Welcome to “HomeGoods” app (the “App”) and services (“Services”) for HomeGoods, a division of The TJX Companies, Inc. (“TJX”). HomeGoods, TJX and its affiliates are the "TJX Businesses."

Before using the App and Services, please take some time to review the following basic terms and conditions and the terms of our Privacy Notice (which are incorporated herein by reference, available here), all the foregoing collectively referred to as the “Terms of Use” or “Terms.” Collection and use of user information under the App and Services is subject to the Privacy Notice. When you use our App and Services you are automatically agreeing to be bound by these Terms of Use, including the Privacy Notice. Some of our Services may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through before your use of that Service. By using such Services, you agree to the applicable Additional Terms.  

These Terms of Use may be changed or updated by HomeGoods from time to time without prior notice. Those changes will go into effect on the “Last Updated” date shown in the revised Terms. Continued use of the App or the Services following any such changes shall constitute your acceptance of any new Terms of Use. Users are responsible for regularly reviewing these Terms of Use and we encourage you, therefore, to review them carefully whenever you use the App or the Services. We may suspend or terminate your use of this App or the Services at any time, for any reason or for no reason. If you do not agree with any of the Terms of Use, please do not use the App or the Services.

By using the App and Services, you represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the App and Services with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the App and Services may be subject in whole or in part to heightened age and/or other eligibility requirements.

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the App and Services as well as the selection, arrangement and organization of the foregoing and the App and Services as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to the TJX Businesses, or our suppliers. Certain trademarks, service marks and trade names on the App are the registered or unregistered trademarks, service marks and trade names of the TJX Businesses and may not be used without our express permission. Other trademarks, service marks and trade names and products contained herein are the registered or unregistered property of their respective owners. All software used on this App is the property of the TJX Businesses or our suppliers and is protected by U.S. and international copyright and other intellectual property laws.

You may not reproduce (except as expressly noted below), create derivative works from, distribute in any way, display or publicly perform, any Content or software without the prior written permission of TJX. The Content of the App, and the App and Services as a whole, and the software is intended solely for personal non-commercial use by you and other users of the App and Services. You may download one copy of any materials, other than music, found in the Content on a single computer for your personal, non-commercial use only. This is not a transfer of title to any Content and your use is subject to the following restrictions. You may not (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the App or the software, in whole or in part, except as necessary and incidental to the downloading of the one copy of the materials, other than music, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. The TJX Businesses reserves all rights not expressly granted herein.

References on this App to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by the TJX Businesses.

Patent: http://www.35usc287.com/mobile

We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of our App has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

To be effective the notification should include:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit TJX to locate the material on our App;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our App without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following:

• your physical or electronic signature;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the District of Massachusetts, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send all notices under the above copyright infringement policies by e-mail to: domains@tjx.com. Please do not send notices or inquiries about anything other than alleged copyright infringement to this address.

Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Submissions

All photographs, comments, feedback, suggestions, ideas, original materials, such as stories, artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered to the TJX Businesses on or through the App and Services otherwise disclosed, submitted or offered by you to us (collectively, “Submissions”) shall be and remain the property of the TJX Businesses. Such disclosure, submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to the TJX Businesses of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. As such, the TJX Businesses will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, the TJX Businesses shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. The TJX Businesses shall have no obligation to use, return or review any Submissions. For this reason, we ask that you not send us any Submissions that you do not wish to assign to us. No Submission shall be subject to any obligation of confidence on the part of the TJX Businesses and the TJX Businesses shall not be liable for any use or disclosure of any Submission.

You promise that you own all rights to any Submissions or other content you port, transmit, or provide or, alternatively, that you have the right to give the TJX Businesses the rights described above. You agree that no Submissions by you to the App will violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right(s). You also agree that no Submissions by you to the App will be or contain libelous or otherwise unlawful, abusive, immoral or obscene material or that will constitute or encourage conduct that would be considered criminal or encourage conduct that is criminal. You are and shall remain solely responsible for the content of any Submissions you make. The TJX Businesses reserve the right to take any action they reasonably deem necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from this App of any materials submitted by any user.

You are responsible for your use of the App and Services, and for any use of the App and Services made using your account. Our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the TJX Businesses. When you use the App or the Services, you may not and agree that you will not:

• use automated methods, including through bots, spider, crawlers, etc., to access the App and Services for any purpose
• violate any law or regulation;
• violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
• use our App to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs or personal information of others, without their permission;
• transmit anything that is illegal, abusive, harassing, threatening, harmful to reputation, libelous, defamatory, pornographic, indecent, lewd, profane, obscene, hateful, racist, unlawfully discriminatory, abusive, inflammatory, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• transmit any malicious or unsolicited software;
• stalk, harass, or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• use automated methods to use the App or Services in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
• interfere with or damage our App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• register for more than one account or register for an account on behalf of an individual other than yourself;
• use, display, mirror or frame the App or any individual element within the App, any name, trademark, logo or other proprietary information of the TJX Businesses, or the layout and design of any page or form contained on a page, without TJX’s express written consent;
• access, tamper with, or use non-public areas of the App, TJX’s computer systems, or the technical delivery systems of TJX’s providers;
• attempt to probe, scan, or test the vulnerability of any TJX system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TJX or any of TJX’s providers or any other third party (including another user) to protect the App;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

The TJX Businesses will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The TJX Businesses may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that The TJX Businesses have no obligation to monitor your access to or use of the App or Services or to review or edit any user content posted to or transmitted through the App, but have the right to do so for the purpose of operating the App or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The TJX Businesses reserve the right, at any time and without prior notice, to remove or disable access to any content on or transmitted through the App that TJX, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the App or Services.

We have done our best to display as accurately as possible the colors of the products shown on this App. However, because the colors you see will depend on your device, we cannot guarantee that your device’s display of any color will be accurate.

We make all reasonable efforts to provide information on this App that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We reserve the right to correct any such information without prior notice. We regret any inconvenience to you. The inclusion of any products or services on this App at a particular time does not guarantee that the products or services will be available. In addition, you may not request that a HomeGoods employee “hold” items displayed on the App for your future purchase. Featured products will be sold strictly on a first-come-first-serve basis. The prices displayed on this App are quoted in U.S. Dollars and are valid and effective only in the United States.

Any prices that appear on the App for products may differ from prices for the same products in any store. Prices for products may also differ between stores and regions.

Any “Compare At” price is our buying staff's estimate of the regular, retail price at which a comparable item in finer catalogs, specialty or department stores may have been sold.

When you use our App, you may discover that it contains links to other sites that are not owned or operated by the TJX Businesses. These links are not intended to be referrals or endorsements of the linked sites and our App and Services are providing them only as a convenience. As such, the TJX Businesses do not warrant, represent or assume any responsibility or liability for the accuracy, completeness or operation of any linked site (or any site contained in a linked site), or the practices or privacy and other policies contained in any linked site (or any site contained in a linked site). You should familiarize yourself, therefore, with the specific terms and conditions, privacy policy, and any other legal or security information contained in any such websites before using such websites.

Our App may also contain links to other sites operated by the TJX Businesses. We advise you to review the legal, privacy and security information for each such site to which you link, as the terms and conditions of use and the policies relating to the personal information you provide may vary from site to site.

THE APP AND SERVICES, THE CONTENT OF THE APP, ANY INFORMATION AVAILABLE ON OR THROUGH THE APP AND THE SOFTWARE ARE PROVIDED \"AS IS\" AND \"AS AVAILABLE\" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, TJX, AND ITs RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SUBSIDIARIES, DIVISIONS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE APP, OR THE OPERATION OR FUNCTION OF THE APP, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE APP (AND ANY RELATED SERVER) ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN THE TJX BUSINESSES AND THE TJX BUSINESSES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. THE TJX BUSINESSES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON OR THROUGH THE APP, NOR DO THE TJX BUSINESSES ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON OR THROUGH THE APP. THE TJX BUSINESSES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE APP, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE APP, THE SOFTWARE, OR ANY PRODUCTS PURCHASED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA. IN NO EVENT WILL TJX OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE APP DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE APP AND THAT THE TJX BUSINESSES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

THE TJX BUSINESSES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE APP BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP. HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

THE TJX BUSINESSES MAKE NO REPRESENTATION OR WARRANTY THAT THE APP, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE APP IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TJX BUSINESSES OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

IN ADDITION, THE TJX BUSINESSES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE TJX BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE APP.

IN THE EVENT OF ANY PROBLEM WITH THIS APP, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE APP. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS APP, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.

THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

You agree to defend, indemnify and hold the TJX Businesses harmless from and against any and all claims, liabilities, damages, losses, costs, fees, and expenses, and fees of any kind (including attorneys' fees and legal costs), arising from or related to: (a) your use, or the use by anyone using your account, of this App or the Services in violation of these Terms; (b) the unauthorized use of your account; (c) any information, including any content, that you or anyone using your account submit, post, or transmit through this App; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. The TJX Businesses reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the TJX Businesses in such defense. The foregoing indemnity provision shall not apply to the extent that any claim arises from the TJX Businesses’ own fraud, willful injury, willful violation of law, negligence, or a violation of the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 et. seq.

TJX enhances and updates the App and Services often. We may change or discontinue the App and/or the Services, with or without notice to you.

We reserve the right not to provide the App or Services to any user. We also reserve the right to terminate any user’s right to access the App or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the App and Services automatically terminates.

You and the TJX Businesses agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and the TJX Businesses hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and the TJX Businesses relating to these Terms or the App (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the TJX Businesses will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or the TJX Businesses from seeking action by federal, state, or local government agencies. You and the TJX Businesses also have the right to bring qualifying claims in small claims court. In addition, you and the TJX Businesses retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor the TJX Businesses may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims and/or the individual Claims of the TJX Businesses. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with the TJX Businesses.

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 ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE TJX BUSINESSES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions, except that the provisions of the New Jersey statutes, known as the New Jersey Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et. seq. will apply. Any action or proceeding arising out of or related to the Terms of Use, our Privacy Notice, or your use of the App or Services must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.

Under no circumstances will the TJX Businesses be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

The failure of the TJX Businesses to enforce any right or provision of these Terms will not prevent the TJX Businesses from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

Last Updated: February 26, 2021