legal
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legal

 

PRIVACY

TERMS OF SALE

TERMS OF USE

UNSOLICITED IDEAS POLICY

 

Updated October 2016

Welcome to jcpenney.com! Our products and services are provided subject to these Terms of Use. By using this website or our mobile application (together, the “Website”), you agree to be bound by these Terms of Use and our Privacy Policy. Please read them carefully, as they contain important provisions relating to your use of this Website, including an agreement to engage in binding arbitration to resolve any disputes between us and class action waiver. The waiver affects how disputes with us are resolved. By using this Website, you agree to be bound by the arbitration provision, so please read it carefully. This Website is owned and operated by J.C. Penney Corporation, Inc. (“JCPenney”).

 PRIVACY

 

Please review our Privacy Policy to understand our privacy practices. If you reside in California, please also see California Privacy Rights.

 

 

TERMS OF SALE

 

These Terms of Sale apply to all offers made by us, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this Website. These Terms of Sale are a part of our Terms of Use.

 

Returns. If you wish to return an item, please see our Return Policy.

 

Pricing. We work hard to ensure the accuracy of pricing on this Website, but despite our best efforts, pricing errors occur. If the price you are charged for any item is higher than the price posted or advertised, we will promptly refund the difference. If an item’s correct price is higher than our stated price, we will, at our discretion, contact you for instructions before shipping or, cancel your order and notify you of such cancellation. Prices may vary in Alaska and Puerto Rico.

 

Product Descriptions. Occasionally, a small number of items on this Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on this Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.

 

Colors. We strive to display the colors of the products shown on this Website accurately; however, because a monitor’s display may vary from the colors shown, we cannot and do not guarantee that your monitor’s display of any color will be the actual color of the products.

 

International Deliveries. We partner with Borderfree, Inc. to fulfill international shipping orders. See International Deliveries for more information.

 

Cancel an Order. If you want to cancel an order,please see Cancel an Order.

 

Store Pickup. Some products offered on this Website are available for same day pickup in JCPenney stores. Not all items are available for this service nor is the service available in all JCPenney stores. For same day pickup, your order must be submitted by 3 p.m. local time (1 p.m. local time Sunday) and the item must be available at the JCPenney store you selected. Your card will be charged at the time your order is processed. If someone else will be picking up your order you must designate him/her as an alternative pickup person when ordering. You will be notified by email when your order is ready for pickup or if an item is unavailable at that store. If an item is unavailable, that item will be canceled from your order. The ready pickup email will include instructions for picking up your item(s). Your order will be available for pickup only during normal store operating hours and only for orders confirmed via email. Most items will be ready for pickup within 4 business hours of the time the order is placed. When picking up your order, you must bring your order number, the card used to make the purchase and a valid driver’s license or ID. A designated alternate pickup person will need to bring the order number and a valid driver’s license or ID. JCPenney will hold your items for ten (10) days starting the day your order was processed by JCPenney. If your order is not picked up within ten (10) days, we will cancel the order and credit the transaction amount to your original method of payment. JCPenney reserves the right to limit the quantity of items ordered for same day pickup as well as the days of the year that the service is offered.

 

Quantity Limits. We offer products and services to consumers. We are a retailer, not a wholesaler, and do not sell to individuals or dealers for the purpose of resale to others. We reserve the right, in our sole discretion, to reject an order or otherwise limit the quantity of items purchased per person, per household, per account, per credit card, per shipping/billing address, or per order in our stores and jcpenney.com.

 

Sales Tax. Because we do business in all 50 states, we are required by law to collect all state and local sales taxes based on the destination of the order, whether the sale was made in a retail store, by phone, or via this Website. The Internet Tax Moratorium only provides that no new taxes can be applied to the internet itself and charges for Internet services, such as access charges. However, the Internet Tax Moratorium does not affect sellers who use the Internet as a medium to market their products. These sellers are subject to the same rules that have always applied, which means that sellers with a presence in a state must collect the state sales tax. Where applicable, sales tax is charged on shipping and handling for all orders. Tax rates are determined based on the delivery address of the order. Orders mailed to APO/FPO/DPO addresses are not subject to sales and use taxes. For information on taxes for international orders, please see Billing and Payments. TAX RATES ARE SUBJECT TO CHANGE AT ANYTIME.

 

Additional Customer Information. For warranties, rebates, product recalls, and other customer information, please refer to Customer Service.

 

TERMS OF USE

 

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this Website and any transactions after the date of change. Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes.


Accessing this Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to this Website and ensuring that all persons who access this Website through your internet connection and mobile device are aware of these Terms of Use and comply with them. 

 

Your Account
To access this Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer and device, and you agree to accept responsibility for all activities that occur under your account and password.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. We do not sell products or services to children, but to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may only use this Website or any of our services or purchase any product or service with the involvement of a parent or guardian.


Intellectual Property Rights
All content included on this site or made available through any of our services such as features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by JCPenney, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use this Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You must not access or use for any commercial purposes any part of this Website or any services or materials available through this Website.
If you print, copy, modify, download or otherwise use or provide any other person or third party with access to any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by JCPenney. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Copyright Policy

We have adopted the following policy toward copyright infringement with respect to this Website in accordance with the Digital Millennium Copyright Act. If you believe in good faith that any content residing or accessible on this Website infringes a copyright, you may request removal of those materials (or access thereto) from this Website by sending a notice of copyright infringement containing the following information:

  • Identification of the copyrighted work or material that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  • Identification of the content on the Website that you believe to be infringing and its location.  Please describe the content, and provide us with its URL or any other pertinent information that will allow us to locate the content;
  • Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address;
  • A statement that the Notifying Party has a good faith belief that the complained use of the work is not authorized by the copyright owner, its agent, or the law;
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner; and
  • The Notifying Party's physical or electronic signature.

 

Our address for copyright issues relating to this website is as follows:

J.C. Penney Corporation, Inc.

6501 Legacy Drive

Plano, Texas 75024

Attn: Legal Department

(972) 431-4446

trademarks-sm@jcp.com

 

In an effort to protect the rights of copyright owners, J. C. Penney Corporation, Inc. maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers, and permits a user who believes they are the wrongful subject of a copyright takedown notice to file a counter notification in accordance with our policy. 

 

Trademarks

Our company name and the following product names: The Original Arizona Jean Company, Liz Claiborne, Claiborne, Monet, a.n.a A New Approach, Decree,  J.Ferrar, Ambrielle, JCPenney Home Collection, Studio JCP Home, Cooks JCPenney Home, Stafford, St. John's Bay, Ambrielle, Worthington, Xersion, Made For Life, Total Girl, Adonna, Stylus, Sleep Chic, Boutique+, Home Expressions,  Okie Dokie, and Belle + Sky  JCPenney and all related names, logos, product and service names, designs and slogans are trademarks or trade dress of JCPenney, our affiliates or licensors.All other product names contained in this website may be trademarks or registered trademarks of their respective owners. Images of people or places in this Website are either the property of or used with permission by J.C. Penney Corporation, Inc. or JCP Media, Inc. The use or misuse of those images except as expressly authorized is prohibited.

 

Designated Agent for Copyright and Trademark Notices


We, and our affiliates, enforce our intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact our Designated Agent/J.C. Penney Legal Department at 6501 Legacy Drive, Plano, Texas 75024 email trademarks-sm@jcp.com, or call (972) 431-4446.

 


Prohibited Uses


You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To engage in any fraudulent activity, whether related to the purchase of a product, service or in connection with any promotional offer, including coupons, rebates or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate JCPenney, a company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm JCPenney or users of this Website or expose them to liability.

 

Additionally, you agree not to:

 

  • Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this Website, including their ability to engage in real time activities through this Website.
  • Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
  • Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of this Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
  • Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of this Website.

 

User Contributions


This Website has interactive features (“Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through this Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a perpetual, irrevocable, royalty-free, transferable right and license  to use, reproduce, modify, perform, display, distribute, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Contribution and/or incorporate such User Contribution into any form, medium or technology throughout the world without compensation to you. All User Contributions that you submit may be used at JCPenney's sole discretion. JCPenney reserves the right to change, condense or delete any User Contribution on this Website that JCPenney deems, in its sole discretion, to violate the Content Standards or any other provision of these Terms of Use. JCPenney does not guarantee that you will have any recourse through JCPenney to edit or delete any User Contribution you have submitted. Ratings and written comments are generally posted within two to four business days. However, JCPenney reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not JCPenney, are responsible for the contents of your User Contribution. No User Contribution shall be subject to any obligation of confidence on the part of JCPenney, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not JCPenney, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of this Website.

 

By submitting your email address in connection with your rating and review, you agree that JCPenney and its third party service providers may use your email address to contact you about the status of your User Contribution and for other administrative purposes. For some User Contributions, JCPenney or a brand may respond to a review or comment. If you have a concern with our response or a brand's response, contact us directly at 1.800.322.1189.

 

Monitoring and Enforcement; Termination


We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website, or the public, or could create liability for JCPenney.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.
  • Terminate or suspend your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website.  TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOU WAIVE AND HOLD HARMLESS JCPENNEY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 


We are not obliged to review material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, libelous, racially or religiously biased or offensive, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other party.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws, statute or regulations (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be false, inaccurate, misleading or likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Provide information that references other websites, addresses, email addresses, phone numbers or other contact information.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Contain any computer viruses, worms or other potentially damaging computer programs or files.

 

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of JCPenney to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted

The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material. 

This Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JCPenney, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JCPenney. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Third Party Links

 

The Website may contain links and interactive functionality interacting with the websites of third parties, including social sites, product manufacturers’ sites, advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Before enabling any sharing functions of this Website to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on this Website do not constitute an endorsement by us of such third-party sites. Other sites may link to this Website with or without our authorization, and we may block any links to or from this Website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

 

Information About You and Your Visits to this Website


All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Online Purchases and Other Terms and Conditions


All purchases or other transactions through this Website are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of this Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.


Geographic Restrictions


The owner of this Website is based in the state of Texas in the United States. We make no claims that the Webite or any of its content is accessible or appropriate outside of the United States. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Liability Waivers and Disclaimer of Warranties


TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JCPENNEY NOR ANY PERSON ASSOCIATED WITH JCPENNEY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER JCPENNEY NOR ANYONE ASSOCIATED WITH JCPENNEY REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


JCPENNEY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.


TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, JCPENNEY, ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, EVEN IF SUCH DAMAGES WERE FORESEEABLE.


SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification


You agree to defend, indemnify and hold harmless JCPenney, and each of our affiliates, licensors and service providers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your misuse of this Website, including, but not limited to, your User Contributions, any use of this Website's content,  products or services other than as expressly authorized in these Terms of Use or your use of any information obtained from this Website.


Governing Law


All matters relating to this Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).


Arbitration

Any dispute or claim arising out of or relating in any way to your use of this Website, to any purchases made through this Website, or to the sale of any products or services sold or distributed by JCPenney on this Website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.  The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.


There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery is more limited in arbitration than in court.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to JCPenney’s Registered Agent/Legal Department, located at 6501 Legacy Drive, Plano, Texas 75024. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, JCPenney will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.


We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  We each hereby waive our right to participate in any class action, whether in court or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

 

Waiver and Severability


No waiver by JCPenney of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of JCPenney to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement


The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and J.C. Penney Corporation, Inc., and its affiliates, with respect to this Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Website.


Your Comments and Concerns


This Website is operated by J.C. Penney Corporation, Inc., 6501 Legacy Drive, Plano, Texas 75024. All notices of copyright infringement claims should be sent to the Designated Agent as set forth in our Copyright Policy and to begin an arbitration proceeding, you must send a letter as set forth in Arbitration in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: Inquiries.


Notice For California Residents


Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this Website, please contact us at J.C. Penney Legal Department at 6501 Legacy Drive, Plano, Texas 75024 or call (972) 431-4446. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

UNSOLICITED IDEAS SUBMISSION POLICY

JCPenney and its employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials including but not limited to new or improved products, services or technologies, product or service enhancements, processes, artwork, advertising campaigns, promotions, marketing plans or new product or service names. This policy is an effort to avoid any misunderstandings or disputes concerning products, services, processes, advertising campaigns, promotions, marketing plans, new products, or service names JCPenney may internally develop or already has developed which might appear similar or identical to ideas submitted to JCPenney. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.

 

Terms Governing Submissions

You agree that: (1) your submissions and their contents will automatically become the property of JCPenney, without any compensation to you; (2) JCPenney may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for JCPenney to review the submission; and (4) there is no obligation to keep any submissions confidential. If you do not agree to these terms, please do not submit an unsolicited idea to JCPenney.

 

Welcoming Feedback

JCPenney welcomes comments, questions and feedback regarding our existing products and services. Please, only provide feedback on our existing products or services and do not include ideas that our policy prohibits. If you are interested in providing feedback, visit Inquiries. Any information provided at this Website is deemed non-confidential, and upon submission becomes the sole and exclusive property of JCPenney. JCPenney is free to use the information without restriction and without any compensation to you or any other person or party.

 

 

 

 

 

 

 

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