Welcome to the Marshalls app (the "App") and services ("Services") for Marshalls, a division of The TJX Companies, Inc. ("TJX"). Marshalls, TJX and its affiliates are the "TJX Businesses."
General Use of App
By using the App and Services, 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 App and Services 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 App and Services may be subject in whole or in part to heightened age and/or other eligibility requirements.
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 App and Services as well as the selection, arrangement and organization of the foregoing and the App and Services 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 App 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 App is the property of the TJX Businesses or their 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 App, and the App and Services as a whole, and the software is intended solely for personal non-commercial use by you and other users of the App and Services. You may download one copy of any materials, other than music, found in the Content on a personal mobile device 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 App 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 App 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.
Copyright and Intellectual Property Policy
Notice of Copyright or Intellectual Property 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 App 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:
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified
materials from the App 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:
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:firstname.lastname@example.org
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
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.
In addition, you may use social media to access the App or our content or to participate in promotions, contests, or sweepstakes. You may submit content through such use or through the App, 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.
Acceptable Use of the App
You are responsible for your use of the App and Services, and for any use of the App and Services 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 App or Services, you may not and agree that you will not:
We have tried to display the products and attributes of the products on the App, including the colors of products, we are offering for sale accurately. Because the colors you see depend on your device display, we cannot guarantee that your device's display of any color will be accurate.
We make all reasonable efforts to provide information on this App 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 App at a particular time does not guarantee that the product or services will be available. The prices displayed on this App are quoted in U.S. dollars and are valid and effective only in the United States.
Any prices that appear on the App for products may differ from prices for the same products in any store. Prices for products may also differ between stores and regions.
When you use our App, 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 App may 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.
Disclaimer and Limitation of Liability
THE APP AND SERVICES, THEIR CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE APP 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 APP, OR THE OPERATION OR FUNCTION OF THE APP, 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 APP 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 APP, NOR DO THE TJX BUSINESSES ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE APP. 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 APP, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE APP, THE SOFTWARE, OR ANY PRODUCTS PURCHASED THROUGH THE APP, 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 APP 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 APP, 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 APP 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 APP.
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 APP; (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 APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP 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 APP. 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.
IN THE EVENT OF ANY PROBLEM WITH THIS APP, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE APP. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS AP, 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 RETURN 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.
Changes to the App
The TJX Businesses enhances and updates the App and Services often. We may change or discontinue the App and/or Services, with or without notice to you.
We reserve the right not to provide the App or Services to any user.We also reserve the right to terminate any user's right to access the App or Services at any time, in our discretion.If you violate any of these Terms, your permission to use the App and Services 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 App (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.
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.
Last Updated: February 26, 2021