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terms of use
Welcome to tjmaxx.com (the "Website"), the Website for T.J.Maxx, a division of The TJX Companies, Inc. ("TJX"). T.J.Maxx, TJX and its affiliates are the "TJX Businesses."

General Use of Website:

Before using our Website, please take some time to review the following basic terms and conditions and the terms of our Privacy Notice (which are incorporated herein by reference), all of the foregoing collectively referred to as the "Terms of Use." Collection and use of user information under this Website is subject to the Privacy Notice. When you use our Website you are automatically agreeing to be bound by these Terms of Use. These Terms of Use may be changed or updated by T.J.Maxx from time to time. T.J.Maxx will inform users of the Website of any material changes to these Terms of Use by posting the revised Terms of Use on the Website. Those changes will go into effect on the last updated date shown in the revised Terms of Use. Continued use of the Website following any such changes shall constitute your acceptance of any new Terms of Use. Users are responsible for regularly reviewing these Terms of Use and we encourage you, therefore, to review them carefully whenever you use the Website. If you do not agree with any of the Terms of Use, please do not use the Website.

eligibility
By using this Website, you represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the Website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the Website may be subject in whole or in part to heightened age and/or other eligibility requirements.

additional terms
Some of areas of the Website may have additional terms and conditions ("Additional Terms").  Where Additional Terms apply, we will make them available for you to read through prior to your use of that area of the Website.  By using those areas of the Website, you agree to the Additional Terms.

copyright, trademark and other intellectual property rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, "Content") are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to the TJX Businesses, or our suppliers. Certain trademarks, service marks and trade names on the Website are the registered or unregistered trademarks, service marks and trade names of the TJX Businesses and may not be used without our express permission. Other trademarks, service marks and trade names and products contained herein are the registered or unregistered property of their respective owners. All software used on this Website is the property of the TJX Businesses or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.

You may not reproduce (except as expressly noted below), create derivative works from, distribute in any way, display or publicly perform any Content or software without the prior written permission of TJX. The Content of the Website, and the Website as a whole, and the software is intended solely for personal non-commercial use by you and other users of the Website. You may download one copy of any materials, other than music, found in the Content on a single computer for your personal, non-commercial use only. This is not a transfer of title to any Content and your use is subject to the following restrictions. You may not (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as necessary and incidental to the downloading of the one copy of the materials, other than music, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. The TJX Businesses reserve all rights not expressly granted herein.

References on this Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by the TJX Businesses.

submissions
Other than personal information which is subject to the Privacy Notice, all reviews, comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered to the TJX Businesses on or through the Website or otherwise disclosed, submitted or offered by you to us (collectively, "Submissions") shall be and remain the property of the TJX Businesses. Such disclosure, submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to the TJX Businesses of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. As such, the TJX Businesses will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, the TJX Businesses shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. The TJX Businesses shall have no obligation to use, return, or review any Submissions. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us.

In addition, you may use social media to access the Website or our content or to participate in promotions, contests, or sweepstakes.  You may submit content through such use or through the Website, including without limitation photographs and product reviews.  By doing so, you irrevocably grant to the TJX Businesses their successors and assigns, a non-exclusive, perpetual, royalty-free, fully paid right and license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use any content you submit, throughout the universe, for any reason whatsoever, in any and all media, including any rights of publicity therein. 

You promise that you own all rights to any Submissions or other content you port, transmit, or provide or, alternatively, that you have the right to give the TJX Businesses the rights described above. You agree that no Submissions by you to the Website will violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right(s). You also agree that no Submissions by you to the Website will be or contain libelous or otherwise unlawful, abusive, immoral or obscene material or that will constitute or encourage conduct that would be considered criminal or encourage conduct that is criminal. You are and shall remain solely responsible for the content of any Submissions you make. The TJX Businesses reserve the right to take any action they reasonably deem necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from this Website of any materials submitted by any user.

acceptable use of the website
You are responsible for your use of the Website, and for any use of the Website made using your account.  Our goal is to create a positive and safe community experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the TJX Businesses.  When you use the Website, you may not and agree that you will not:
  • violate any law or regulation;
  • violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
  • use our Website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others without their permission;
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • transmit any malicious or unsolicited software;
  • stalk, harass, or harm another individual;
  • impersonate or misrepresent your affiliation with someone else;
  • use any means to "scrape," "crawl," or "spider" any Webpages contained in the Website (although TJX does allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and TJX reserves the right to revoke these exceptions either generally or in specific cases); use automated methods to use the Website in a manner that sends more requests to the TJX Businesses’ servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
  • interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • register for more than one account on the Website or register for an account on behalf of an individual other than yourself;
  • recruit or otherwise solicit any user to join third party services or websites that are competitive to the TJX Businesses, without TJX’s prior written approval;
  • use, display, mirror or frame the Website or any individual element within the Website, the TJX Businesses’ names, any trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without TJX’s express written consent;
  • access, tamper with, or use non-public areas of the Website, the TJX Businesses’ computer systems, or the technical delivery systems of the TJX Businesses’ providers;
  • attempt to probe, scan, or test the vulnerability of any TJX Business system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the TJX Businesses or any of the TJX Businesses’ providers or any other third party (including another user) to protect the Website;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or advocate, encourage, or assist any third party in doing any of the foregoing.
The TJX Businesses will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The TJX Businesses may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that the TJX Businesses have no obligation to monitor your access to or use of the Website or to review or edit any Submission or other posted content, but have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The TJX Businesses reserve the right, at any time and without prior notice, to remove or disable access to any Submission or content that the TJX Businesses, at their sole discretion, consider to be objectionable for any reason, in violation of these Terms of Use or otherwise harmful to the Website.

notice of copyright infringement
We respect the intellectual property rights of others.  Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Website has infringed your intellectual property rights.  Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
To be effective the notification should include:
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit TJX to locate the material on the Website;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.  That written communication should include the following:
  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the District of Massachusetts, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by email to the following address, which is monitored by TJX’s agent for receipt of notifications of claimed infringement: domains@tjx.com

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice. 

Repeat Infringers

Your account will be terminated if, in our discretion, you are determined to be a repeat infringer.  Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

links to other sites and services
When you use our Website, you may discover that it contains links to other sites that are not owned or operated by the TJX Businesses. These links are not intended to be referrals or endorsements of the linked sites and the TJX Businesses are providing them only as a convenience. As such, the TJX Businesses do not warrant, represent or assume any responsibility or liability for the accuracy, completeness or operation of any linked site (or any site contained in a linked site), or the practices or privacy and other policies contained in any linked site (or any site contained in a linked site). You should familiarize yourself, therefore, with the specific legal, privacy and security information contained in any such sites. Our Website also contains links to other sites operated by the TJX Businesses. We advise you to review the legal, privacy and security information for each such site to which you link, as the terms and conditions of use and the policies relating to the personal information you provide may vary from site to site.

product information
We make all reasonable efforts to provide information on this Website that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We reserve the right to correct any such information without prior notice (including after you have submitted your order). We regret any inconvenience to you.

The inclusion of any products or services on this Website at a particular time does not guarantee that the products or services will be available.

Online prices and promotions for products may differ from prices and promotions for the same products in any store. Prices and promotions for products may also differ between stores and regions.

colors
We have tried to display the products and attributes of the products on the Website, including the colors of products, we are offering for sale accurately. Because the colors you see depend on your computer monitor, we cannot guarantee that your monitor's display of any color will be accurate.

disclaimer / limitation of liability
THE WEBSITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, THE TJX BUSINESSES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OF THE WEBSITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN THE TJX BUSINESSES AND THE TJX BUSINESSES AND THEIR AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. THE TJX BUSINESSES AND THEIR AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE WEBSITE, NOR DO THE TJX BUSINESSES ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE WEBSITE. THE TJX BUSINESSES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE WEBSITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, THE SOFTWARE, OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA.  IN NO EVENT WILL THE TJX BUSINESSES OR THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.  HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT THE TJX BUSINESSES AND THEIR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.

THE TJX BUSINESSES AND THEIR AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE. HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

THE TJX BUSINESSES AND THEIR AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TJX BUSINESSES OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
IN ADDITION, THE TJX BUSINESSES AND THEIR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE TJX BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE WEBSITE.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.

THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

indemnification
You agree to defend, indemnify and hold the TJX Businesses and their Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to: (a) your or anyone using your account’s use of the Website in violation of these Terms of Use; (b) any information (including your Submissions or any other content) that you or anyone using your account submit, post, or transmit through the Website in violation of these Terms of Use; (c) any other the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account.  The TJX Businesses reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we do assume the defense of such a matter, you will reasonably cooperate with the TJX Businesses in such defense.  The foregoing indemnity provision shall not apply to the extent that any claim arises from the TJX Businesses’ own fraud, willful injury, willful violation of law, negligence, or a violation of the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 et. seq.

disclaimer
No Submission shall be subject to any obligation of confidence on the part of the TJX Businesses and the TJX Businesses shall not be liable for any use or disclosure of any Submission.

jurisdiction
These Terms of Use are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions, except that the provisions of the New Jersey statutes, known as the New Jersey Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et. seq. will apply. Any action or proceeding arising out of or related to the Terms of Use, our Privacy Notice, or your use of the Website must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.

termination
We reserve the right not to provide the Website to any user.  We also reserve the right to terminate any user's right to access the Website at any time, in our discretion.  If you violate any of these Terms, your permission to use the Website automatically terminates.

arbitration agreement & waiver of certain rights
You and the TJX Businesses agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and the TJX Businesses hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and the TJX Businesses relating to these Terms or the Website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
 
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the TJX Businesses will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
 
This arbitration agreement does not preclude you or the TJX Businesses from seeking action by federal, state, or local government agencies. You and the TJX Businesses also have the right to bring qualifying claims in small claims court. In addition, you and the TJX Businesses retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
 
Neither you nor the TJX Businesses may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or the TJX Businesses’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
 
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with the TJX Businesses.
 
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE TJX BUSINESSES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

other provisions
Under no circumstances will the TJX Businesses be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

The failure of the TJX Businesses to enforce any right or provision of these Terms of Use will not prevent the TJX Businesses from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, a sale of assets or by operation of law.

This statement was last updated as of December 6, 2016.



privacy policy

Effective Date: January 2017

Welcome to the privacy notice for T.J. Maxx, a division of The TJX Companies, Inc. (“TJX”). TJX, Marshalls, T.J. Maxx, HomeGoods, Sierra Trading Post and other affiliates are the “TJX Businesses.” This Privacy Notice pertains to the personal information we collect about our customers in our stores, on our websites, via mobile apps, and through interest-based online advertising.  The Privacy Notice describes: information we collect
We may collect certain personal information from you in connection with your activities at T.J. Maxx, such as when you shop on our websites or in our stores. This information may include:
  • payment card or other financial account information;
  • contact, billing, and shipping information (including name, e-mail address, postal address, and phone number);
  • shopping history;
  • driver’s license number, military identification or state-issued picture identification;
  • date of birth;
  • geolocation data; and
  • other personal information you provide to us on our website(s), via mobile apps, on feedback forms, in our stores or when you interact with us in other ways, both online and offline. 
Additionally, we or companies acting on our behalf may collect certain computer and browser information through automated technologies such as cookies and web beacons when you visit our websites (whether or not you have signed in as a register user) or otherwise interact with us online. A “cookie” is a file that a website sends to a visitor’s computer or other Internet-connected device to identify the browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. 

The information collected using these tools may include your IP address, the address of the web page that referred you to our websites, dates and times of website visits and the location of your device. These automated technologies also permit the collection of “clickstream data,” which may include a log of content you access while browsing a website.  Companies acting on our behalf may combine the information collected from your visit to our website(s) with other information they have collected previously.

opt-out from/restrict cookies and online behavioral advertising      
Your web browser may tell you how to be notified when you receive certain types of cookies and how to restrict, reject or disable certain cookies (but please note that we do not respond to “Do Not Track” signals from web browsers). Additionally, you may opt-out of data collection from the particular companies that we use to collect information from users of our website(s). 
  • We use a company called Certona to collect and analyze information about the use of our website(s), which we use in part to help customize each user’s shopping experience and to offer you products.  To learn more about Certona’s collection and analysis of information by automated means, including how to opt out, click here.
  • We also use a company called Adobe to collect and analyze information about the use of our website(s).  To learn more about Adobe’s collection and analysis of information by automated means, including how to opt out, click here.
  • We also use a company called Google to collect and analyze information about the use of our website(s).  This information helps us serve relevant advertisements to you on Google, and also helps us to measure the effectiveness of our marketing campaigns.  If you have an account with Google, click here to manage your advertising settings, otherwise you can manage these settings through your web browser as is described above.
  • We also use a company called Facebook to collect and analyze information about the use of our website(s). This information helps us serve relevant advertisements to you on Facebook, and also helps us to measure the effectiveness of our marketing campaigns. If you have an account with Facebook, click here to manage your advertising settings.
how we use the information we collect
When we collect information from you, we may use it for a number of purposes, including to:
  • Process, manage, complete and account for transactions, including purchases and refund, exchange and layaway requests;
  • Provide our products and services to you and fulfill your orders;
  • Identify your product and service preferences; 
  • Improve merchandise selections and customer service;
  • Invite you to participate in customer research;
  • Notify you about new products, services, features, promotions, events and special offerings relating to the TJX Businesses we think you will find valuable;
  • Provide customer support and respond to your requests, comments and inquiries;
  • Create and manage online accounts you establish;
  • Enroll you in and administer our loyalty and other rewards programs upon your request;
  • Administer your participation in promotions, contests and sweepstakes;
  • Verify your identity in certain instances (such as when you pay by check, return merchandise, or request a refund); 
  • Secure our operations and protect against, identify and help prevent fraud, unauthorized activity, claims and other liabilities and minimize credit risk;
  • Comply with and enforce applicable legal requirements, industry standards, our policies, and our Terms of Use; and
  • Operate, evaluate and improve our business (including developing new products and services, managing our communications, performing market research, and administering our websites and mobile apps).
We also may use the information in other ways for which we provide specific notice at the time of collection.

In addition, we use information collected online through automated means for purposes such as (i) customizing our users’ visits to our websites or experience in a mobile app; (ii) delivering content (including advertising) tailored to our users’ interests and the manner in which our users browse or interact with us; (iii) measuring and managing the advertising effectiveness of our online and offline advertisements and events; and (iv) managing our business. We also use this information to help diagnose technical and service problems, administer our websites and mobile apps, identify users of our websites and mobile apps, and gather demographic information about our users. We use clickstream data to determine how much time users spend on web pages of our websites and mobile apps, how users navigate through our websites and our mobile apps, and how we may tailor our offerings to better meet the needs of our users. In order for us to maintain the accuracy of your personal information and improve our communication with you, we may also supplement the information we collect with other public demographic information. 

information we share
We may share your personal information among the TJX Businesses (which are affiliates owned by TJX, including Marshalls, HomeGoods, Sierra Trading Post, Trade Secret, Winners, HomeSense, and T.K. Maxx). They may use this information to offer products and services to you consistent with the purposes identified in this statement. Your information may also be transferred as an asset in connection with a merger or sale (including any transfers made as part of a reorganization, dissolution or liquidation) involving all or part of the TJX Businesses or as part of a stock sale or other change in corporate control.

If a contest, sweepstakes or promotion is jointly-sponsored by us and one or more other sponsors, your information may be shared with such sponsors. We do not control other sponsors' use of your personal information, and their use of your information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may choose not to participate in such jointly sponsored contests, sweepstakes or promotions. Such offerings may also be subject to additional rules and regulations governing your participation.   

We may also share certain personal information we collect about you with partners or third parties who perform services for us or with whom we contract for the purposes described in this Privacy Notice. For example, we may use third parties to host our websites or mobile apps, operate certain of its features, send e-mails, print or send mailings, run our sweepstakes, contests or other promotions, conduct customer research, authorize and process your payments, manage and analyze data and our advertising effectiveness, and fulfill orders. Such third-party service providers are given the information that they need to perform their designated functions and we do not authorize them to use or disclose your personal information for their own or any others' marketing purposes.

When you apply for the TJX Rewards™ Card, we share the information you provide with the financial institution that issues the card, and it is that institution’s privacy policy that applies to the information you provide on the TJX Rewards™ Card application.

We may also disclose information about you as is required by law or legal process such as subpoenas or court or agency orders, or as we may reasonably determine to be necessary or appropriate to protect our rights or the rights of others, to avert loss or harm to persons or property, to enforce our Terms of Use or this Privacy Notice, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

children's privacy
We do not seek nor will we knowingly collect personal information from anyone under the age of 13.

links
Our websites and mobile apps may provide links to other websites for your convenience and information.  These linked websites operate independently from TJX and may have their own privacy notices or policies.  Other linked websites may be owned or controlled by TJX but have privacy policies that differ from this one.  To the extent any linked websites you visit are not owned or controlled by TJX, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.  We suggest you review the privacy policies of any linked websites you visit.

how we protect your information
We maintain administrative, technical and physical safeguards designed to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of your personal information. However, we cannot guaranty the effectiveness of these safeguards, and nothing in this notice shall be construed as an express or implied warranty against loss, misuse or unauthorized access, disclosure, alteration or destruction.

your options
To update your preferences, ask us to remove your information from our mailing lists or submit a request, you may contact us as described in the Contact Information section. You also may use the following options.

opt-out from e-mail and/or postal mail
You can opt-out of receiving promotional e-mail and/or postal mail from us by doing the following:
  • If you have an account with us on the tjmaxx.tjx.com, you may click on the “Email Preferences” tab of your “My Account” page.
  • If you originally signed up for T.J. Maxx e-mail, you can opt-out from that e-mail by clicking here, and clicking on the “unsubscribe” link.
  • If you have received an e-mail from T.J. Maxx, you can opt-out from receiving further e-mails by following the opt-out or “unsubscribe” instructions provided in the e-mail you received.
  • Contact Customer Service, Monday - Friday 9:00 AM - 5:00 p.m. (Eastern Time) at the toll-free number 1-800-926-6299 if you do not want to receive promotional e-mail and/or postal mail communications from us in the future. Please specify if you would like to opt out of e-mail, or postal mail, or both. If you have already received communications from us, it will expedite the opt-out process if you are prepared to provide us with the exact name, and e-mail and/or postal mail addresses under which you have been receiving communications from us.
Please note that any opt-out for postal mail may take at least sixty (60) days to become effective. Also, you may still receive e-mail or postal mail from other members of the TJX Businesses if they received your e-mail or postal address from other sources or as a result of their own transactions or experiences with you, or if you request to hear from us again.

notice to california residents
your california privacy rights

If you are a California resident, California law provides that you be given the opportunity to opt out of our sharing your personal information with third parties that would use such personal information for their own direct marketing. Absent such an opt-out, we may share your information with other TJX Businesses (which are affiliates owned by TJX, including Marshalls, HomeGoods and Sierra Trading Post), to provide you with information about their products, services or promotions that we think may be of interest to you. We also may share your information with other non-affiliates absent such an opt-out, as described in the “Information We Share” section above. Accordingly, per California law, we provide a way for you to opt out if you do not want us to share your information in this manner. 

California residents can opt out of our sharing your information as described above by contacting Customer Service, Monday - Friday 9:00 AM - 5:00 p.m. (Eastern Time) at the following toll-free number: 1-800-926-6299, and requesting that you would like to opt out from receiving all marketing communications from T.J. Maxx and all other TJX Businesses.  If you have already received communications from us, it will expedite the opt-out process if you are prepared to provide us with the exact name, e-mail and/or postal mail addresses under which you have been receiving communications from us. Please note that it may take us up to 30 days to fully process your opt-out request.

To review our complete Privacy Notice, please click here.

contact information
If you have questions regarding our Privacy Notice, or if you wish to update the personal information you have provided to us, you may do so by:
  • Writing to us at the following address:
             T.J. Maxx
             770 Cochituate Road
             Framingham, MA 01701
             Attn: Customer Service - Privacy Notice
  • Calling customer service Monday - Friday 9:00 AM - 5:00 p.m. (Eastern Time) at the following toll-free number: 1-800-926-6299
changes to our notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our information practices. We will post a prominent notice on the site to notify you of any significant changes to our Privacy Notice and indicate when it was most recently updated.



site accessibility
T.J.Maxx endeavors to make this website accessible to all of its customers, including those with visual disabilities or who use assistive technologies. If you have any questions about the accessibility features of this website or if you need assistance using this website, please call our Customer Service representatives at 1-800-926-6299.



california: privacy & supply chain

Notce to California Residents

your california privacy rights
If you are a California resident, California law provides that you be given the opportunity to opt out of our sharing your personal information with third parties that would use such personal information for their own direct marketing. Absent such an opt-out, we may share your information with other TJX Businesses (which are affiliates owned by TJX, including Marshalls, HomeGoods, Sierra Trading Post and Derailied), to provide you with information about their products, services or promotions that we think may be of interest to you. We also may share your information with other non-affiliates absent such an opt-out, as described in the “Information We Share” section above. Accordingly, per California law, we provide a way for you to opt out if you do not want us to share your information in this manner. 

California residents can opt out of our sharing your information as described above by contacting Customer Service, Monday - Friday 9:00 AM - 5:00 p.m. (Eastern Time) at the following toll-free number: 1-800-926-6299, and requesting that you would like to opt out from receiving all marketing communications from T.J. Maxx and all other TJX Businesses.  If you have already received communications from us, it will expedite the opt-out process if you are prepared to provide us with the exact name, e-mail and/or postal mail addresses under which you have been receiving communications from us. Please note that it may take us up to 30 days to fully process your opt-out request. To review our complete Privacy Notice, please click here

T.J.Maxx’s Position Against Involuntary or Forced Labor as well as Our Statement for California’s Transparency in Supply Chains Act (SB 657)

T.J.Maxx’s vendor relationships are based on a mutual commitment to uphold the high ethical standards embodied in our Vendor Code of Conduct and vendor social compliance program. As a condition of conducting business with T.J.Maxx’s and as a means of self-certification, all merchandise vendors agree to comply with our Vendor Code of Conduct, which prohibits the use of any form of involuntary or forced labor, including labor obtained through slavery or human trafficking. Our Vendor Code of Conduct further requires that the goods our vendors sell to us have been manufactured in accordance with all applicable laws and regulations.

We contract with both independent auditors (including UL LLC and Intertek Group PLC) and other third parties (such as our buying agents) to conduct social compliance audits at factories for suppliers of products that we have designed, and to evaluate and address risks of forced labor, including slavery and human trafficking. We created our Global Social Compliance Manual, which is available in six languages and contains an audit procedure outline and factory evaluation checklist to help the affected factories better understand our Code and prepare for the audit process. The audits are conducted on an unannounced basis during specified time windows, and they are intended to verify the factories’ compliance with the standards contained in our Code, including our prohibition of involuntary or forced labor. Vendors are expected to cooperate fully with the audits and to provide the auditors with full access to their facilities, employees and documentation. The factory’s score on the initial audit determines how soon it will be re-assessed, according to a risk-based audit cycle we have developed. T.J.Maxx has procedures to take appropriate steps should we learn that a vendor is failing to meet our standards, including remediation, cancellation of purchase orders, and termination of our business relationship.

With respect to internal accountability, our Global Code of Conduct prohibits behavior that creates an intimidating or hostile work environment, and it requires Associates to obey all applicable laws and regulations of the countries in which we operate, including wage and hour rules. In choosing third parties to work with, our Associates are obligated to select vendors who act with integrity and in a manner consistent with the ethical principles stated in our Code. We review reported concerns and take appropriate action depending on the nature and severity of the violation.

We provide biennial training for Associates and management involved in the development and buying of merchandise, as well as cyclical in-person training for our buying agents, certain vendors and their factory managers around the world. Among other things, this training provides guidance on recognizing and mitigating the risks of forced labor, slavery and human trafficking.

We believe that these efforts underscore to our vendors, buying agents, and Associates our commitment and seriousness of purpose with respect to the ethical sourcing of our products. For many more details, particularly concerning our audit and training processes, we invite you to explore the section of our website dedicated to our Vendor Social Compliance Program.



california’s proposition 65
We are providing the following warning for products that have instructions directing you to this page:

WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
 

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