Welcome!  You are visiting the website of Marshallsonline.com, the website for Marshalls (referred to herein as the “Website”).  Marshalls is a division of The TJX Companies, Inc. (“TJX”).  Marshalls, TJX and its affiliates are collectively referred to as the “TJX Businesses.”

Marshallsonline.com is operated by Marshalls and the mailing address is 770 Cochituate Road, Framingham, MA  01701.

General Use of Web Site

Before using our Website, please take some time to review the following basic terms and conditions and the terms of our Privacy and Security Policy (which are incorporated herein by reference).  Collection and use of user personal information under this Website is subject to the Privacy and Security Policy.  The Terms of Use and the Privacy and Security Policy are collectively referred to as the “Terms of Use.”  When you use our Website you are automatically agreeing to be bound by the Terms of Use.  The Terms of Use or any term or conditions thereof may be changed or updated by TJX from time to time without prior notice.  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 the Terms of Use and we encourage you, therefore, to review them carefully whenever you use the Website.  We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason.  If you do not agree with any of the Terms of Use, please do not use the Website.

Children under the age of 13 may not use this Website and parents or legal guardians may not agree to the Terms of Use on their behalf.  If you are under the age of 18 but at least 13 years of age you may use this Website only with the consent of and under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use.  If you are a parent or legal guardian agreeing to the Terms of Use on behalf of a child between the ages 13 and 18, you agree that you are fully responsible for use of this Website by that child, including any financial charges that the child may incur through use of the Website.

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 modification or 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.

Other than personal information which is subject to the Privacy and Security Policy, all comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other Content 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 property rights in the Submissions, and you acknowledge that your use of the Website is consideration for that assignment.

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 on, 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 or post any Submissions that you do not wish to assign to us.

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, intellectual property, or proprietary right(s).  You also agree that no Submissions by you to the Website will be or contain libelous, defamatory, tortious, or otherwise unlawful, abusive, threatening, immoral, offensive, profane 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.  You shall not alter, modify, edit or remove any Submissions by any third party to the Website.  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 and/or removal and/or termination of any account of any user.

Certain sections of the Website may include Content submitted by third parties.  Although TJX may periodically review Content posted on the Website by third parties, TJX has no control over Content submitted by others to the Website.  Any opinions, advice, statements, services, offers, or other information or Content posted, expressed or made available on the Website by third parties are those of the respective authors and not TJX, and TJX does not endorse any of the foregoing.  TJX makes no representation or warranty as to the accuracy or reliability of any Content posted on the Website by third parties and assumes no liability for any such Content.  You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content posted by third parties.

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 websites.

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 website to website.

Establishing or maintaining a link from another website to this Website without the prior express written consent of TJX is strictly prohibited.  Displaying this Website or any Content contained on this Website in frames or through similar means on any website without TJX’s express written permission is also strictly prohibited.  Any permitted links must comply with all applicable laws and regulations.

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 regret any inconvenience to you.

We have tried to display the products and attributes of the products on the Website, including the colors of products 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.

If you are shopping at our stores, you will see that many products include both our selling price and a "Compare At" price. The "Compare At" price on our selling ticket reflects our evaluation of the regular, retail selling price of that or a comparable item in finer catalogs or specialty or department stores, based on our buying staff's knowledge of what you may expect to pay in competitive national markets. It represents our effort to provide a meaningful comparison so that you, our customer, are confident that what you are purchasing from us is, indeed, real value.

All GiftCards and other gift certificates are deemed purchased in and issued from the Commonwealth of Massachusetts.  The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.  Certain restrictions regarding use or purchase of a GiftCard or other gift certificate may apply.

A gift message service is available to our users through the Website subject to the following guidelines.  You may not use libelous, defamatory, tortious, or otherwise unlawful, abusive, threatening, immoral, offensive, profane or obscene language in gift messages.  We reserve the right (but do not assume the obligation) to restrict or remove any and all content from gift messages that we determine, in our sole discretion, violates these guidelines or would be harmful to us, our users, or any third party.

The Website may provide from time to time the opportunity to enter contests or sweepstakes sponsored by one of the TJX Businesses or a third party.  You acknowledge and agree that each contest or sweepstakes is governed by the Official Rules posted for that contest or sweepstakes and is void where prohibited by law.  Before participating in any contest or sweepstakes provided on the Website, you agree to review the applicable Official Rules and eligibility requirements and restrictions for participation in that contest or sweepstakes.

The Privacy and Security Policy governs the use of personal information provided by you at the Website.  We collect non-personal information through the Website and we may take your personal information and make it non-personal information, either by combining it with information about other individuals (aggregating the information) or by removing characteristics that make the information personal to you (de-personalizing your information).  The Privacy and Security Policy does not apply to information that is not personal information and there are no restrictions under the Privacy and Security Policy upon our right to aggregate or de-personalize your personal information and use and share that information with third parties.  View our Privacy and Security Policy  to learn about the measures we employ designed to help protect your credit and debit card information.  Should any unauthorized charges appear on your credit card as a result of purchases made on this Website, you must notify your credit card provider in accordance with its reporting rules and procedures.

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 pursuant to applicable laws.  In addition, the TJX Businesses 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 do not assume any liability or responsibility for the accuracy of such information.  The TJX Businesses, and their respective employees, directors, officers, agents, representatives, vendors, and/or suppliers 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, software or content, or any use of any of the foregoing, even if an authorized representative of the TJX Businesses has been advised or should have known of the possibility of such damage.  in no event will the TJX Businesses 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.

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 shall not be liable for any damages of any kind related to your use of or inability to use the Website.

The TJX Businesses 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.

In addition, the TJX Businesses 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 of any intellectual property or other proprietary rights.  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 (BUT NOT ANY TJX BUSINESS) 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.

You agree to defend, indemnify and hold the TJX Businesses harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.

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.  Any action or proceeding arising out of or related to the Terms of Use 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.

This statement was last updated as of August 2, 2004.

©2008  Marshalls.  All rights reserved.