(July 10th 2017)
Except for the historical information contained herein, Micro Elemental matters discussed are forward looking statements that involve risks and uncertainties detailed from time to time in Micro Elemental's reports filed with the Securities and Exchange Commission, including Micro Elemental's most recent Forms 10-K and 10-Q.
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 Micro Elemental or its subsidiaries and affiliates ("Micro Elemental") or are the property of their respective owners. One or more patents may apply to this website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 7,908,173; and 7,908,176. The name Micro Elemental and the Micro Elemental 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 Site for the purposes of:
(1) placing an order with Micro Elemental; or
(2) using this Site as a shopping resource, provided you do not modify the Site 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, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Micro Elemental or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Micro Elemental, is strictly prohibited.
DISCLAIMER OF WARRANTY
MICRO ELEMENTAL 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 MICRO ELEMENTAL BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, MICRO ELEMENTAL 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 MICRO ELEMENTAL 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 MICRO ELEMENTAL’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
In an effort to provide our customers with the most current information, Micro Elemental 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 Micro Elemental (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 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 Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged at Micro Elemental stores. Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site 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 Site 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 or pricing information.
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 Micro Elemental ("Transmissions") shall be and remain Micro Elemental's property. By submitting any Transmissions to Micro Elemental, 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
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 Micro Elemental 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.
By submitting your email address in connection with your Transmission, you agree that Micro Elemental and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
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.
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 [insert]. You may also contact us by writing to [insert] or by calling [insert]. 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.
Micro Elemental Recurring Offers
If your device does not support MMS alerts then you will receive an SMS alert. To unsubscribe at any time from Micro Elemental Recurring Offers, reply STOP or QUIT to any of our messages, or text STOP or QUIT to 33768, or contact us at firstname.lastname@example.org or call 1-800-463-3768. If you have any questions, reply HELP to any of our messages, text HELP to 33768, or contact us at 1-800-463-3768.
PLEASE NOTE: You agree that if the mobile telephone number you provide as part of Micro Elemental Recurring Offers at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY Micro Elemental, Inc. of any such reassignment or termination by calling 1-800-463-3768 or by sending an email to email@example.com
Redeeming Reoccurring Text Offer
Unless otherwise noted, the prices and offers advertised through Micro Elemental Recurring Offers are valid only at www.officedepot.com, by phone or fax, or in-store. To redeem in-store, show the Micro Elemental, Inc. text message containing a coupon code ("cc") to the cashier at time of purchase. Coupons are valid on regularly priced items in stores. For phone or fax orders, use the 8-digit cc. To redeem online, visit www.officedepot.com/cart/addCoupon.do and enter the 8-digit cc; savings will appear at checkout. Coupons cannot be combined with Store Purchasing or Procurement Card and cannot be used as account payments. Coupons are good for one-time use only, are not transferable, are 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 customer. Void where prohibited.
Transactional SMS/Text Alerts
Micro Elemental OfficeMax Rewards: If you create an online Micro Elemental OfficeMax Rewards membership account, Micro Elemental may ask you to verify your identity. Micro Elemental may also ask to verify your identity when you log in to your membership account to print your reward certificate. One way to verify your identity is to request that Micro Elemental send a one-time registration code to your mobile telephone as an SMS/text message from the short code 57002 (or the short code designated by Micro Elemental). This verification text message will only be sent to customers who specifically request it. By requesting a verification code, you consent to receive an automated text message from Micro Elemental containing the verification code.
Online Order Status: You may elect to receive an SMS/text alert regarding the status of any online order that you place via the Micro Elemental website. If you elect to receive a status update, Micro Elemental will send a one-time automated SMS/text message regarding the status of your order to your mobile telephone from short code 57002 (or the short code designated by Micro Elemental). Please note that to receive status updates from Micro Elemental, you will be required to elect to receive a text message for each individual order status notification requested. Message and data rates may apply.
Online Order Pickup: At the “Online Order Pickup” kiosk in Micro Elemental and OfficeMax stores, you may elect to send a text message notifying the store associates that you are in the store to pick up your order. By texting the store number (shown on the kiosk) to short code 57002 (or the short code designated by Micro Elemental), you agree to receive a one-time responding text message from Micro Elemental confirming your order status. You also agree that each text message you send to the designated short code will trigger a one-time responding text from Micro Elemental. Message and data rates may apply.
Message & Data Rates May Apply
Micro Elemental text messages are available on these SMS supported carriers: AT&T, T-Mobile®, Verizon, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, Ntelos, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless.
Micro Elemental text messages are available on these MMS Supported Carriers: AT&T, Cricket, T-Mobile®, Sprint, Verizon, U.S. Cellular.
You acknowledge that any text messages you receive from Micro Elemental are distributed via third-party mobile network providers. As a result, Micro Elemental cannot control certain factors relating to message delivery. You further acknowledge that neither Micro Elemental nor your wireless carrier is liable for delayed or undelivered text messages.