depot Software. You acknowledge that this license is not a sale of intellectual property and that Office Depot or its third party licensors, providers, or suppliers continue to own all right, title, and interest in and to the Office Depot Software and related documentation.
16. Third Party Software is licensed to you by the owners or licensors of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensors in their end user license agreement, whether or not Office Depot assists you in its acquisition, installation, and use. Office Depot has no rights to the Third Party Software, does not license or sublicense it to you, or warrant it to you.
17. We provide technical assistance and support for Software and hardware in accordance with our policies. If we provide technical assistance and support to you for Third Party Software, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software. You acknowledge that support of Third Party Software or hardware by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or hardware.
18. Your license to use the Office Depot Software remains in effect for the duration of the Services or until terminated by Office Depot, its third-party licensors, providers or suppliers, or until your Account is terminated. Upon termination of the Services or your Account, any license to use Office Depot Software terminates and you must cease using the Office Depot Software. Your right to use Third-Party Software is dependent upon the license terms under which you acquired the Third-Party Software.
19. In connection with the Services, Office Depot may suggest certain third-party services to you. Your use of any such services is subject to the terms of service of the third-party provider, and you agree that the provider is solely responsible for delivery of its services to you. Violation of a third-party provider's terms of service may result in the termination of your Services and Account.
DATA BACKUP
20. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND PERFORMING A COMPLETE AND COMPREHENSIVE BACKUP OF ALL DATA AND SOFTWARE STORED ON ANY EQUIPMENT OR DEVICE BEFORE PROVIDING ACCESS TO SUCH EQUIPMENT OR DEVICE TO US AND ALLOWING US TO PERFORM ANY SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER UNDER ANY CIRCUMSTANCE FOR ANY LOSS, DAMAGE, DESTRUCTION, HARM OR CORRUPTION THAT MAY ARISE FROM OR BE RELATED IN ANY WAY TO THIS AGREEMENT, THE SERVICES, THE EQUIPMENT OR DEVICE, OR DATA THEREON, INCLUDING CUSTOMER DATA, BUSINESS INTERRUPTION, WORKS OF LITERATURE, PHOTOGRAPHS, INFORMATION NECESSARY OR MATERIAL TO THE PERFORMANCE OF YOUR OCCUPATION, INTELLECTUAL PROPERTY, PERSONAL IDENTIFYING INFORMATION, SOFTWARE OR HARDWARE. IF YOU EXPRESSLY PURCHASE DATA BACKUP AS PART OF THE SERVICES, WE WILL REASONABLY ATTEMPT TO PROVIDE SUCH SERVICES, SUBJECT TO THE LIMITS OF OUR BACKUP SOFTWARE AND THE INTEGRITY AND ACCESSIBILITY OF YOUR DEVICE AND THE RELEVANT DATA. IF WE ARE UNABLE, OR FAIL, TO PERFORM THE BACKUP SERVICES FOR ANY REASON (INCLUDING OUR OWN NEGLIGENCE), OR IF ANY BACKUP REQUESTED DATA IS LOST, DAMAGED, INACCESSIBLE OR ERRONEOUSLY TRANSFERRED TO OR FROM YOUR DEVICE DURING THE BACKUP PROCESS, OUR MAXIMUM LIABILITY IS LIMITED TO THE LIQUIDATED DAMAGES SET FORTH WITHIN THIS AGREEMENT.
TERM AND TERMINATION; AUTOMATIC RENEWAL OF SUBSCRIPTION SERVICES
21. This Agreement begins upon your acceptance of these Terms and continues until terminated by you or Office Depot. Services may be provided on a one-time basis or on a recurring basis. Services provided on a recurring basis are referred to as “Subscription Services”. Subscription Services are subject to an initial contractual term (the “Initial Term”) as set forth in the Service Description. At the end of the Initial Term, Subscription Services will continue on a month-to-month basis until you or Office Depot terminates the Services.
22. One-time Service requests may not be cancelled after work has commenced. You may cancel a Subscription Service within 30 days of (a) the date your purchase or (b) the date that we materially change the Services Description for your Subscription Service (the “Cancellation Period”), in both cases without further obligation to pay Office Depot after the date of cancellation. You must return any equipment or products purchased from us as part of the Subscription Service in order to receive a refund for them. If we have started to provide Services to you, no refund will be provided for Services provided before the date of cancellation. Set-up and similar fees will not be refunded. To terminate a Service after the Cancellation Period, you must notify Office Depot no less than 10 days before the end of the then-current period in order to avoid being charged the applicable Fee for the next period. You can cancel your Service Subscription by calling (888) 263-3423 or on the Website. Termination may subject you to an early termination fee as described in these Terms. You agree to pay an Early Termination Fee (“ETF”) if you terminate your Subscription Service during the Initial Term (but after the Cancellation Period), or if Office Depot terminates for cause during the Initial Term. The ETF will be equal to 50% of the balance due for the Subscription Service for the remaining period of the Initial Term.
23. You may change your Subscription Service by contacting our customer service department. If you downgrade your plan, you will be assessed a Fee equal to 25% of the balance due under the original Subscription Service for the remaining period of the Initial Term. You will not be charged a Fee if you upgrade to a higher tier plan. Upgrading or downgrading your Subscription Service will result in a new Initial Term.
24. Office Depot may suspend or terminate this Agreement without notice if (a) you are in breach of any of the terms of this Agreement; (b) your use of a Service is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction to the Service, Office Depot's network, or the use and enjoyment of other users; (c) Office Depot receives an order from a court; (d) Office Depot ceases to offer the Service; (e) we determine that you are abusing a Service or using it excessively; (f) you fail to pay the Fees when due; (g) your bank or debit or credit card provider denies or discontinues your payment method for any reason; or (h) your debit or credit card expires and you fail to update your payment information.
FEES AND PAYMENT
25. You are required to pay the charges applicable to the Services and any other applicable charges, including taxes, shipping and handling fees, activation fees, set-up fees, minimum service fees, no-show fees, failure to cancel fees, termination fees, and insufficient credit or insufficient funds fees (each a “Fee”). You authorize Office Depot to charge your debit or credit card or other accepted payment method for payment of the Fees.
26. Fees may be charged (a) in advance of us providing a Service or (b) on a periodic basis. Set-up fees, activation fees, installation fees and other non-recurring charges will typically be charged at the time of purchase. Recurring Fees be billed in advance and usage charges will be billed in arrears.
27. By PUrchasing a subscription plan, you agree that we may charge the payment method associated with your Account automatically on a recurring monthly basis until you or we terminate your Service in accordance with this Agreement.
28. If any portion of your bill is not paid by the due date, Office Depot may charge you a late fee as set forth in the Service Description. If Office Depot utilizes a collection agency or legal action to recover monies due, you shall reimburse us for all expenses incurred, including attorneys' fees. You agree that Office Depot may charge your debit or credit card or other accepted payment method until all amounts due to Office Depot are paid in full.
LIMITED WARRANTY, DISCLAIMERS, LIMITATION OF LIABILITY, AND LIQUIDATED DAMAGES
29. We warrant we will use commercially reasonable efforts to provide the Services. You acknowledge and agree that the Services may not provide the results you desire. The Services may not detect or repair all issues or problems with your hardware and software. If any portion of the Services fails to conform to the foregoing warranty, and you give us written notice of such nonconformity within 30 days from completion of the Service, we will re-perform the nonconforming Services. THE REMEDY EXPRESSLY SET FORTH ABOVE IS YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY.
30. The limited warranty in Paragraph 29 does not cover any issues or interruptions caused by problems with a third-party service such as internet or wireless service. Further, while we use reasonable security measures to deliver the Services, you acknowledge and agree that no data transmission is 100% secure and we cannot guarantee that your personal information or other data will be free from unauthorized intrusion. You are responsible for having up to date industry standard virus protection and security software or tools installed on your computer equipment and systems, including mobile devices.
31. EXCEPT AS SET FORTH IN PARAGRAPH 29 ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR TECHNOLOGY QUESTIONS OR EQUIPMENT PROBLEMS. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY
32. IN NO EVENT SHALL OFFICE DEPOT (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), OR ITS THIRD-PARTY LICENSORS, PROVIDERS, OR SUPPLIERS, BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO OR LOSS OF DATA ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO USE THE SERVICES, OR COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, (INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY), EVEN IF OFFICE DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
33. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE PREVIOUS 12-MONTH PERIOD IN THE CASE OF A SUBSCRIPTION SERVICE OR THE ACTUAL AMOUNT PAID BY YOU FOR A ONE-TIME SERVICE.
34. CERTAIN JURISDICTIONS’ LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES AND OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU ONLY TO THE MAXIMUM EXTENT ALLOWED BY SUCH LAWS.
INDEMNIFICATION
35. You agree to indemnify, hold harmless, and defend (at our option) Office Depot, its officers, directors, employees, affiliates, agents, and subcontractors, and any other third-party provider who furnishes Services to you against all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, in any way related to or arising from (a) the violation of applicable laws, regulations, or this Agreement by you; (b) the violation of rights of any third party; (c) claims for infringement of any intellectual property rights arising from your use of the Services, the Software, or the internet; or (d) or any personal injury, death, or property damage attributable to you. Defense counsel must be reasonably acceptable to Office Depot. Office Depot reserves the right to employ its own counsel at its own expense. You agree not to settle any loss without the Office Depot written consent, which will not be unreasonably withheld.
ARBITRATION AGREEMENT AND WAIVERS OF CLASS ACTION AND JURY TRIAL
36. Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be settled by binding arbitration in Palm Beach County, Florida, in accordance with the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator shall be selected pursuant to the AAA Rules and shall apply Florida law consistent with the Federal Arbitration Act. The party who initiates arbitration must pay any AAA filing fee. THE ARBITRATION OF DISPUTES 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 ARBITRATION, 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. YOU AGREE TO MAINTAIN THE CONFIDENTIALITY OF ANY DECISION AND/OR AWARD MADE BY THE ARBITRATOR. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE PROVISIONS.
Under California Civil Code Section I789.3, California residents are entitled to the following consumer rights notice: The headquarters of Office Depot is located at 6600 North Military Trail, Boca Raton, FL 33496, Tel. (561) 438-4800. The Fees charged for the Services are specified in-store and on the Website. If you have a complaint regarding the Services or want a paper copy of these Terms, contact us by mail, telephone, or email at Customer.Relations@OfficeDepot.com or visit the Website at www.officedepot.com. The Consumer Information Center of the Department of Consumer Affairs may be contacted at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
37. CLASS ACTION WAIVER. If any claim proceeds in court rather than through arbitration, YOU AND OFFICE DEPOT AGREE THAT YOU AND WE SHALL BRING CLAIMS AGAINST ONE ANOTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
38. WAIVER OF JURY TRIAL. If any claim proceeds in court rather than through arbitration, for any reason, YOU AND OFFICE DEPOT EACH WAIVE ANY RIGHT TO A JURY TRIAL.
GENERAL PROVISIONS
39. All obligations under this Agreement that expressly or by their nature would continue beyond the cancellation, termination, or expiration of this Agreement shall survive such cancellation, termination, or expiration.
40. This Agreement is governed by the law of Florida and the arbitration provisions of this Agreement are governed by the Federal Arbitration Act. If any claim proceeds in court rather than through arbitration, for any reason, court proceedings must be brought in Palm Beach County, Florida, provided that if you bring a small claims action you may do so in the jurisdiction of your billing address. Except as otherwise required by applicable law, any claim under this Agreement must be filed within two (2) years after the claim or cause of action arises. Office Depot shall be entitled to recover its reasonable attorneys' fees and costs if it prevails in any action.
41. Office Depot's failure to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be an ongoing or future waiver of such terms. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected or impaired, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
42. This Agreement is the entire Agreement between you and Office Depot regarding the subject matter of this Agreement and supersedes any prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void. In the event of any inconsistency between these Terms and a Services Description, the Services Description shall control.
43. You may not assign this Agreement without our written consent, and any attempted assignment shall be void. We may assign, delegate, or transfer our obligations under this Agreement to our affiliates without your consent. Any Services under this Agreement may be delivered by Office Depot or its contractors and suppliers.
44. You and Office Depot are entering into this Agreement as independent contractors. This Agreement does not create an employment relationship. Except as set forth in this Agreement, neither has the authority to bind the other to any third party or otherwise to act in any way as the representative of the other.
45. Notices to Office Depot under this Agreement shall be sent in writing to Office Depot at 6600 North Military Trail, Boca Raton, FL 33496, and shall be effective upon receipt. We will send notices to you by email, phone, text, posting or at your Account address, as applicable, which shall be deemed given: (a) when sent to your registered email address; or (b) when deposited in the United States mail addressed to you at last-known address; or (c) when hand delivered to your last known address, as applicable.