Welcome to marmaxxinsiders.com, a website for T.J. Maxx, Marshalls, and HomeGoods, each operated by divisions of The TJX Companies, Inc.


T.J.Maxx Marshalls HomeGoods Insiders Online Panel Terms and Conditions

You must agree to the following Terms and Conditions of use before you access or otherwise use or participate in the T.J.Maxx Marshalls HomeGoods Insiders Online Panel. Your access to and membership in the T.J.Maxx Marshalls HomeGoods Insiders Online Panel, which includes the Panel website, e-mail messages, and their content (the “Panel”) is governed by the following Terms and Conditions. By accessing the Panel, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions. The Panel shall be available for each of the following brands of THE TJX COMPANIES, INC. and its affiliated and subsidiary companies: T.J.Maxx, Marshalls, and HomeGoods.

Notification of Changes
We may change or revise these Terms and Conditions from time to time by updating this posting. Your use of the website reaffirms your continuing agreement to the then-current Terms and Conditions. Any future changes to these Terms and Conditions will be posted on the Panel website.

Confidentiality
Your invitation to participate in the Panel is personal and non-transferable. You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the Panel. Your Panel member name and password are for your use only. You may not disclose your password to any other person.

Assignment
You irrevocably assign to THE TJX COMPANIES, INC. and/or its agents all rights in any ideas or expressions of ideas that you provide to the Panel. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to THE TJX COMPANIES, INC. and/or its agents through this web site will become and remain the exclusive property of THE TJX COMPANIES, INC. and/or its agents, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge THE TJX COMPANIES, INC’s. and/or its agents’ unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personal information, THE TJX COMPANIES, INC. and/or its agents have no obligation to keep your submissions confidential,
pay to users any compensation or royalties for any submissions, or provide attribution to any users for any submissions. THE TJX COMPANIES, INC. and/or its agents 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.

You agree that no submissions by you to the Panel 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 Panel 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 COMPANIES, INC. and/or its agents reserve the right to take any action it reasonably deems necessary to cure or prevent a violation of the Terms and Conditions, including without limitation, removal from this website of any materials submitted by any user.

Privacy
To the extent that you also provide us with any of your personally identifiable information, THE TJX COMPANIES, INC. will use such information in accordance with the privacy policy provided in the following link:  
http://tjmaxx.tjx.com/store/jump/topic/find-help/legal/2400080#privacypolicy, a copy of which is also available by clicking on the “Privacy” link at the bottom of this website.

Membership
Your membership in and access to the Panel is strictly at the discretion of THE TJX COMPANIES, INC. and/or its agents and may be revoked at any time without cause and without notice. Further, certain eligibility requirements shall be required to prescreen potential panelists that may include, but are not limited to, residency (panelists must be US residents), employment (retail sector employees and employees of THE TJX COMPANIES, INC. may be disqualified) and otherwise at the sole discretion of THE TJX COMPANIES, INC. and its affiliated brands.

Code of Conduct
You agree not to upload, post or transmit to or distribute or otherwise publish through the website any materials which (i) restrict or inhibit any other user from using the website, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the website or are libelous, defamatory or offensive. You agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of THE TJX COMPANIES, INC. and/or its agents.

You also agree to abide by these rules of conduct:

• Panelists must be 18 years of age or older.
• Only those who are members of the Panel may access it. You may not share your member ID or password with any other person and must notify THE TJX COMPANIES, INC. if your member name or password has been lost, stolen, or used by another person.
• Unless specifically told otherwise, you must keep confidential all information that THE TJX COMPANIES, INC. and/or its agents, other Panelists, and you share with the Panel.
• You agree not to copy, modify, distribute, download, display, post, or transmit the Panel website, e mail messages, and their content in any form. THE TJX COMPANIES, INC. and/or its agents have the sole right to use the ideas and information that you put forth in the Panel.
• You agree not use the Panel to solicit or advertise any commercial activity.
• You agree not to use behavior that does not support a safe and comfortable environment for all Panelists, including but not limited to posting or transmitting any unlawful, threatening, defamatory, vulgar, obscene, sexually graphic, inflammatory, or profane material, any material that violates the rights of a third party, or any other inappropriate material.
• You agree not to take any action that imposes an unreasonable or disproportionately large load on the website or otherwise interferes with the Panel.
• You agree to receive emails from the Panel which will inform you of new activities such as discussion topics and surveys that are available on the site.
• Although THE TJX COMPANIES, INC. may monitor postings and transmissions, it is not obligated to do so and will not be liable for their content. THE TJX COMPANIES, INC. reserves the right to edit or remove any post or transmission for any reason, including that, in its judgment, is inappropriate.
• You understand that THE TJX COMPANIES, INC. and/or its agents do not endorse the information posted in the Panel.

Incentives
• Vision Critical Communications Inc. (“Vision Critical”) administers and operates the Panel website and the sweepstakes and other incentives offered to panelists on behalf of THE TJX COMPANIES, INC.
• Rules for each such sweepstakes or other incentive shall be provided on the website.
• THE TJX COMPANIES, INC. shall fulfill and Vision Critical shall administer all such sweepstakes and other incentives offered to panelists in compliance with the applicable rules.
• Incentives are associated with Panel participation and do not constitute any encouragement (implicit or explicit) on the part of any THE TJX COMPANIES, INC. customer or non-customer to purchase THE TJX COMPANIES, INC.’s products and services.

Limited Access and Use of the Panel
THE TJX COMPANIES, INC. grants you a limited license to access and use the Panel solely to participate as described above. You acknowledge that unauthorized use of the Panel may violate copyright, trademark, privacy, publicity, and communications laws.

International Users

This website is controlled, operated and administered by THE TJX COMPANIES, INC. from its offices within the United States of America. THE TJX COMPANIES, INC. makes no representation that materials on this website are appropriate or available for use at locations outside of the United States. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, the website is not intended for you, and we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. If you access this website from locations outside of the United States, you are responsible for compliance with all local laws.


Disclaimer / Limitation of Liability

THE WEBSITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH YOUR MEMBERSHIP IN THE PANEL IS 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 COMPANIES, INC. AND ITS 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. THE TJX COMPANIES, INC. AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE WEBSITE, NOR DOES THE TJX COMPANIES, INC. ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE WEBSITE. THE TJX COMPANIES, INC. AND ITS AFFILIATES 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 OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA. HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX COMPANIES, INC. 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 COMPANIES, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.

THE TJX COMPANIES, INC. AND ITS 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 COMPANIES, INC.’S 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 COMPANIES, INC. AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, OR SOFTWARE 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 COMPANIES, INC. OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS.

IN ADDITION, THE TJX COMPANIES, INC. AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, ITS CONTENT, AND THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 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. THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX COMPANIES, INC.’S 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 COMPANIES, INC. and its 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 Panel in violation of these Terms and Conditions; (b) any information (including your submissions or any other content) that you or anyone using your account submit, post, or transmit through the Panel in violation of these Terms and Conditions; (c) any other the violation of these Terms and Conditions 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 COMPANIES, INC. reserves the right, at its 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 Companies, Inc. in such defense.  The foregoing indemnity provision shall not apply to the extent that any claim arises from THE TJX COMPANIES, INC.’S 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 to the Panel shall be subject to any obligation of confidence on the part of THE TJX COMPANIES, INC. and/or its agent and THE TJX COMPANIES, INC. and/or its agent shall not be liable for any use or disclosure of any submission.

Jurisdiction

These Terms and Conditions 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 and Conditions, our Privacy Notice, or your use of or participation in the Panel 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 membership in the Panel to any user.  We also reserve the right to terminate any user's right to access the Panel at any time, in our discretion.  If you violate any of these Terms, your permission to use the Panel automatically terminates.

 

Arbitration Agreement and Waiver of Certain Rights

You and THE TJX COMPANIES, INC. agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and THE TJX COMPANIES, INC. hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and THE TJX COMPANIES, INC. relating to these Terms and Conditions, the Panel, 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 COMPANIES, INC. 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 COMPANIES, INC. from seeking action by federal, state, or local government agencies. You and THE TJX COMPANIES, INC. also have the right to bring qualifying claims in small claims court. In addition, you and THE TJX COMPANIES, INC. 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 and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Neither you nor THE TJX COMPANIES, INC. 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 COMPANIES, INC.'S 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 and Conditions 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 and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with THE TJX COMPANIES, INC.

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 COMPANIES, INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Other provisions

Under no circumstances will THE TJX COMPANIES, INC. or its Affiliates 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 COMPANIES, INC. to enforce any right or provision of these Terms and Conditions will not prevent THE TJX COMPANIES, INC. and/or its agent from enforcing such right or provision in the future.

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

If any provision of these Terms and Conditions is found to be unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.

This statement was last updated as of June 19, 2017.