The www.bedbathandbeyond.ca web site (the "Site") is made available by Bed Bath & Beyond Inc., the parent company to Bed Bath & Beyond Canada L.P., the entity that operates retail store chains in Canada under the names Bed Bath & Beyond and Buy Buy Baby. We refer to Bed Bath & Beyond Inc. and its subsidiaries, including Buy Buy Baby, collectively as "Bed Bath & Beyond", "we", "us" or "our".
You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice to us. If you withdraw your consent, we will inform you of the implications of such withdrawal. To withdraw your consent, simply contact our Privacy Officer at the contact information below and advise us of what Personal Information you no longer wish us to use. All communications with respect to any withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.
In order to process orders efficiently, when you place an order with us or register an account on the Site we actively collect the following personal information: name, billing address, shipping address, e-mail address, phone number, credit card information and information that may be of a personally identifiable nature, such as IP addresses, obtained through Tracking Technologies ("Personal Information"). If you prefer not to disclose your Personal Information online, you can always place your order by calling 1-800-GO BEYOND® (1-800-462-3966), or visiting one of our stores. Click here to locate the store nearest you and to receive driving directions.
We may periodically conduct surveys of visitors to our Site for internal research purposes that may include marketing. This helps us better understand what our customers would like to see from us. If you respond to such surveys, we may ask you for some Personal Information and/or may contact you for more information, but only if you have given us permission to do so.
We may also receive information about you from other sources.
We (including through our third party service providers) may inactively collect from you information that is not in the same category as Personal Information. For example, we might track information about the date and time you access the Site, the type of web browser you used, and the web site from which you connect to our Site. We collect and use this and other non-Personal Information (such as demographic data) to analyze and develop our business strategy and to determine how you found out about us, your interests regarding our products and services and how to further improve our Site. We, or a third party, may also collect information from your activities on the Site as well as other sites for the purpose of providing advertisements and other content that is customized to your interests and preferences. This means that our ads may appear on participating web sites based upon your browsing activity. To accomplish all this, and also to allow us to offer our customers streamlined ordering and other useful features, we, as do many web sites, use and allow our third party advertising companies to use the technologies listed below and other similar technologies (the "Tracking Technologies"):
In some cases, we may link the non-Personal information collected through the Tracking Technologies with certain of your Personal Information. WE WANT TO BE SURE THAT YOU UNDERSTAND THAT ACCEPTING TRACKING TECHNOLOGIES ONTO YOUR COMPUTER IN NO WAY GIVES US ACCESS TO YOUR COMPUTER. YOU MAY SET YOUR WEB BROWSER SOFTWARE TO REJECT TRACKING TECHNOLOGIES, BUT, IF YOU DO SO, CERTAIN FUNCTIONALITY OF THE SITE MAY BE AFFECTED. Third parties (including, but not limited to, software vendors, advertisers and fulfillment companies) may also use Tracking Technologies by or through the Site. WE HAVE NO CONTROL OVER WHAT INFORMATION SUCH THIRD PARTIES TRACK OR COLLECT, AND HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRACKING, DATA COLLECTION OR OTHER ACTIVITIES OF SUCH THIRD PARTIES
You may be visiting the Site from your mobile device. Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such information if you access the Site through mobile devices. Some features of the Site may allow for the collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Furthermore, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.
You understand that your wireless carrier's standard rates may apply when you visit the Site from a mobile device. You represent that you are the owner or authorized user of the wireless device used to visit the Site, and that you are authorized to approve the applicable charges.
Among our top priorities is keeping your Personal Information secure. We use Secure Sockets Layer (SSL) technology to encrypt all of your Personal Information before it is transmitted to us so that it can be appropriately safeguarded from being read or recorded as it travels over the Internet. You can tell you are sending information securely when you see our Site address change slightly, from http: to https: indicating a secure server connection is being used. The computers that store your Personal Information are located in a separate facility in the United States which employs firewall and security technology. We employ these procedures to protect your Personal Information from unauthorized access, destruction, use, modification or disclosure.
You may be able to create an account on our Site with a username and password, including if you set up a wish list, customer account, or a registry. To help protect your information, we have required password standards. We recommend you exercise extreme care in protecting your password information and do not publicly share any of your passwords. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any access to or use of the Site by you or another person or entity using your password, whether or not such access or use has been authorized by or on behalf of you.
Your Personal Information will be stored and processed on our computers in the United States. The laws on holding Personal Information in the United States may vary and be less stringent than laws of your province or Canada. We use commercially reasonable efforts to hold and transmit your Personal Information in a safe, confidential and secure environment in compliance with Canadian privacy legislation. If you object to your Personal Information being transferred or used in this manner please do not register with or use the Site.
ALTHOUGH WE TAKE (AND REQUIRE OUR THIRD-PARTY PROVIDERS TO TAKE) REASONABLE SECURITY PRECAUTIONS TO PROTECT THE PERSONAL INFORMATION COLLECTED FROM AND STORED ON THE SITE, BECAUSE OF THE OPEN NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT PERSONAL INFORMATION STORED ON OUR SERVERS, TRANSMITTED TO OR FROM A USER, OR OTHERWISE IN OUR CARE WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. ACCORDINGLY, WE DISCLAIM ANY LIABILITY FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
We may use, store or share Personal Information we collect in the course of our operations in Canada outside of Canada. For example, your Personal Information will be stored and processed on our computers in Canada and the United States. We may also provide your Personal Information to our associates and to third party service providers acting as our authorized agents or partners in providing our services or co-branded services to you and in performing Information Usage Purposes. Our associates and third party service providers may be located outside of Canada.
We use commercially reasonable efforts to hold and transmit your Personal Information in a safe, confidential and secure environment in compliance with Canadian privacy legislation. In addition, we screen and reasonably determine to be reputable any such third party to whom we disclose such Personal Information and we require such third parties to agree to use the Personal Information only for such specified purposes and to implement and maintain reasonable security procedures and practices appropriate to the nature of your Personal Information in order to protect your Personal Information from unauthorized access, destruction, use, modification or disclosure.
Wedding and Baby Registry information is treated differently from information submitted for other purposes on our Site. Registry users may receive additional e-mail communications from us, such as a registry welcome e-mail and follow-up contact after the scheduled event date or the baby's expected arrival date. In addition, cookies are used as part of our registry service to save your registry number on your computer. By registering with us and opting to make your registry available online, your registry information, which includes your name, the province where you live, your event, event date or baby's expected arrival date, and type of event will be available publicly and may be used by our partners that help provide our services and our co-branded services (including for Information Usage Purposes) and will be accessible by search engines and spiders that are not affiliated with us.
Finally, and to illustrate the type of business partner with whom your registry information may be shared, if you have taken advantage of the applicable opt-in procedure, your registry information (your name, province where you live, date of event, baby's expected arrival date and event location) may be made available to third party wedding and baby registry portal sites. We may also share the e-mail address associated with your registry, but solely to enable us and such a third-party registry portal site to link your purchases or other activity with the registry you have established with us. The use of such portal sites is intended to provide your guests with additional means of finding your registry, and to provide you with additional ways to create a registry with us. Any third-party registry portal site with whom an e-mail address is shared as a registry identifier is contractually prohibited from using it for any other purpose not outlined above. In the future, if you wish to unsubscribe from our sharing of your information with such sites, please send an e-mail to firstname.lastname@example.org clearly indicating such request.
Occasionally, we may run a promotion such as a sweepstakes or a contest (a "Promotion"), and you will be given the opportunity to enter by filling out an entry form, or in some cases, you may be automatically entered by using a designated type of credit card when placing an order in store, online or via phone or, for example, by creating a Wedding or Baby Registry. Your entry information may be shared with third parties for the limited purposes of administering the sweepstakes and selecting a winner(s) and may be used to notify you in connection with the sweepstakes or contest and to verify your identity. When you enter such a Promotion, you will have the opportunity to consent to receive future communications from us. Since we value your privacy, you will always have the opportunity to stop such communications as detailed below. In addition, some Promotions may have one or more co-sponsors, and you may also be asked upon entry to consent to receive future communications from such co-sponsors. In the event your consent is indicated, the information from your entry will be shared with the co-sponsors. In those situations, the third parties will have the right to use your information for their own purposes, in accordance with their own policies, and we are not responsible for how co-sponsors may use your information. In all events, we will make it clear to you in the entry, order or registration form, before you submit it, whether you are consenting to receive information from any party, and you will be given the opportunity to confirm or withdraw such consent prior to submitting your entry, order or registration.
We will only send e-mail for customer service purposes and to those visitors who have indicated that they wish to receive other types of e-mail from us and our subsidiaries.
If at any time you wish to stop receiving e-mail from us, we include an unsubscribe mechanism in all of our e-mails and you can always remove your name from our mailing list by sending an e-mail to email@example.com stating that you wish to unsubscribe and indicating in the subject line of the e-mail "NO E-MAIL". Although we will promptly remove your name from our e-mail list upon receiving your request, it is possible that you may still receive e-mails from us that had been initiated prior to your name being removed from our list.
Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications related to services or products that you have requested on the Site (e.g. confirmation e-mails, billing reminders).
We may release Personal Information as permitted or required by applicable law or regulatory requirements, to comply with valid legal processes such as search warrants, subpoenas or court orders, to seek advice from our legal counsel, as part of our regular reporting activity to related companies, to protect the rights, property or safety of Bed Bath & Beyond, Buy Buy BABY, our users or others, to address emergency situations or where necessary to protect the safety of a person or group, to enforce or apply the terms of any of our user agreements, or where the Personal Information is publicly available.
You may review and make changes to the Personal Information that is stored in your user account on the Site by visiting the "My Account" area of the Site.
You can request access to your Personal Information stored by Bed Bath & Beyond by contacting our Privacy Officer (contact information below) and we will inform you about what type of Personal Information we have on record or in our control, how it is used and to whom it may have been disclosed, provide you with access to your information so you can review and verify the accuracy and completeness and request changes to the information and make any necessary updates to your Personal Information.
There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Personal Information that we hold about you. In addition, the Personal Information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. If we do not provide you with access to your Personal Information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
The Site is not purposefully directed at children under the age of 13 and all products available for sale on the Site are intended to be purchased by adults. We do not collect or maintain Personal Information, via the Site or otherwise, from those we actually know are children under 13 years of age. If you notify us that information has been provided by a child under the age of 13, upon verification, we will promptly delete such information.
The www.bedbathandbeyond.ca and www.buybuybaby.ca web sites (collectively, the "Site") are owned, operated and maintained by Bed Bath & Beyond Inc., the parent company to Bed Bath & Beyond Canada L.P., the entity that operates retail store chains in Canada under the names Bed Bath & Beyond and Buy Buy Baby. We refer to Bed Bath & Beyond Inc. as "Bed Bath & Beyond". We refer to all of the foregoing entities collectively as "we", "us" or "our". We hope you enjoy using the Site. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of our Site. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at firstname.lastname@example.org. In addition to the lower case words "we" "us" and "our" defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meaning are found where the capitalized words are placed in bold text inside parentheses and quotation marks.
By using this Site, you agree to accept the terms and conditions of this agreement ("terms and conditions"), so please be sure to read them carefully. If you do not agree with our terms and conditions, please do not use our Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check this page periodically for changes. Unless the law requires otherwise, your continued use of our Site following the posting of changes to these terms will mean that you accept those changes.
PLEASE BE ADVISED THAT TO THE EXTENT THAT WE PROVIDE ANY CONTENT FROM THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO RECIPES AND ADVICE), SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WE CANNOT AND DO NOT REPRESENT, WARRANT, PROMISE OR INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY, COMPLETENESS, CURRENCY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.
Bed Bath & Beyond reserves the right to limit quantities on any order.
You can create a user account on the Site that allows you to access and use certain of its functions and features. You acknowledge and agree that the user identification chosen by you for access and utilization of the Site ("Username"), and the password selected by and used by you in conjunction with the respective Username are to be kept secure, secret and confidential ("Password"). We are authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the Site.
While we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we are committed to making the Bed Bath & Beyond and Buy Buy Baby shopping experiences available to all our customers, including those with disabilities, and have designed this Site with accessibility in mind. You can help. If you notice any content, feature or functionality of the Site that is not accessible to people with disabilities, please email us at email@example.com with the words "Disabled Access" in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We can't promise that we'll make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
The Site and all of its content are copyrighted materials, protected by Canadian, U.S. and international copyright laws and other intellectual property laws and regulations. The compilation of content on our Site is either owned by or is under license to, Bed Bath & Beyond, and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use.
Ampersand, Artic Gear, Atelier, Avondale, Be Basic™, Bed Bath & Beyond, Bedding & Beyond, Bed Lifts, Be Here Now, Beyond, Beyond Any Registry of its Kind, Beyond Any Site of its Kind, Beyond Any Store of its Kind, Beyond Bedtime, Beyond Value!, Blue Line, Blue Green & Beyond, buybuy BABY®, Café Beyond, Classic Elegance, Close Up, College & Beyond, Deco Bain, Decorative Living, DecorBeyond, Dream Beyond, E-2 – Think Save Conserve, Equip Your Space, Exclusively Ours, Game Set Health, Gifts & Beyond, Helping You With Those First Few StepsSM, Howbook, Insola, Millerton Market, Modern Classics, My Perfect Kitchen, Night Life, Pack & Hold, Palais Royale, Paws Life, Pure Beech, Refresh…Revive…Reveal Your Style, Register for Your Little Bundle and Get a BundleSM, Service & Beyond, Simply Organic, Studio 3B, Summer & Beyond, The Beyond Store, The Seasons Collection, Thermal Tec, We Love University, Where Shopping is Child's PlaySM, Wowbook, You Choose the Name. We'll Help You Choose the RestSM, 1001 Best Gifts & Beyond, 1-800-GO BEYOND, and any associated designs and logos are trademarks and service marks of Bed Bath & Beyond Inc. and its subsidiaries, including Buy Buy Baby, Inc. and in some cases are registered with the Canadian Intellectual Property Office, the United States Trademark Office, and the intellectual property offices of other countries. These trademarks and service marks may not be used by any party other than Bed Bath & Beyond and its subsidiaries without express written consent.
Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners.
You agree not to copy, reproduce, or modify any portion of the Site. This restriction includes a prohibition on copying, reproducing, or modifying any names, trademarks and logos which Bed Bath & Beyond or Buy Buy Baby own or have the right to use.
The content of this Site can be downloaded from the Site onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices are not changed, obscured or deleted. Any modification of the content on our Site or use of them for any other purpose will violate our intellectual property rights (and probably the intellectual property rights of some other parties).
Everything you download from the Site, including the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, remains the property of Bed Bath & Beyond, and its licensors. That means that Bed Bath & Beyond and its licensors retain full and complete title and interest in all of the associated intellectual property rights to the content, including the software, of this Site. You cannot redistribute or sell the content of this Site, nor reverse- engineer, disassemble, or otherwise convert it to any other form.
You agree that your access to, and permitted use of, this Site is a privilege and not a right or entitlement (whether by contract or otherwise), and that we may prohibit your access to, or use of, this Site at any time without prior notice to you upon any determination that such prohibition is in the best interests of Bed Bath & Beyond or other visitors to, or users of, this Site. Notwithstanding any of these Site terms and conditions, you agree that we reserve the right, without notice and in our sole discretion, to terminate or to block your use of the Site.
We welcome any comments you may have regarding Bed Bath & Beyond and Buy Buy Baby stores, the Site, merchandise, and services. Except for content submitted by you through our Wedding & Baby Registry, which are discussed in more detail below, any comments you submit to us through our Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site, the Registry Features, Bed Bath & Beyond or Buy Buy Baby. You are solely responsible and liable for any damages suffered or incurred by Bed Bath & Beyond in connection with the Content you submit or post, or that is submitted or posted under your Username and Password.
We offer gift cards for use in our stores or on the Site. Our provision, and your use, of such gift cards is governed by these terms and conditions, and the gift card terms and conditions which are available here and which are hereby incorporated into these terms and conditions by this reference.
We may be required by law to charge goods and services tax, provincial sales tax, or harmonized sales tax, on your purchase of products from our website. We may also be required to charge tax on shipping charges.
We do not collect goods and services tax, provincial sales tax, or harmonized sales tax on gift cards, as the appropriate taxes will be charged on the purchase when the gift card is redeemed.
None of what follows affects in any way our return policy at bedbathandbeyond.ca. If for any reason you are not satisfied with a purchase that you make from our Site, please return it. Instructions on how to do so will be included with your order. The following, though, is important information about your use of this Site.
THE SITE AND ANY CONTENT THEREIN, THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITH ALL FAULT AND WITHOUT REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND; AND ALL WARRANTIES, REPRESENTATIONS AND COVENANTS WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TRUTH, QUALITY, COMPLETENESS, SUITABILITY, RELIABILITY, AUTHENTICITY, VALIDITY, WARRANTIES OF TITLE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND ANY CONTENT THEREIN, THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE ARE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPLETELY DENIED AND DISCLAIMED.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND BED BATH & BEYOND, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE (THE "BED BATH & BEYOND PARTIES") WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, THIRD PARTY, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES OR OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES) THAT MAY RESULT OR ARISE FROM, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, DETRIMENTAL RELIANCE, EQUITY, STATUTORILY, OR OTHERWISE, AND EVEN IF THE BED BATH & BEYOND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR RELIANCE UPON, USE OF (OR INABILITY TO USE) OUR SITE OR ANY CONTENT THEREIN OR ANY OTHER WEB SITE TO WHICH YOU HYPERLINK FROM OUR SITE.
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT. IN THE EVENT THAT THE LIABILITY FOR ANY OF THE ABOVE DAMAGES CANNOT BE EXCLUDED BY APPLICABLE LAW YOU AGREE THAT SUCH LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU HEREBY REPRESENT, WARRANT AND COVENANT THAT YOU ABSOLUTELY AND IRREVOCABLY RELEASE THE BED BATH & BEYOND PARTIES FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THAT YOU MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE, IN ANY CONNECTION WITH THE SITE AND ITS CONTENT, CONTENT YOU MAY SUBMIT OR POST OR ANY VIOLATION OF YOUR INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS THAT MAY OCCUR ON THE SITE.
YOU AGREE AND CONFIRM THAT THE LIMITATION ON LIABILITY AND RELEASE ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.
THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. BED BATH & BEYOND THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
You agree to defend, indemnify and hold harmless the Bed Bath & Beyond Parties against any claims, damages (including but not limited to, direct, indirect, third party, consequential or special), loss, harm, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) suffered or incurred by any Bed Bath & Beyond Party, arising out of or in any way related to: your access to and use of this Site, including, your willful misconduct, your use or inability to use the Site; your breach of the terms and conditions or of any representation, covenant or warranty contained herein; any breach, infringement, misappropriation or misuse by you of any third party's intellectual property right, or other rights; any Content submitted or posted to the Site by you or under your Username and Password that breaches, infringes, contravenes or otherwise interferes with any third party's intellectual property rights, or any other rights; any personal injury or death or any property damage by reason of any of your acts or omissions whether negligent or otherwise.
Unless otherwise specified, the materials on our Site are presented to provide information about Bed Bath & Beyond, Buy Buy Baby and their products offered for sale and to provide related services and information to visitors.
These terms and conditions and the agreement they create, and your access and use of this Site shall be governed by and interpreted according to the laws of the Province of Ontario, and the federal laws of Canada applicable therein (without applying conflict-of-law principles), excluding the body of law applicable to choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute between you and the Bed Bath & Beyond Parties or any other person arising from, connected with or relating to this Site, these terms and conditions, or any related matter will be resolved before the Provincial and federal courts in Toronto, Ontario, Canada and you agree that such venue is the most appropriate and convenient concerning your use of this Site and the transactions contemplated thereby; and you irrevocably submit and attorn to the original and exclusive jurisdictions of these courts.
Items purchased on the Site that are shipped directly from the vendor may need to be imported into Canada. When this occurs, and to the extent necessary, you acknowledge and agree that our appointed customs broker (and, if necessary, its third party service providers) can transact customs business on your behalf with all relevant customs authorities. In addition, you agree that the customs broker can, if necessary, make, endorse, sign, declare and/or swear to on your behalf any customs declaration, certificate, bill of lading and/or any other documents required by law or regulation in connection with the exportation, importation and/or transportation of the items shipped or consigned to you or your designee.
We in no way imply that the materials on our Site are appropriate or available for use outside of Canada. If you use the Site from locations outside of Canada, you do so at your own risk, and are responsible for compliance with any applicable local laws, rules, regulations and by-laws.
You represent, warrant and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and by-laws of Canada, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission or exporting of technical data from Canada or the country in which you reside. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction where we are prohibited from communicating with and you agree that you shall not access this Site from such country or jurisdiction including, but not limited to, any jurisdiction that is on the Area Control List of the Exports and Imports Permit Act of Canada.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. We may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
You acknowledge and agree that nothing in this Site or this agreement shall create or be construed to create any type of agency, fiduciary, joint venture, partnership, or business relationship between us and yourself.
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