Terms & Conditions

Effective: June 17, 2026

Welcome to jcpenney.com! Our products and services are provided subject to these Terms & Conditions. By using this website or our mobile application (together, the “Website”), or by making a purchase, you agree to be bound by these Terms and Conditions and our Privacy Notice. Please read them carefully, as THESE TERMS AND CONDITIONS INCLUDE A BINDING ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. This Website is owned and operated by Penney OpCo LLC (“JCPenney”).

PRIVACY

We collect and process information about you when you access and use our Website or otherwise interact with us. For more details about our information practices, please see our Privacy Policy.

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 do not, however, apply to your purchase of Marketplace Products (defined below), which are instead governed by the JCPENNEY MARKETPLACE section below.

Website Transaction. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was submitted. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

The information on this Website does not constitute a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after our receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Website for resale by you or any other person, and you may not resell any item purchased from this Website. The prices displayed on the Website are quoted in U.S. dollars and are intended to be valid and effective only in the United States.

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. Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart. 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.

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.

JCPENNEY MARKETPLACE

You may have access to a marketplace platform through the Website that provides certain third-party sellers (“Marketplace Sellers”) the opportunity to sell and ship their products (“Marketplace Products”) directly to you. Marketplace Products will be identified as such on the applicable product page or during the checkout process.

General. When you purchase a Marketplace Product, you are purchasing directly from the applicable Marketplace Seller, and not from JCPenney. JCPenney is not a party to the transaction between you and the Marketplace Seller. JCPenney acts solely as a platform to facilitate the listing and sale of Marketplace Products and does not itself take title of, sell, resell, or offer for sale any Marketplace Products. You must contact the Marketplace Seller with any questions, concerns, or other support inquiries related to a Marketplace Product. You acknowledge JCPenney has no obligation to address such questions, concerns, or inquiries related to Marketplace Products.

Prices; Payments. Marketplace Sellers set the prices for their Marketplace Products, and such prices are subject to change at any time. JCPenney’s coupon codes, discounts, and promotions will not be applicable to Marketplace Products, unless expressly stated otherwise on this Website. JCPenney (or its service provider) will process payments for Marketplace Products, and JCPenney will handle any payment-related disputes, refunds, credits, chargebacks, and adjustments, as applicable, with respect to Marketplace Products.

Shipment and Fulfillment. The Marketplace Seller, not JCPenney, will be solely responsible for order fulfillment and shipping a Marketplace Product. When you place an order for a Marketplace Product, you intentionally direct JCPenney to disclose certain personal information to the Marketplace Seller for the purpose of fulfilling your order. The personal information JCPenney will disclose for this purpose includes your name, shipping address and other transactional details. JCPenney will not provide other personal information of yours, including your payment information, to Marketplace Sellers. While the JCPenney Privacy Policy describes how JCPenney collects, uses, discloses, and otherwise processes information about you, including when facilitating your purchase of Marketplace Products, your direct interactions with Marketplace Sellers are subject to the applicable Marketplace Seller’s privacy policy.

Returns. JCPenney expects Marketplace Sellers to maintain minimum standards for customer returns. Marketplace Products may only be returned subject to the applicable Marketplace Return Policy, which can be viewed on the Marketplace Return section of JCP’s Return Policy.JCPenney’s standard Return Policy does not apply to Marketplace Products unless otherwise stated. Some Marketplace Products may be returned at a JCPenney’s store. The list of exclusions can be found in the Marketplace Return policy section of our Return Policy. In the event of any conflict between these Terms and Conditions and Marketplace Seller’s terms and policies, these Terms and Conditions will control.

Disclaimer. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT JCPENNEY IS NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR MARKETPLACE PRODUCTS OR FOR THE MARKETPLACE SELLERS (OR ANY OF THEIR ACTIONS OR OMISSIONS), INCLUDING WITHOUT LIMITATION THE QUALITY, SAFETY, LEGALITY, OR ACCURACY OF ANY MARKETPLACE PRODUCTS OR MARKETPLACE PRODUCT LISTINGS.

DISPUTE RESOLUTION

ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. It contains an arbitration agreement. 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 statutorily-imposed limitations periods, the right to engage in discovery except as provided in applicable rules, the right to certain remedies and forms of relief, and the right to appeal or to court review of any award.

Most customer concerns can be resolved by calling Customer Service at 1-800-322-1189. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Dispute will be resolved.

For purposes of this section, “JCPenney” means Penney OpCo LLC and its employees, affiliates, parents, subsidiaries, owners and agents.

Agreement to Arbitrate. Except for the Excluded Disputes, YOU AND JCPENNEY AGREE THAT ANY DISPUTE (as defined below) BETWEEN YOU AND JCPENNEY WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

Definition of “Dispute.” For purposes of this agreement to arbitrate, “Dispute” shall be construed as broadly as possible and includes disputes, claims, or controversies that (1) arose or involve facts occurring before the existence of this or any prior versions of these Terms, (2) currently exist, and (3) arise after the termination of these Terms.

Any Dispute covered by both this agreement to arbitrate and any other agreement with JCPenney to arbitrate shall be resolved in accordance with these Terms.

Excluded Disputes. Notwithstanding the above, you may assert individual claims in small claims court if your claims qualify and subject to any applicable jurisdictional and monetary limits.

Application of the Federal Arbitration Act (“FAA”). The Federal Arbitration Act and federal arbitration law apply to this Arbitration Agreement, notwithstanding any choice-of-law provision addressing the substantive law applicable to these Terms.

Informal Dispute Resolution. Any party with a Dispute against the other party must engage in good-faith efforts to resolve the Dispute before initiating arbitration. The parties therefore agree that, before either party demands or attempts to commence arbitration against the other, the parties will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Dispute covered by this agreement to arbitrate (Informal Dispute Resolution Conference). To initiate this good-faith effort to informally resolve a Dispute, you agree to notify us in writing via an individual letter signed by you which provides your name, email address, telephone number associated with your JCPenney account (if any), the nature of the dispute, and the basis for your claim(s) and the resolution you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the Dispute. Please submit the letter to: JCPenney’s Legal Department, located at 6501 Legacy Drive, Plano, Texas 75024, with a copy to: disputeresolution@catalystbrands.com. Any Informal Dispute Resolution Conference must be individualized such that a separate conference must be held each time either party intends to commence arbitration. Multiple individuals initiating claims cannot participate in the same Informal Dispute Resolution Conference, unless mutually agreed to by the parties. If either party is represented by counsel, that counsel may participate in the conference, but the parties shall also fully participate in the conference. The Informal Dispute Resolution Conference shall occur within 60 days after the other party receives notice, unless an extension is mutually agreed upon by the parties or unless the volume of dispute notices necessitates an extension. In the interval between the party receiving such notice and the Informal Dispute Resolution Conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an Informal Dispute Resolution Conference is a mandatory requirement that must be fulfilled before commencing arbitration. The arbitrator shall dismiss any arbitration filed without full and complete compliance with these Informal Dispute Resolution procedures. If an arbitration is dismissed because a party failed to comply with these Informal Dispute Resolution procedures, the parties agree that the party that failed to comply shall be responsible for paying any arbitration filing fees and costs incurred by the other party. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this paragraph.

Arbitration Procedure. There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery may be 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 these Terms as a court would.

To begin an arbitration proceeding after completing an Informal Dispute Resolution Conference, you must send a demand for arbitration to JCPenney's Legal Department, located at 6501 Legacy Drive, Plano, Texas 75024 with an email copy to svclegalsparc@catalystbrands.com. JCPenney will send any arbitration demand against you to the email associated with your JCPenney account or your counsel, if any. Any demand for arbitration must include (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; and (4) the personal signature of the party seeking arbitration.

The arbitration will be conducted by JAMS under its rules, including the JAMS Comprehensive Arbitration Rules and Procedures and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines (collectively, the JAMS Rules). The JAMS Rules are available at www.jamsadr.org. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules and applicable fee schedule(s), except that JCPenney will reimburse any portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction in the location of the arbitration. A single, neutral arbitrator shall be appointed in accordance with the JAMS Rules. The arbitrator shall have the exclusive authority to resolve all threshold arbitrability issues, including whether this agreement to arbitrate is applicable, unconscionable, or enforceable, as well as any defense to arbitration. However, a court has exclusive authority to rule on the Class, Collective, Representative, and Mass Action Waiver set forth below, including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached.

You may choose to have the arbitration conducted by videoconference, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator will issue a written award describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered in any court having jurisdiction thereof.

Each side shall bear its own attorneys’ fees, costs, and expenses unless fee-shifting is available under applicable law, except that if the arbitrator finds that a claim or counterclaim is frivolous or harassing, the arbitrator may award the other party their costs and expenses (including administrative fees and arbitrator compensation) associated with defending against the claim or counterclaim. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68 or a state or local equivalent, if applicable, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing and administrative fees and expert fees, incurred after the offer was made.

Class, Collective, Representative, and Mass Action Waiver. JCPenney and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, representative, or mass action. JCPenney and you each hereby waive the right to participate in any class, collective, representative, or mass action, whether in court or arbitration. If for any reason a claim proceeds in court rather than in arbitration, JCPenney and you each waive any right to a jury trial. In any case in which (1) the Dispute is filed as a class, collective, representative, or mass action and (2) a civil court of competent jurisdiction finds all or part of this Class, Collective, Representative, and Mass Action Waiver unenforceable: the class, collective, representative, or mass action must be litigated in a civil court of competent jurisdiction, but the portion of the Class, Collective, Representative, and Mass Action Waiver that is enforceable shall be enforced in arbitration. The portion of such Dispute proceeding in court shall be stayed pending the conclusion of the arbitration. This provision does not prevent you or JCPenney from settling claims on a class, collective, or representative basis. In addition, individual disputes may not be joined or consolidated in a single proceeding absent all parties’ consent.

Procedures Applicable to Mass Arbitrations. Where 25 or more similar arbitration demands are prepared by or with the assistance or involvement of the same law firm or organization, or are otherwise coordinated, and are submitted to JAMS within a 120-day period JAMS shall apply its Mass Arbitration Procedures and Guidelines, as well as the following procedures: (A) the parties shall cooperate to group the arbitration demands into randomized groups of no more than 25 demands per group (plus, to the extent there are fewer than 25 arbitration demands left over after the grouping described above, a final group consisting of the remaining demands); (B) claimants’ counsel shall organize and present the grouped demands to JAMS in a format as directed by the JAMS Rules; (C) JAMS shall assess one set of filing and administrative fees per group and shall assign one arbitrator per group, subject to any applicable disclosure and disqualification procedures available under applicable law; (D) JAMS shall set up one Arbitration Management Conference per group; (E) regardless of the grouping described above, the arbitrator shall resolve all arbitrations within a group on an individual basis; and (F) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration. The parties agree to cooperate in good faith with each other and JAMS to implement such a grouped approach to administration and fees.

Opt Out. To opt out of this agreement to arbitrate, you must notify JCPenney in writing no later than 30 days after first becoming subject to this agreement to arbitrate. Your notice must include your name and address, the email address associated with your JCPenney account, and a clear statement that you want to opt out of this agreement to arbitrate. You must send your opt-out notice by mail to JCPenney's Registered Agent or Legal Department, located at 6501 Legacy Drive, Plano, Texas 75024, with a copy by email to: optout@catalystbrands.com. The notice must be signed by you yourself, and not by any of your agents or representatives. The notice may opt out only you, and notices that purport to opt out multiple people will not be effective as to any. No person (or their agent or representative) may effectuate an opt out on behalf of other person. If you opt out of this agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any other agreements to arbitrate that you may have entered into with JCPenney (including in JCPenney’s website Terms of Use, or prior versions of these Terms) or may enter into in the future with us.

Severability. In the event any portion of this agreement to arbitrate is deemed unenforceable, the remainder of this agreement to arbitrate will be enforceable.

Governing Law
Other than the Arbitration Agreement, which is governed by the Federal Arbitration Act and federal arbitration law, all matters relating to this Website and these Terms and Conditions 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).

Venue
We agree that, for the limited disputes specifically identified in these Terms and Conditions that may proceed in (non-small claims) court as opposed to arbitration, the exclusive venue shall the United States District Court for the Eastern District of Texas. If that court does not have subject-matter jurisdiction, then the exclusive venue shall be the Civil District Courts in Collin County, Texas. As set forth herein, the specific disputes that may proceed in court are as follows:

(a) Actions to enforce, challenge, or confirm any arbitral award (which shall be governed by the Federal Arbitration Act);
(b) Proceedings following a determination by the arbitrator that a dispute is not arbitrable;
(c) Proceedings for which you have effectively opted out of the arbitration agreement pursuant to the requirements above; and
(d) Requests for injunctive relief that are required by applicable law to be addressed by a court following arbitration.

For any claim brought in small claims court, the claim must be brought in the small claims court in the jurisdiction in which you reside.

MOBILE ALERTS POLICY

Call Recording and Monitoring. You acknowledge that telephone calls made to, or received from or on behalf of, JCPenney may be monitored and recorded and you agree to such monitoring and recording.

Express Consent to Text Messages. By opting in to receive text messages from JCPenney, which may include, without limitation, SMS, MMS, or RCS messages, (“Program”), you provide your express consent to receive automated text messages from JCPenney at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system. Consent to receive automated text messages is not a condition of any purchase. You also understand that you can print or save the Consent to receiving promotional text alerts disclosure for future reference by clicking on the “Print” or “Save” button on your computer. You will not receive a paper copy of the Consent to receiving promotional text alerts disclosure.

Program Details. The Program may include recurring and nonrecurring transactional and promotional text messages related to promotions, products, your account, changes and updates, events, special offers, service outages, reminders, follow ups to any push notifications delivered through our mobile app, any other information regarding any transaction or your relationship with JCPenney, as well as other information that we think will be of interest to you. Text message frequency will vary. JCPenney reserves the right to alter the frequency of text messages sent at any time, such as to increase or decrease the total number of text messages sent. JCPenney also reserves the right to change the short code or phone number from which text messages are sent. Text message and data rates may apply. Prices mentioned in the promotional text alerts may vary depending on the state or territory in which you reside. Not all mobile devices or handsets may be supported, and our text messages may not be deliverable in all areas. The content of our text messages may not be available and viewable on all mobile phone carriers. JCPenney, its service providers, and the mobile phone carriers supported by the Program are not liable for delayed or undelivered messages.

Cancellation. You may opt out of the Program at any time. Text the keyword STOP, to 527937 to cancel your participation in the Program. After texting STOP to the short code that messaged you, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP keyword commands and agree that JCPenney and its service providers will have no liability for failing to honor such requests.

Privacy. Please review our Privacy Policy for information about our privacy practices.

Help and Customer Care; Contact Us. You can text the keyword HELP to the phone number or short code that messaged you to receive customer care contact information. If you are experiencing any problems or have questions related to the Program, please text HELP to 527937 (JCP937) or call 1.800.322.1189 or email mobile@jcpenney.com.

Providing Telephone Numbers and Other Contact Information. When you provide your contact information to JCPenney, you certify that any such contact information, including, but not limited to, your name, mailing address, email address, and residential, business or mobile telephone number, is true, accurate, and current. As such, you certify that you are the current subscriber or owner of any telephone number(s) that you provide. You understand that you are strictly prohibited from providing a telephone number that is not your own. If you have an account with us, and if we discover that any contact information provided by you when you set up the account is false or inaccurate, we may suspend or terminate your account at any time.

Change in Ownership of Telephone Number(s). If you opted in to receive Program messages from us as set forth above, and the ownership of your telephone number(s), were to change, you agree to immediately notify us before the change goes into effect by replying STOP or sending one of the opt-out keywords listed above to any text message you receive from us or to 527937.

EMAIL COMMUNICATIONS

When you make a purchase on our Website, or send e-mails to us, you are communicating with us electronically. By use of the Website, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TERMS OF USE

Changes to the Terms and Conditions

We may revise and update the Terms and Conditions from time to time. If we make any material changes to the Terms and Conditions, we will notify you by email at the email address that you have provided to us. Any changes we make will only be binding on you if and when you agree to the updated Terms. To the extent that these Terms have been updated from a prior version of the Terms to which you previously agreed, the most recent version of the Terms to which you agreed supersedes and governs.

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 and Conditions and comply with them.

Age Restrictions.

Our Services are not designed for children under the age of 18. By using the Website, you are representing to us that you are 18 years old or older. The Website will not be liable for any damages that may result from misrepresentation of age by a user of our Website. If you are a parent or legal guardian and you believe that a child has provided personal information to us without your consent, please contact us at privacyrights@catalystbrands.com.

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 to promptly update your account and other information, including your email address and debit or credit card numbers. 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 and Conditions. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify JCPenney immediately at privacyrights@catalystbrands.com. JCPenney may assume that any communications we receive under your password have been made by you unless we receive notice.

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 and Conditions 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 65 owner; and
The Notifying Party's physical or electronic signature.

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

Penney OpCo LLC
P.O. Box 10001
Dallas, Texas 75301-7304
Attn: Legal Department
(972) 431-1000
trademarks-sm@catalystbrands.com

In an effort to protect the rights of copyright owners, JCPenney 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. We may take appropriate action against users or parties we determine to be repeat infringers. A repeat infringer includes any person who qualifies as such under applicable law (including the DMCA) or who is subject to multiple intellectual property infringement claims that we determine to be valid. Actions may include removal of content or listings and suspension or termination of accounts or relationships, as appropriate.

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 JCPenney. 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/JCPenney Legal Department at

P.O. Box 10001 Dallas, Texas 75301-7304

email trademarks-sm@catalystbrands.com, or call (972) 431-1000.

Prohibited Uses

Unlawful, Harmful, or Deceptive Conduct

In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, laws governing export control, data protection, consumer protection, unfair competition, anti-discrimination, or false advertising.
To engage in any fraudulent, deceptive, or misleading activity, whether related to the purchase of a product or service or in connection with any promotional offer, including coupons, rebates, contests, or sweepstakes.
To promote, encourage, or assist any illegal activity or unlawful act.
To exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or requesting personally identifiable information.

Prohibited Content and Communications

To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms, including the Content Standards set out herein.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or similar solicitation.
To provide or post content that is false, inaccurate, misleading, or likely to deceive any person.
To post, upload, or transmit any material that:
- Is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable;
- Is racially, religiously, or otherwise unlawfully biased or discriminatory;
- Promotes sexually explicit or pornographic material or violence;
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Causes annoyance, inconvenience, needless anxiety, or is likely to upset, embarrass, alarm, or annoy any other person.

Intellectual Property, Privacy, and Identity

To infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
To violate the legal rights of others, including rights of publicity or privacy, or to post content that could give rise to civil or criminal liability.
To impersonate or attempt to impersonate JCPenney, a company employee, another user, or any other person or entity, or to misrepresent your identity or affiliation.
To give the impression that content emanates from or is endorsed by us or any other person or entity if this is not the case.
To post or transmit personal contact information, including addresses, email addresses, phone numbers, or links to other websites, without authorization.

Commercial and Competitive Restrictions

To engage in commercial activities or sales, including advertising, marketing, barter, or other promotional activity, unless expressly authorized by us in writing.

Interference, Security, and Technical Abuse
Additionally, you agree not to:

Use this Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use or enjoyment of the Website, including real-time activities.
Use any robot, spider, scraper, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying material, without our prior written consent.
Use any manual process to monitor or copy any material on the Website for any unauthorized purpose.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, servers, systems, or networks connected to the Website.
Attack the Website via a denial-of-service attack or distributed denial-of-service attack, or otherwise attempt to interfere with its proper functioning.

Comments

This Website has interactive features (“Interactive Services”) that allow users to post comments, photos, reviews or other content on the Site, or you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”) on or through this Website without a request from us. All Comments must comply with the Content Standards set out in these Terms and Conditions. By providing any Comment 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 Comment and/or incorporate such Comment into any form, medium or technology throughout the world without compensation to you. When you post or share Comments with JCPenney on the Website, by email, postal mail, or otherwise, you understand that your Comments and any associated information (such as your username) may be visible to others. All communications and Comments submitted to the Website are non-confidential and non-proprietary. If you choose to make any of your information publicly available through the Website, you do so at your own risk. You grant JCPenney and its affiliates the right to use the name you submit in connection with such material, if they so choose. If you do not wish to grant JCPenney the permission set forth above, please do not submit Comments. All Comments that you submit may be used at JCPenney's sole discretion. JCPenney reserves the right to change, condense or delete any Comments on this Website that JCPenney deems, in its sole discretion, to violate the Content Standards or any other provision of these Terms and Conditions. JCPenney does not guarantee that you will have any recourse through JCPenney to edit or delete any Comments you have submitted. JCPenney reserves the right to remove or to refuse to post any submission for any reason.

JCPenney is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right, but not the obligation to monitor and edit or remove any Comments from the Site in our sole discretion at any time. You may not repost, republish, or redistribute Comments outside of the Website.

You acknowledge that you are responsible for any material you may submit via the Website, including the legality, reliability, appropriateness and originality of any such material. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify JCPenney for all claims resulting from content you submit. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. Aéropostale takes no responsibility and assumes no liability for Comments or any other content posted by you or any third party.

While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by JCPenney employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at JCPenney through any communication channel.

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 Comments and for other administrative purposes. For some Comments, 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 Comments for any or no reason in our sole discretion.
Take any action with respect to any Comments that we deem necessary or appropriate in our sole discretion, including if we believe that such Comments violates these Terms and Conditions, 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, refuse service, terminate accounts, remove or edit consent, or cancel orders, and to block or prevent future access to and use of the Website, for any or no reason, without notice, including without limitation, any violation of these Terms and Conditions.

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.

If you believe that any Comments violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

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.

Online Purchases and Other Terms and Conditions

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 and Conditions.

Geographic Restrictions

The owner of this Website is based in the state of Texas in the United States. We make no claims that the Website 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

To the extent permissible by law, you agree to defend, indemnify and hold JCPenney and its affiliates and their respective officers, directors or employees harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees arising out of or related to (a) your access to or use of the Website; (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (d) your conduct in connection with this Website; (e) and/or your breach of any representation, warranty, or other provision of the agreement between us. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. JCPenney reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with JCPenney in the defense of such matter. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO JCPENNEY ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE SELLER), SHOPPER, OR OTHER USER OF THE JCPENNEY WEBSITE.

Waiver and Severability

No waiver by JCPenney of any term or condition set forth in these Terms and Conditions 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 and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 and Conditions will continue in full force and effect.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and JCPenney, 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 tothis Website.

Modifying the Terms

JCPenney may make changes to these Terms from time to time. If JCPenney makes material changes, it will provide you with notice of such changes, such as by sending an email, providing a notice via its website, or updating the date at the top of these Terms. Unless JCPenney says otherwise in its notice, the amended Terms will be effective immediately. Unless material changes are made to the arbitration provision (in the Dispute Resolution section), you agree that modification of these Terms does not create a new right to opt out of arbitration.

Your Comments and Concerns

This Website is operated by Penney OpCo LLC, P.O. Box 10001 Dallas, Texas 75301-7304. 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: you have a question or complaint regarding this Website, please contact us at JCPenney Legal Department at

P.O. Box 10001 Dallas, Texas 75301-7304

or call (972) 431-1000. 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.