Terms of service

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Terms and Conditions
Accessing any of the Beyond websites (“Sites”) constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the Sites. The Sites are operated by Beyond, Inc. (“Beyond,” “us” or “we”). We are a company incorporated in Delaware and our principal place of business is located at 433 W Ascension Way, Suite 300, Murray, UT 84123.

PLEASE BE AWARE THAT THESE TERMS INCLUDE A “DISPUTES” SECTION CONTAINING PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND BEYOND. AMONG OTHER THINGS, THE “DISPUTES” SECTION INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  THE “DISPUTES” SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ THE “DISPUTES” SECTION CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the Sites. If you access the Sites after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.
 
Privacy
To view our Privacy and Security Policy, click here. We created the Privacy and Security Policy to inform you about our collection and use of information we collect when you access the Sites.
 
Copyright
You acknowledge that the Sites contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or any information displayed on the Sites, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Sites.
 
Intellectual Property Infringement
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Sites and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Sites, or items advertised on the Sites, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Sites, or items advertised on the Sites, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Sites. In order for us to investigate your claim of infringement, you must provide us with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
  3. A description of where the material that you claim is infringing is located or identified on the Sites;
  4. Your name, address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
 
By mail:
Copyright Agent
c/o Beyond, Inc.
433 W Ascension Way
Murray, Utah 84123
 
By phone:
+1 (801) 947-3100

By email:
copyrightagent@beyond.com
  
Trademarks
Beyond, Beyond, Inc., Bed Bath and Beyond, Bed Bath & Beyond, O.co, Overstock.com, Overstock, Backyard.com, and other marks which may or may not be designated on the Sites by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Beyond in the United States and other countries. The above marks and any associated designs and logos are trademarks and service marks of Beyond, 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 Beyond and its subsidiaries without express written consent. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 
Site Access
You may not download (other than page caching) or modify the Sites or any portion of them without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Sites or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Sites or their Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
 
Your Account
If you use the Sites, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Sites.
 
Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations.
 
Patent Licensing
Portions of the Sites may be covered by one or more patents, including U.S. Patent No. 6,330,592.
 
Links
We are not responsible for the content of any sites that may be linked to or from the Sites or any bulletin board associated with us or the Sites. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Sites is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

Disclaimers And Limitations Of Liability
The Sites are provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Sites will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Sites, or the products or services offered for sale on the Sites. We make no representation that Content provided on the Sites is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Sites is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Sites, including but not limited to reliance by a user on any information obtained at the Sites, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. Further, we are not liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost opportunity costs, purchase of replacement product/s, and/or time of assembly) arising or resulting from your receipt of incorrect or incomplete product/s that you received as a result of a purchase on the Sites. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Sites. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Sites, please refer to the manufacturer or Associates for details.

The products on our Sites are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
 
Online Conduct
You agree to use the Sites only for lawful purposes. You are prohibited from posting on or transmitting through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Sites. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Sites. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites; or (iii) to protect our rights or property, our users and customers and/or you.

We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Sites, Sites users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Sites.
 
Your User Content Posted On The Sites
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Sites, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Sites, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
 
Your Consent To Notices
You agree that we have the right to send you certain information in connection with the Sites. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Sites. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Sites. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Sites, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Sites.
 
Termination Of Usage
We may terminate your access or suspend your right to access to all or part of the Sites, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
 
Usage By Minors
These Sites are not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Sites, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with any of the Sites, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Sites.
 
Tobacco Sales To Minors
We will not sell tobacco or tobacco related products to anyone who is not of legal age to purchase and use tobacco products under applicable law. We cannot be held responsible for minors purchasing tobacco or tobacco related products with a parent or guardian's credit card. By placing your order for tobacco or a tobacco related product you are confirming that you are of legal age to purchase and use tobacco products in the state, country or territory where you are based. We may restrict the purchase of tobacco related products in your area.
 
Applicable Law
If you access the Sites from anywhere in the United States or Canada, you agree that the laws of the State of Utah, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Beyond.
 
Disputes
Applicability of Arbitration Agreement. If you access the Sites from within the United States or Canada, you are subject to the terms of this Arbitration Agreement and you and Beyond agree that any disagreement, controversy, or claim between you and Beyond arising out of or relating in any way to your access to or use of the Sites, any communications you receive, any products sold or distributed through the Sites, or the Terms and prior versions of the Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Beyond may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Beyond may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms. 

Informal Dispute Resolution. There might be instances when a Dispute arises between you and Beyond. If that occurs, Beyond is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Beyond agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Beyond agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Beyond that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to privacy@beyond.com or regular mail to our offices located at c/o Beyond, Inc., 433 W Ascension Way, Suite 300, Murray, UT 84123. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute. Beyond will send Notice and a description of the Dispute to your email address or regular address on file.

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration.  The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

Waiver of Jury Trial.  YOU AND BEYOND HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Beyond are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Beyond agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Utah. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Beyond from participating in a class-wide settlement of claims.

Rules and Forum.  The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Beyond agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  

Unless you and Beyond otherwise agree, or the Batch Arbitration process discussed in the subsection titled “Batch Arbitration” is triggered, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM Rules.
 
You and Beyond agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Beyond agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Utah and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process discussed in the subsection titled “Batch Arbitration” is triggered, NAM will appoint the arbitrator for each batch.

Authority of Arbitrator.  The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.  The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Beyond need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Beyond agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against Beyond by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Beyond.

You and Beyond agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, except as expressly set forth in this provision.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: at c/o Beyond, Inc. 433 W Ascension Way, Suite 300, Murray, UT 84123, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Beyond account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Beyond as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. 

Modification. You and we agree that Beyond retains the right to modify this Arbitration Clause in the future. Any such changes will be posted at https://help.bedbathandbeyond.com/help/s/article/TERMS-AND-CONDITIONS and you should check for updates regularly. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Beyond at c/o Beyond, Inc., 433 W Ascension Way, Suite 300, Murray, UT 84123, your continued use of the Sites and/or the acceptance of products and services offered on the Sites following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the services or of the Sites, any communications you receive, any products sold or distributed through the Sites, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Beyond will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

 
Site Policies, Modification And Severability
Please review our Privacy and Security Policy , Shipping & Delivery Policy  , Oversized-Item Delivery  , Standard Return Policy , Product-Specific Return Policies   (including: Non-Returnable Items  ,  Oversized-Item Return Policy  , International Return Policy  ,Products Returned After 30 days  , Defective Product and Returns Due to Our Error ), Refund Policy  , Club O Rewards Program Terms and Conditions   , and all other policies posted on the Sites, all of which are incorporated herein by this reference. These incorporated policies also govern your visit to the Sites. We reserve the right to make changes to the Sites, any incorporated policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

How To Order Through The Sites
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider's inventory.
 
Prices, Availability, And Errors
Products on the Sites are subject to change without notice. Errors will be corrected when discovered. Our Sites contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Sites may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.

Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Sites, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received and Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory, our third party fulfillment provider's inventory, or a Marketplace Seller’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if the product you ordered is unable to ship due to unavailability.

We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.
 
Collection of Tax
We collect sales and seller’s use tax on sales made to all state and local jurisdictions. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Sites, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.

Some states may require us to provide you notice regarding state use tax at the time of purchase, an annual purchase summary, and/or report your annual untaxed sales to that state. We provide this data as a reference to assist you in determining any applicable use tax. Our calculations may not match the data in your records and may not reflect gifts or shared accounts.
 
 
Shipping
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. Except for orders from Marketplace Sellers, we reserve the right to redirect your shipment at any time prior to delivery, should we deem it necessary. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

For certain orders through the Sites or the Marketplace, you hereby authorize an approved customs broker to act as your agent, and to transact business with US Customs and Border Protection to obtain release of merchandise, account for duties and taxes, return merchandise, and electronically submit refund claims on your behalf.
  
Risk of Loss
All items purchased through the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
 
The Beyond Marketplace
Some products offered through the Sites may be fulfilled by third party sellers (“Marketplace Sellers”). Products offered by Marketplace Sellers are identifiable by the terms “Sold and Shipped by a Beyond Marketplace Seller” on the product information page. If you purchase a product from a Marketplace Seller, we share certain information with that Marketplace Seller in order to permit the Marketplace Seller to fulfill and ship your order, process returns, and provide customer service. We require all Marketplace Sellers to keep your information secure. 
 
Marketplace Sellers’ shipping and delivery policies may differ from our shipping and delivery policies set forth above. By purchasing a product from any of our Marketplace Sellers, you acknowledge that all Marketplace orders will be fulfilled by the third party Marketplace Seller and not by us. The shipping information, return policy, and customer service information for a Marketplace Seller can be found on the product page. The Marketplace Seller will be responsible for all processing, shipping, returns, and customer service related to your Marketplace order. You should contact the Marketplace Seller directly via the contact information provided on the product page for any inquiries or customer service issues related to the Marketplace Seller’s products. Products purchased from a Marketplace Seller can only be returned to that Marketplace Seller in accordance with the Marketplace Seller’s return policy, and cannot be returned to us. 
 
Mobile Conditions
We provide downloadable mobile applications, exclusive deal offerings, graphics, and other information or data via the internet, Push Notifications, SMS, MMS, WAP, BREW and other means of mobile content delivery to compatible mobile devices. In order to use the Mobile service (“Service”), you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Service available, as well as any carrier services necessary to download content, and pay any service fees associated with any such access. In addition, you must provide compatible, functioning equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device. You are responsible for ensuring that your equipment and/or software are compatible with and do not disturb or interfere with the Service or carrier operations. Any equipment or software causing interference or creating unreasonable inefficiencies within the Service and/or placing an undue burden or load on the infrastructure or operation of the Service may be immediately disconnected from the Service and we shall have the right to immediately terminate your subscription. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense if you desire to maintain your access to the Service. Unless explicitly stated otherwise, any new or additional features that we release to augment or enhance the current Service, including the release of new products and/or services shall be subject to these conditions.

SMS
When you join and provide us with your mobile phone number, you agree that we may send you text messages (including SMS and MMS) to your phone number. These messages may be marketing messages with discounts and products from the Sites.

For Overstock: In order to receive assistance or help, simply text HELP to 70343 or reply to any message from us with HELP. You may also contact our customer service department by visiting our website Contact Page  or dialing 1-800-843-2446 if you live in the U.S. or Canada. Message & data rates may apply.

For Overstock: In order to terminate you must text STOP to 70343 or reply to any message from us with STOP. We will reply to you with a message confirming you have elected to stop receiving text messages. Except for the final confirmation message terminating the program, we will send you messages between the hours of 8:00 am and 10:00 pm using the time zone associated with the area code of your mobile device.

For Overstock: In order to subscribe, text JOIN to 70343. In reply, we will send you a confirmation text message, and you may need to reply as instructed to complete registration. We will send you up to eight (8) messages per week. We will not charge you for sending or receiving messages, but message and data rates from your phone carrier may apply, and are solely your responsibility.

Some phone carriers or phone types may not be compatible to receive SMS or MMS messages. Carriers are not liable for delivered or undelivered messages. Texts may be sent through an automatic telephone dialing system. Your phone carrier may prohibit or restrict certain mobile features, and they may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

You agree to notify us of any changes to your mobile number and update your account(s) with us to reflect this change. You also agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator.

Data obtained from you may include your mobile phone number, your carrier's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the SMS services. All data collected is subject to our Privacy and Security Policy .

Non-U.S. Pricing
Pricing of products available for purchase by non-U.S. customers may vary by country and from the prices shown U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, service fees, duties and imports factored into the price of the product. International customers will not be able to take advantage of Beyond’s site-sales and certain coupons. Club O/Welcome Rewards and gift cards are not currently available for international customers.

Distance Selling Regulations
If you are contracting as a consumer, you may cancel an order that Beyond has accepted at any time within fourteen days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products excluding duties and taxes unless applicable due to the return reason. Please note you must return the product to Beyond and you must pay the cost of returning the product under the applicable return policy, unless the product(s) are not those you ordered, in which case Beyond will bear your costs of returning the product(s) in question to Beyond. You will not have the right to cancel an order under these provisions for audio or video recordings or computer software where you (or someone else following delivery to the delivery address you provided) have unsealed the package or downloaded the content.

To cancel an order, you must inform us by phone or by email through the My Account link located at the top of each page of the Sites or click here . You must also return the product(s) immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Details of this potential right of action, and an explanation of how it may be exercised, may be obtained by email at international@beyond.com. This provision does not affect your statutory rights.

Delivery Times
Your order may be fulfilled consistent with the delivery estimates you receive at Checkout  or, if no delivery estimates are provided, then within a reasonable time from the Shipping Confirmation date, which could in exceptional circumstances be greater than 30 days.

Disclaimers of Warranty and Limitations of Liability
To all international customers only, Beyond warrants to you that, where you buy a product as a consumer, any product purchased from Beyond through its Sites is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.

Beyond’s liability for losses any international customer suffers as a result of anything Beyond does or does not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of any violation of the Terms. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted.

Beyond is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

This does not in any way limit or exclude any of Beyond’s liability (a) under section 2(3) of the Consumer Protection Act 1987; (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence; or (d) for fraudulent misrepresentation.

Other than the warranties and other assurances Beyond gives you in these Terms, Beyond specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Beyond shall create a warranty (unless made fraudulently).

Applicable Law
If you access the Sites from anywhere other than the United States or Canada, you agree that English law will govern these Terms and the purchase of products by you through the Sites, and that any dispute of any sort that might arise between you and Beyond or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.

These Terms were last revised and updated on February 2, 2025.