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Terms & Conditions
Terms and Conditions

This document, our rules, policies and the other documents referenced herein make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and TJ Retail Place, Inc (“TJ Retails”). This contract sets out your rights and responsibilities when you use TJ Retails and our Service (the “Service” includes the “Websites” (tjretails.com), (marketplace.tjretails.com) and the application for your mobile device (the “App”), To access most features of the Service, you may register for an Account with us (an “Account” or a “TJ Retails Account”). Our Service includes all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Contact Center are displayed. Please read our Terms completely and carefully.

BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
 
This Site doesn't sell goods directly. All goods under the "giant retailers" program are sold by each retailers and all goods under the "marketplace" program are sold by independent sellers/vendors. Any purchases you make on our partners sites be sure to check their “terms & conditions”. You are cautioned to read such sites' terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites.

You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. TJ Retail Place shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. TJRetails.com does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the "coupons" and specials listed on this Site. You agree that TJ Retail Place and its licensors and advertisers shall have no liability whatsoever from such third-party sites and your usage of them. The inclusion of an advertisers links or framed content on this site does not imply endorsement of that site by TJ Retail Place d/b/a TJ Retails or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. Any issues you have with a merchant should be directed to that specific merchant's customer service group.

 Any purchases you make on our marketplace platform "marketplace.tjretails.com" are subject to those terms and conditions. 

TJ Retails does not sell, purchase any goods itself, take possession of the goods, either for itself or on behalf of Users or others. While TJ Retails may help facilitate transactions, Users that list and sell items through the Service ("Sellers") and Users that purchase items through the Service ("Buyers") are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means “you”) are collectively referred to herein as “Users” of the Service.

TJ Retails provides payment processing services using third party service providers for items listed on its marketplace. Payment options include but are not limited to credit card, debit card, PayPal, Apple Pay, Amazon Pay, Cryptocurrencies. Sellers may have funds from sales deposited into their designated bank account (“Direct Deposit”). TJ Retails does not accept or dispense cash.

TJ Retails is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the Service please see the "Refund & Return" page. But we are not and shall not be involved in other disputes between Users. Payment to TJ Retails constitutes a payment to the Seller minus the TJ Retails commission. 



Your Account with TJ Retails    

You’ll need to create an Account with TJ Retails to use some features of our Service. If we determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, we may, at its sole discretion, take action, up to and including termination of your Account, block your email addresses and IP address from accessing our sites. Additional information can be found in the following pages: Marketplace Guidelines , Privacy Policy , FAQ's. If you have previously violated our Terms using another Account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed. 

  • You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use TJ Retails or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online.
  • A User shall not use a TJ Retails Account or it's Services for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all Buyers or Sellers accountable for violations of law, violations of these Terms and all applicable policies. 
  • Sellers are required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account. 
  • If you apply as a business, such as to comply with a verification request or to complete a W-9 tax reporting form, you will be asked to provide information such as EIN, business address, and/or tax classification filing status in addition to verifying information about yourself and your authority to represent the business or entity(ies). 
  • Usernames: If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
  • If you make purchases, you will be asked to provide information about your Payment Instrument(s). “Payment Instrument(s)” include(s) credit card, debit card, an account hosted elsewhere such as PayPal, Amazon Pay etc. A TJ Store balance resulting from your earnings from prior sales, or another payment method such as cryptocurrencies, buy now pay later options. We do not accept cash or check as a payment method. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the financial institution/issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated. 
  • Sellers If you complete a sale, your commission will be send to your bank account using Direct Deposit every Wednesday's. It is your responsibility to ensure that your bank account information is entered correctly. We may request additional information to verify your bank details. We may be unable to help you recover money sent to an inaccurate bank account number. We do not dispense cash or issue checks as a method of payment. 
  • Sellers you are responsible for all chargebacks fees, buyer refunds, or payment reversals received by TJ Retails, even after you close your account. Amounts owed to TJ Retails or to others may be removed from your balance or requested via an invoice by TJ Retails to be processed as a payment from you or processed by a collections agency. 
  • You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable. 
  • Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. 


Your Content with TJ Retails  

Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.). 

  • Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission, this includes TJ Retails and it's partners trademarked name or logo.
  • Permission to Use Your Content. By posting Your Content through our Services, you grant TJ Retails a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help TJ Retails function and grow. That way, we won’t infringe any rights you have in Your Content and we may offer you or TJ Retails buyers promotions on the Site, from time to time, that may relate to your listings. By posting Your Content, you grant TJ Retails a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote TJ Retails, or the Service in general, in any formats and through any channels, including across any TJ Retails Service or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. 
  • Reporting Infringing Content. TJ Retails has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If intellectual property that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow our DMCA/Copyright Notification steps listed in our "Privacy Policy" page. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
  • Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on TJ Retails Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive. See our "Marketplace Guideline" page for more info.


Your Use of Our Services  

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

  • Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use TJ Retails to list or sell items that violate any laws, to commit fraud, theft or any other crimes against TJ Retails, another TJ Retails User or a third party. You may not use TJ Retails shipping labels to send or transmit items that are illegal or prohibited to ship. Please review our prohibited items and conducts on the following page. 
  • Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to us sending you information electronically (by email, in-app messenger, etc.) instead of mailing you paper copies  and that your electronic agreement is the same as your signature on paper. 
  • Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users. 
  • Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Etsy Intellectual Property and Seller Content) without our express permission. 
  • Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. TJ Retails is not responsible for the decency, accuracy, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates TJ Retails Policies for internal review. 
  • Items You Purchase. TJ Retails does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent third-party sellers, so TJ Retails cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release TJ Retails from any claims related to items sold through our Service, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).
  • People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 
  • Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, Pinterest, Walmart, Amazon etc.). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. TJ Retails is not a party to those agreements; they are solely between you and the third party. 
  • Gift Cards and Coupons. You acknowledge that TJ Retails does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.


Suspension or Termination

TJ Retails reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, TJ Retails will promptly terminate without notice the Accounts of Users who are determined by TJ Retails to be "repeat offenders." A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice. 

  • Termination By You. We'd hate to see you go, but you may terminate your account with TJ Retails at any time from your account settings. Terminating your account will affect the availability of some of Your Content that you posted through the Services prior to termination and may loose any information associated with the account. Additionally you’ll still be responsible for any outstanding bills/balance. 
  • Termination By TJ Retails. We may terminate or suspend your account (and any accounts we determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, TJ Retails will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. 
  • We may require Users to verify information including but not limited to identity, financial or contact information. TJ Retails may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification, including placing holds on your TJ Account balance for up to 90 days based on risk, including chargebacks and other Buyer claims. You may be required to provide additional information regarding your Account usage, your listings or your transactions to release the holds on these funds. 
  • Funds may also be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances, when: (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a chargeback or payment reversal from a Buyer's Payment Instrument issuer for the amount of a Buyer's purchase from a Seller; or (d) a Seller does not act in accordance with TJ Retails Terms including the sale of prohibited items and/or the creation of multiple TJ Retails Accounts. 


Warranties and Limitation of Liability  

God forbid in the future if TJ Retails gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending TJ Retails to the best of your ability. That means you must assist TJ Retails in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights. 

WARRANTIES. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TJ RETAILS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TJ RETAILS IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. TJ RETAILS HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL TJ RETIALS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TJ RETAILS HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF TJ RETAILS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) $100.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR TJ RETAILS ACCOUNT BALANCE, THE SOLE REMEDY AGAINST TJ RETAILS SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL TJ RETAILS BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF TJ RETAILS OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

TJ RETAILS SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

TJ RETAILS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

Liability Limits. To the fullest extent permitted by law, neither TJ Retails, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall TJ Retails aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify TJ Retails from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Things You Can’t Sue Us For: 

Items You Purchase
Content You Access
People You Interact With
Third-Party Services
Gift Cards and Promotions 



Legal Disputes and Use of Arbitration

You and TJ Retails each agree that any and all disputes or claims at law or equity that have arisen or may arise between you and TJ Retails relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, except that you may assert a claim in small claims court, if it meets the criteria for such. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and TJ Retails agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND MERCARI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MERCARI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

All arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to TJ Retails at the following address in order to initiate arbitration proceedings: TJ Retail Place 260 Peachtree St, STE 2200, Atlanta, GA 30303.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same TJ Retails User to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims under $10,000, TJ Retails will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator.

Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this section shall be null and void.




If you have any questions or concerns please email us at: 
legal@tjretails.com   



Last updated on Feb 9, 2023


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