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| Corporate Express
Terms of Use |
| Terms and Conditions
of Use |
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PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE
TERMS AND CONDITIONS ("T&Cs") MAY HAVE CHANGED SINCE
YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU
INDICATE YOUR ACCEPTANCE OF THESE T&Cs.
Eway.com, Corporate Express.com, and Corporate Express
Promotional Marketing, (collectively the “Site”)
is owned by Corporate Express Office Products, Inc.
or Corporate Express US Inc. (collectively “Corporate
Express”) and is provided free of charge to users
who agree to abide by these T&Cs. Corporate Express
reserves the right to change the nature of this relationship
at any time, and to revise these T&Cs from time
to time in Corporate Express’ sole discretion.
Users who violate these T&Cs will have their access
canceled and they may permanently be banned from using
the Site. Users should check these T&Cs periodically.
By using the Site after Corporate Express posts changes
to these T&Cs, you agree to accept those changes,
whether or not you actually reviewed them |
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"Cookies"
are small encrypted data files (containing references
to user ID information supplied by the user and stored
on our secure server) that may write to your hard drive
once you have accessed a website. Corporate Express
uses cookies to enhance your shopping experience with
us. Cookies are used to keep track of items in your
shopping cart and to save your password so you do not
have to reenter it each time you visit the Site. To
learn more about how we protect customer information,
please review our Privacy Statement. |
| COPYRIGHTS, TRADEMARKS & RESTRICTIONS |
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The material included
herein, including site design, text, graphics, and the
selection and arrangement thereof are copyrighted ©
by Corporate Express Office Products, Inc., Corporate
Express Promotional Marketing, Inc., or Corporate Express
US Inc., ALL RIGHTS RESERVED. Eway.com®, Corporate Express®,
Productivity In Your Hands®, other trademarks, and all
page headers, custom graphics, and custom icons are
service marks and trademarks of Corporate Express Office
Products, Inc., Corporate Express Promotional Marketing,
Inc., or Corporate Express US Inc. All other trademarks,
product names, and company names or logos cited herein
are the property of their respective owners.
Unless otherwise indicated, the Site and all materials
on the Site, including, but not limited to, images,
illustrations, posts, audio clips and video clips (the
"Materials") are the property of Corporate Express and
its affiliates and licensors and are protected from
unauthorized copying and dissemination by copyrights
that are owned or licensed by Corporate Express and
by copyright law, trademark law, international conventions
and other intellectual property laws. You may not reproduce,
perform, create derivative works from, republish, upload,
post, transmit, or distribute in any way whatsoever
any Materials from the Site (or any other website owned
or operated by Corporate Express or its subsidiaries
or affiliates) without Corporate Express' prior written
permission. However, you may print in hard copy portions
of the Site with the sole intent of placing an order
with Corporate Express or applying for credit. Printing
Materials for any other reason, transferring Materials
for use on any other website, or the modification, distribution,
or republication of Materials without Corporate Express'
prior written permission is strictly prohibited. Any
modification of Materials, or any portion thereof, or
use of Materials for any other purpose constitutes an
infringement of trademark or other proprietary rights
of Corporate Express or third parties. |
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| Corporate Express is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from Corporate Express, and Corporate Express has no control over the content of that other website. In addition, a link to any other website does not imply that Corporate Express endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Corporate Express of that third party or of any product or service provided by a third party. |
| PRODUCT AND SERVICES INFORMATION |
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| We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. In addition, some of the information and content on the Site may be provided by third parties and CE is not responsible for the accuracy of such third party information or content.
The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
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| NOTICE AND TAKE DOWN PROCEDURES |
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If you believe any
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 Corporate Express’ legal department (identified
below) and provide the following information:
- A clear statement identifying the works, or other
materials believed to be infringed.
- A statement from the copyright holder or authorized
representative that the Materials are believed to
be infringing.
- Sufficient information about the location of the
allegedly infringing Materials so that Corporate Express
can find and verify its existence.
- Your name, telephone number and e–mail address.
- A statement from you under penalty of perjury that
the information supplied is accurate, and that you
are authorized to act on the copyright owner’s
behalf.
- A signature or the electronic equivalent from the
copyright holder or authorized representative.
Corporate Express’ agent for notice of copyright
issues on the Site can be reached as follows:
Corporate Express US Inc.
1 Environmental Way
Broomfield, CO 80021
Attn: Legal Department
(ref: Copyright Infringement)
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| You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which Corporate Express considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any "virus", "trojan horse" or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity. |
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| By using the Site, you agree to indemnify and defend and hold Corporate Express, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates and third parties providing information or services on the Site (collectively, the "Corporate Express Parties") harmless for and against any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these T&Cs (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. Corporate Express reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. |
| DISCLAIMER, LIMITATION OF LIABILITY |
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THE SITE IS PROVIDED
BY CORPORATE EXPRESS ON AN "AS IS" AND "AS AVAILABLE"
BASIS. CORPORATE EXPRESS MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1)
THE OPERATION OR AVAILABILITY OF THE SITE, (2) THE QUALITY,
ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS
ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE
FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES
OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
CORPORATE EXPRESS IS NOT RESPONSIBLE FOR PRINTING OR
TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS,
STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS
AND ORGANIZATIONS. NONE OF THE CORPORATE EXPRESS PARTIES
REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR
RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER
INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH
THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH
OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT
YOUR SOLE RISK.
NONE OF THE CORPORATE EXPRESS PARTIES IS RESPONSIBLE
OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE
INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE CORPORATE
EXPRESS PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE,
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. |
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| Corporate Express may,
in its sole discretion, terminate or suspend your access
to all or part of the Site, for any reason, including
without limitation, breach of these T&Cs. In the event
these T&Cs are terminated, the restrictions regarding
Materials appearing on the Site, and the representations
and warranties, indemnities and limitations of liabilities
set forth in these T&Cs will survive termination.
In the event that you are unsatisfied with the services
provided by Corporate Express, your sole remedy is to
terminate your use of the Site. |
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| Corporate Express operates the Site from its offices within the United States. Corporate Express makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These T&Cs will be governed by and construed in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these T&Cs or matters related to the Site will be brought in either the State or Federal Courts of the State of Colorado; provided, however, that notwithstanding anything contained in these T&Cs to the contrary, Corporate Express shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Corporate Express' rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these T&Cs is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these T&Cs and the remaining provisions of these T&C will remain in force. These T&Cs constitute the entire agreement between you and Corporate Express concerning your use of the Site. |
| COMMENTS, COMPLAINTS AND QUESTIONS |
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| We welcome your feedback
about the Site. Please note that any comments, ideas,
notes, messages, suggestions or other communications sent
to the Site shall be and remain the exclusive property
of Corporate Express and we may use all such communications
in any manner, including reproducing, disclosing and publishing
such communications, all without compensation to you.
Should you have any questions or complaints regarding
violations of these T&Cs, please contact us. |
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| © Corporate Express, All Rights Reserved |
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