The T.J.Maxx Maxx You Project, which includes the Women Embracing Change and Maxx You Facebook groups, (the “Program”) is provided by T.J.Maxx, a retail store brand owned and operated by The TJX Companies, Inc. and its subsidiaries (“T.J.Maxx”) and administered by Daniel J. Edelman, Inc. (the “Administrator”) These general Terms & Conditions (“Terms”) apply to the operation of the Program. We ask that you please review these Terms carefully prior to participating in the Program. There is no purchase necessary to participate in the Program.
Through the Program, you may have the opportunity to interact with others. It is therefore important that everyone involved in the Program understand certain guidelines regarding participation in the Program. You agree to abide by the following Guidelines:
- Be Kind, Courteous and Positive. The purpose of the Program is to uplift and inspire. While sometimes we all need to vent some frustration, comments/content meant to harass, threaten, attack or shame or are defamatory toward any person/people, entity, belief or symbol are inappropriate for the Program, and may result in your participation being terminated.
- Respect Everyone’s Privacy. Please do not ask for or share your or anyone else's personal information, such as full name, email addresses, phone number, mailing address, health details, social media handles, or other private information or information that could identify you. Please do not publicize any communications you receive as part of the Program.
- Not Commercial. Yes, T.J.Maxx is a business, but the Program is not intended to be used for commercial purposes. Please do not use the Program to promote products or commercial services--whether yours or someone else’s. There is nothing wrong with using the Program to discuss and share information about non-commercial programs or non-profits, such as women-centric programs.
- Not Illegal, Not Hateful. The Program is not the place to communicate about or promote illegal activities or content. any activity or content that is hateful to any gender, race, ethnic group or sexual orientation, or any other inappropriate activities or content. Any content of this nature may result in your participation being terminated in T.J.Maxx’s sole discretion.
While we reserve the right to review any communication in the Program to ensure that these Program content guidelines are followed, we do not generally review communications and have no obligation to review every communication. This could delay delivery of your Program communications. While you have no expectation of privacy with respect to your communications, we will not publicize your communications without your separate written approval. Unlawful conduct or harassment of participants in the Program may be reported to law enforcement. While we do not control the actions of participants, we require all participants to abide by the same guidelines.
Your interactions with organizations or individuals found through the Program are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that T.J.Maxx, the Administrator, their respective, parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between Program participants, or between Program participants and any third party, you understand and agree that Released Parties are under no obligation to become involved. In the event that you have a dispute with any other participant, you hereby release the Released Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Program. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
By participating in Program, you agree that the Released Parties will have no liability for the operation of the Program, including: (1) any incorrect or inaccurate information whether created by a participant, any of the Released Parties or third parties; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in communications or other equipment or media; (3) unauthorized human intervention in any part of the Program; (4) technical or human error which may occur in the administration of the Program; or (5) any injury or damage (physical or emotional) to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Program.
REMINDER: THE PROGRAM WILL INVOLVE INTERACTION AMONG PARTICIPANTS. NONE OF THE RELEASED PARTIES ARE IN ANY WAY RESPONSIBLE FOR ANY INTERACTION BETWEEN ANY OF THE PARTICIPANTS DURING OR AS A RESULT OF THE PROGRAM. YOU PARTICIPATE IN THE PROGRAM AT YOUR OWN RISK. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TJX AND ADMINISTRATOR SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS. YOU UNDERSTAND THAT T.J.MAXX MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OR ANY OTHER SCREENING OF PARTICIPANTS. T.J.MAXX ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF PARTICIPANTS OR ATTEMPT TO VERIFY THE STATEMENTS OF PARTICIPANTS. T.J.MAXX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PARTICIPANTS OR THEIR COMPATIBILITY WITH ANY OTHER PARTICIPANTS. T.J.MAXX RESERVES THE RIGHT, AND YOU AUTHORIZE T.J.MAXX, TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE PROGRAM, MAY RESULT FROM PARTICIPANTS ENGAGING WITH THE PROGRAM FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
You agree to use caution in all interactions with other participants, particularly if you decide to communicate outside of the Program or meet in person.
While T.J.Maxx or Administrator may review Program content, T.J.Maxx does not control or endorse the content, messages or information provided as part of the Program, and therefore, T.J.Maxx specifically disclaims any liability with regard to the services and the contents thereof.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
To the extent permitted by applicable law, you hereby agree to indemnify and hold harmless T.J.Maxx and the Released Parties from any and all claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising as a result of your participation in the Program or your violation of the Terms. In the event of any claim, T.J.Maxx and/or the Released Party shall have the right to defend and settle any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any such claim without the prior written consent of T.J.Maxx or the applicable Released Party.
In the event you believe a participant is violating the Terms or otherwise misusing the Program, please contact us at: [firstname.lastname@example.org]
T.J.Maxx reserves the right to terminate the Program, or any individual’s ability to participate in the Program in its sole discretion at any time without notice for any reason whatsoever. The provisions of this Agreement that by their terms or sense are intended to survive termination or expiration of these Terms will survive and remain in full force and effect.
T.J.Maxx reserves the right to make changes in these Terms at any time, in its sole discretion, without notice.
These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware. Any action or proceeding arising out of or related to the Terms must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.
You and TJX agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent of TJX) through binding and final arbitration instead of through court proceedings. You and TJX hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes between you and TJX or you and a third-party agent of TJX (a "Claim") will be exclusively by final and 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 proceedings 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, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TJX 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 TJX from seeking action by federal, state, or local government agencies. You and TJX also have the right to bring qualifying claims in small claims court. In addition, you and TJX 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 TJX 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 TJX'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. If for any reason a claim proceeds in court rather than in arbitration you and TJX each waive any right to a jury trial. 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. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with TJX
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 TJX WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.