Welcome to "The Goods" app (the "App") and services ("Services") for HomeGoods, a division of The TJX Companies, Inc. ("TJX").
You must be at least eighteen (18) years old to use the App and Services.
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 TJX, 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 TJX 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 TJX 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. TJX 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 TJX.
Notice of Copyright or Intellectual Property Infringement
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:
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.
Counter-Notice by Accused User
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:
Please send all notices under the above copyright infringement policies by e-mail to: email@example.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.
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 TJX. When you use the App or the Services, you may not and agree that you will not:
TJX will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TJX may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TJX has 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 has 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. TJX reserves 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 "Compare at Price" reflects our evaluation of the regular, retail selling price of that or a comparable item in finer catalogs or specialty or department stores, based on our buying staff’s knowledge of what our customers may expect to pay in competitive national markets. It represents our effort to provide a meaningful comparison so that its customers are confident that what they are purchasing from us is, indeed, real value.
When you use our App, you may discover that it contains links to other sites that are not owned or operated by TJX. 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, TJX does 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 legal, privacy and security information contained in any such websites.
Our App may also contain links to other sites operated by TJX. 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 website to website.
THE APP AND SERVICES AND ALL CONTENTS OF THIS APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
IN PARTICULAR, TJX AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE APP OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE APP OR SERVICES), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE APP. TJX AND ITS AFFILIATES 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 OR SERVICES; (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, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APP OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TJX NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE APP OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent TJX may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TJX’s liability will be the minimum permitted under such law.
You agree to defend, indemnify and hold TJX and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, fees, and expenses, including attorneys' fees, 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 use of this App or the Services by you or anyone using 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. TJX reserves the right, at its 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 TJX in such defense.
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.
Under no circumstances will TJX 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.
These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any conflict of laws rules or provisions that would cause the application of any other state’s laws.
You agree that any action of whatever nature arising from or relating to these Terms or the App / Services will be filed only in the state or federal courts located in Massachusetts. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of TJX to enforce any right or provision of these Terms will not prevent TJX 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: January 17, 2014