Terms

Last Updated: October 25, 2016

PLEASE SCROLL DOWN AND READ THE TERMS OF USE BELOW.

This Terms of Use (this "Agreement") governs your access to and use of TheJournalCollection.com website, The Journal Collection mobile sites and applications, and any features or software applications, including but not limited to API, software applications and other downloads for your desktop or mobile device (collectively, the “Services”).

BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these terms or policies, do not use the Services.

 

1. Changes to the Agreement

We may change the terms of this Agreement at any time by posting a notice on the Services that the terms have been "updated" or similar words. The changes also will appear in this document, which you can access at any time by going to the Terms of Use link at the footer of the website. By using the Services after changes are made to this Agreement you signify that you agree to be bound by such changes.

 

2. Privacy and Your Account

Your access to and use of the Services are also governed by our Privacy Policy. Your information may be stored and processed in the United States or any other country where Dow Jones has facilities, and by using the Services, you consent to the transfer of information outside of your country. If you access the Services using a password, you are solely responsible for maintaining the confidentiality of your account and that password and your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you provide someone else with access to your password, they will have the ability to view information about your account and make changes through the website for the Services.

 

3. Prices; Orders

All prices displayed for products and services are in U.S. dollars. Dow Jones may restrict delivery to addresses outside the United States as well as within the United States. Dow Jones will add shipping and handling fees and charges and all applicable sales tax to your order. Shipping and delivery dates are estimates only and cannot be guaranteed. Dow Jones is not liable for any delays in shipments.

Products and services offered on or through the Services are available while supplies last. Dow Jones reserves the right, without prior notice, to discontinue products or services or change the specifications and prices on products and service without incurring any obligation to you. Dow Jones reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Dow Jones. Dow Jones reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to error, Dow Jones shall have the right to refuse to sell the product or service at the incorrect price or cancel the order placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card has been charged. If you credit card has been charged for the purchase and Dow Jones cancels your order, Dow Jones shall promptly issue a credit to your credit card account in the amount of the incorrect price.

The risk of loss and title for products shipped by Dow Jones pass to you upon Dow Jones’s delivery of the products to the carrier for shipment.

Dow Jones does not sell products or services for children and you must be 18 years of age or older to purchase products or services through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You represent and warrant that you are buying products or services through the Services for your own personal use only and not for resale or export.

 

4. Refunds; Return

Dow Jones wants you to be completely satisfied with your purchase. If for any reason you are not satisfied with the products purchased, you may return the products within 30 days of receipt for an exchange or refund of the purchase price minus the original shipping and handling costs. Promotional items are not refundable.

Please send an email to support@thejournalcollection.com and tell us which item(s) you want to return and why. Our team will reply to you via email and provide you with a prepaid shipping label for you to return the item(s) and instructions on how to do so. Once we have received and processed the returned item, we will refund the price of the item(s) to the same method of payment you initially used. Please do not return an item without contacting us first, so we can provide a label and track the return shipping. Returns must be accompanied by a valid proof of purchase and products must be returned in their original condition.

 

5. Content

All content, including text, images, photographs, graphics, logo, descriptions and other materials provided by Dow Jones on or through the Services (collectively, the “Content”) is the property of Dow Jones or its licensors protected by United States and international copyright laws. Dow Jones does not grant you or any person any right to use, reproduce, copy, modify, transmit, publish, display, create derivative works or distribute by any means, method or process whatsoever any Content. Any use of the Content except as specifically permitted in this Agreement is strictly prohibited.

 

6. Submissions

Except as otherwise expressly provided herein or in the Privacy Policy, any reviews, communication, content, or other materials you post or transmit through the Services by electronic mail or otherwise, including, without limitation, questions, comments, suggestions, ideas for features, modifications, or enhancements (collectively, “Submissions”) are and will be treated as non-confidential and non-proprietary and may be used by Dow Jones, its affiliates, and suppliers for any purpose, including, without limitation, reproduction, modification, publication, advertising, or other promotional purposes without further permission, consent, payment or other consideration. Use of Submissions is at Dow Jones’s sole discretion. You grant Dow Jones, its affiliates and suppliers the right to use the name that you submit in connection with your Submissions, if they choose.

 

7. Disclaimer and Limitation of Liability

Products and Services: Dow Jones provides a limited warranty for products and services purchased through the Services. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY CAN BE FOUND AT thejournalcollection.com/pages/warranty AND IN THE PRODUCT DOCUMENTATION. EXCEPT FOR THE LIMITED WARRANTY SET FORTH, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE REMEDIES DESCRIBED ABOVE AND IN THE LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SERVICES, NOR WILL DOW JONES AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS ("THE DOW JONES PARTIES") UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COSTS OF REPLACEMENT GOODS AND SERVICES, AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DOW JONES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

Use of the Services Platform: YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AND TOOLS AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DOW JONES PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT AND TOOLS FOR ANY EXCLUDED DAMAGES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE DOW JONES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE DOW JONES PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

 

8. Availability of Service through other Platforms; Third Party Services

If you access the Services through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

From time to time, we may use a third party not affiliated with us to host the Services, fulfill the orders, and process payments ( a “Third Party Providers”). You agree that Third Party Providers are solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Providers you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Providers.

Third Party Web Sites, Services and Software

Your use of any third party websites, content, data, information, applications, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

 

9. Procedure for Making Claims of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the site are covered by a single notification, a representative list of such works on the site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

By mail:

Dow Jones Copyright Agent
Dow Jones Legal Dept
Dow Jones & Company, Inc.
4300 North Route 1
South Brunswick, NJ 08852

Phone: (609) 520-4400 E-mail: copyright@dowjones.com

For clarity, only DMCA notices should be sent to the Designated Agent.

 

10. Agreement to Arbitrate.

The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York in the State of New York. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at http://www.adr.org/. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 10 below, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Unless you and we agree otherwise, the arbitration will take place either in the subscriber's county of principal residence or the County of New York in the State of New York. For claims of $14,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

11. General.

This Agreement contains the final and entire agreement between us regarding your purchase of products and services and use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding the same. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

 

12. Additional Terms and Notices.

We employ cookie technology. Read the Dow Jones Cookies Policy for more information on our use of cookies. Certain of our content, data and information providers require us to include additional terms and conditions relating to their content and data, which you can review here.

Certain search engine software licensed to Dow Jones by Verity, Inc. The Wall Street Journal® and Barrons® are trademarks of Dow Jones. WSJ®, WSJ.com®, WSJ Live®, Abreast of the Market®, Balancing The Books®, Best On The Street®, Charting The Market®, Commodities Corner®, Current Yield®, The Electronic Investor®, Getting Going®, Global View®, Heard on the Street®, Leisure & Arts®, Managing Your Career®, Market Laboratory®, Money & Investing®, Notable & Quotable, Other Voices®, Personal Journal®, Potomac Watch®, Refresher Course®, Review & Outlook®, Review and Preview®, Sizing Up Small Caps®, The Striking Price®, The 10-Point®, The Trader®, and Up and Down Wall Street®, Washington Wire®, Weekend Journal®, What’s News®, and Who’s News® are trademarks of Dow Jones & Company, Inc.

Dow Jones®, The Dow Jones Averages®, DJX TM, The Dow®, Dow Jones Industrial Average SM, and DJIA® are trademarks of Dow Jones Trademark Holding LLC. ©Copyright 2016 Dow Jones & Company, Inc. All rights reserved.

The Services are operated independent of the Wall Street Journal news organization. The Wall Street Journal news organization was not involved in the creation of any content offered on or through the Services.