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WAYFAIR US LEGAL CENTER



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ALL CONTRACTS

 * Wayfair US Full Terms & Conditions
 * Privacy Policy
 * Terms of Use
 * Wayfair's Copyright Policy
 * Wayfair Professional Program Terms
 * Home Services
 * Wayfair Rewards Program Terms
 * Wayfair Gift Card Terms and Conditions
 * Wayfair Credit Card Rewards Program Terms
 * Wayfair Professional Credit Card Rewards Program Terms
 * Interest-Based Advertising


WAYFAIR US FULL TERMS & CONDITIONS


VERSION 1.45

EFFECTIVE JANUARY 20, 2023

Download

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TABLE OF CONTENTS

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CONTENTS

 * Privacy Policy
 * Terms Of Use
 * Wayfair's Copyright Policy
 * Wayfair Professional Program Terms
 * Home Services
 * Wayfair Rewards Program Terms
 * Wayfair Gift Card Terms and Conditions





PRIVACY POLICY

Last Updated: June 20, 2022
We care about our customers and know that your privacy is important to you. This
Privacy Policy ("Privacy Policy") is our way of sharing how we collect your
information, why we need it, and how we use it.


SCOPE OF APPLICATION

This Privacy Policy applies to your use of our websites and mobile websites
(together, the "Site") and our mobile applications (together, the "App," and
together with the Site, the "Service"). The Service includes websites and mobile
applications operated by Wayfair LLC and its affiliated brands, including
Wayfair.com, Joss & Main, AllModern, Birch Lane and Perigold ("Wayfair", "we" or
"us"). If you visit another website or mobile application, including another
Wayfair website or mobile application, the privacy policy of that website or
mobile application will apply. Please review the privacy policy of that website
or mobile application to understand how that website or mobile application
operator processes your information.
This Privacy Policy also applies to the information you provide to us after
being presented with or directed to this Privacy Policy. This could be, for
example, when you share your information with our service representatives (e.g.
a customer service agent, design professional, or an installation or assembly
pro) or send us a letter, email or chat.
Before submitting information to the Service, please review this Privacy Policy
carefully. Back to Top


INFORMATION WE COLLECT AND HOW WE USE YOUR INFORMATION

There are three general categories of information we collect: (1) Information
you give to us; (2) Information we automatically collect from your use of the
Site or the App; (3) Information we collect from third parties.
We use your information in several different ways. What we do with your
information depends on when we collect it and what we collect.


Information you give to us
 * Your name and contact details (such as your email address, mailing address,
   phone number, and password)
 * Additional profile information (such as date of birth, gender, location, and
   preferred language)
 * Your payment information (such as your credit/debit card number, security/CVV
   code, and expiration date)
 * Your financing information (such as social security number, date of birth,
   and income)
 * Your communications and contact history with us (such as service call
   recordings, chat and instant messages, or communications with our social
   media channels)
 * Other information (such as product reviews, forum posts, survey responses,
   participation in promotions, and other user-generated content)

How we use information you give to us Why we collect it Registration We need
your name and contact details to create your account. This information is
necessary for the adequate performance of certain services and offerings on the
Site and the App, and to fulfill our contract with you when you place an order.
Accept payment, fulfill orders, provide refunds We use your name and contact
details to fulfill our contract with you and deliver your orders, and we use
your payment information to process payments and comply with applicable law.
Application for financing solutions offered by financing providers We collect
your financing information on behalf of the financing provider you choose and
send the information to that financing provider to facilitate your application
to financing products. Sending you account information We need your name and
contact details to deliver important account information to you, such as order
confirmations and notices, changes to account settings, and notices about the
Site, the App, or the terms and policies that apply to them. To offer an
improved user experience We use your communications and contact history with us,
as well as other information such as additional profile information, to operate,
protect, improve and optimize the Site and the App and to personalize and
customize your experience. Analytics, training and quality assurance We may use
information you provide to us to train our staff, improve our services and
offerings, and perform other internal analytics and performance monitoring.
Communication, marketing and advertising We may use information you provide to
us to deliver and personalize our communications with you, or to administer
referral programs, rewards, surveys, sweepstakes, contests or other promotional
activities. We may also use automatically collected information to trigger
marketing communications, for example shopping cart reminders via SMS.


Information we automatically collect from your use of the Site or the App
 * Purchase history and saved items (such as what you bought, what you've placed
   in or removed from your cart, or what items you've saved)
 * Log data and device information (such as details about how you've used the
   Site or the App, IP address, access dates and times, hardware and software
   information, device information, device event information, unique
   identifiers, crash data, cookie data, location data and page/product views or
   clicks)
 * Geo-location information (such as IP address, browser information or mobile
   GPS information)
 * Cookies and similar technologies (such as web beacons, pixels, and mobile
   identifiers; to learn more about these technologies and how you can control
   them, see Our Cookie Policy)

How we use information we automatically collect Why we collect it To provide
customer service and process returns We use your saved products to help you make
a purchase, and we use your purchase history to uphold our contract with you and
ensure that you've had a great customer experience. To offer an improved user
experience We use your log data and device information to operate, protect,
improve and optimize the Site and the App and to personalize and customize your
experience. To create and maintain a secure environment We use automatically
collected information to comply with applicable law and to measure the adequate
performance of our contract with you. Analytics, training and quality assurance
We may use automatically collected information to train our staff, perform
internal analytics, detect and prevent fraud and improve our services and
offerings. Communication, marketing and advertising We may use automatically
collected information such as cookies and similar technologies to provide the
most relevant advertising to you.


Information we collect from third parties, including third party services (for
example if you link, connect, or login to the Site or the App with your Google,
Facebook, Instagram or Twitter accounts) or other sources (such as your contacts
or brands we partner with)
 * Your name and contact details (such as your email address, mailing address,
   phone number and password)
 * Social media handles (such as your Twitter or Instagram handle)
 * Other information (such as demographic data, fraud detection information and
   information about you and your activities, experiences and interactions on
   and off the Site and the App)

How we use information from third parties Why we collect it Registration and
profile We will use information from third party services if you register with
us using another service, such as Facebook or Google, including Google’s one-tap
login service. Connecting to third-party applications or services is optional.
If you create your account by connecting through another service, we will
collect public information from that connected account to help complete your
profile. Communication, marketing and advertising We may use information we
collect or receive from third parties to deliver and personalize our
communications with you, or to administer referral programs, rewards, surveys,
sweepstakes, contests or other promotional activities. Non-member referrals We
may obtain your information from a friend or other contact who wants to invite
you to use the Site or App. We will use your information to facilitate your
invitation and administer our referral program. To create and maintain a secure
environment We may obtain your information from third party service providers
and/or partners (e.g. identity verification services) and combine it with
information we have about you for fraud prevention and risk assessment efforts.


Back to Top


WHEN WE SHARE YOUR INFORMATION

We share your information with the following categories of recipients as an
essential part of being able to provide the Site, the App, the Service and
related services and offerings, including customer service, to you:
 * Wayfair Inc. subsidiaries and affiliates. Wayfair subsidiaries include
   CastleGate Logistics Inc. and SK Retail, Inc.
 * Companies and individuals that help us deliver our products to you, such as
   suppliers, payment service providers, logistics professionals, and delivery
   and freight companies.
 * Professional service providers who help us run our business, such as
   marketing companies, software vendors, consultants, and advertising partners.
 * Companies approved by you, such as social media sites (if you choose to link
   your accounts to us) and payment processors or financing providers and card
   issuing banks if you choose to use their services or offerings.
 * Government and law enforcement agencies and applicable parties in civil
   litigation, to (i) comply with a legal process, subpoena, order, or other
   legal or regulatory requirement; (ii) enforce our Terms of Use or other
   policies; or (iii) pursue available legal remedies or defend legal claims.

We share your information with third parties only as described in this Privacy
Policy, with your consent, or as disclosed at the time we collect your
information. We may anonymize your information and share such anonymized
information with third parties for any purpose permitted by applicable laws. We
will never share information collected through Wayfair's SMS program for another
company's marketing purposes, anonymized or otherwise. Back to Top


FINANCING PROVIDERS

If you choose to apply for a financing product offered by a financing provider,
we collect some of your financing information on behalf of that provider. Once
you have completed the application form, we send the data to the financing
provider and delete it immediately from our systems, except for information we
need to keep in order to provide services to you. We will not use your financing
information for any other purpose. Back to Top


OUR COOKIE POLICY

We use cookies when you visit our Site and App to analyze traffic, optimize
performance and content and to provide an integrated and more personalized
shopping experience for customers. Cookies are small text files that are stored
by your Internet browser on your computer. While our cookies may change from
time to time, we generally use the following types of cookies:
 * Functionality cookies, which allow you to navigate the site and use our
   features.
 * Analytics cookies, which allow us to measure, analyze and understand how our
   customers use the Site and to identify ways to improve both its functionality
   and your shopping experience. For example, we use Google Analytics to help us
   evaluate your use of the Site, to compile reports on website activity, and to
   provide other services related to website activity and internet usage. To
   learn how Google Analytics collects and processes data, please visit: “How
   Google uses information from sites or apps that use our services” located at
   www.google.com/policies/privacy/partners.
 * Customer preference cookies, which help us remember your preferences (like
   your language or location) and make your experience more personalized to you.
 * Targeting or advertising cookies, which allow us to deliver digital ads
   relevant to you. These types of cookies also limit the number of times that
   you see an ad and help us measure the effectiveness of our marketing
   campaigns. We use cookies to help us identify and retarget users who may be
   interested in our products, services or offerings both on our Site and on
   third party websites. For example, we use proprietary technology to
   specifically target users by creating advertising material based on the
   users' previous behavior. To disable interest-based ads, please see Direct
   Marketing and Behavioral Advertising below.

You can prevent the use of cookies by changing the settings in your web browser
so that (i) it does not accept new cookies, (ii) it informs you about new
cookies, or (iii) it deletes all already received cookies. By deleting or
disabling future cookies, your user experience may be affected and you might not
be able to take advantage of certain functions of our Site (such as storing
items in your Cart between visits, customizing your website experience, and
making marketing messages more relevant).
We also use web beacons to help us identify your computer and evaluate user
behavior, such as reactions to promotions. Web beacons are small GIF files that
can be embedded in other graphics, emails, or similar. To prevent web beacons on
our site, you can use tools such as AdBlock Plus. To prevent web beacons in
emails, please set your mail program so that no HTML is displayed in messages.
Back to Top


DIRECT MARKETING AND BEHAVIORAL ADVERTISING

We may directly send you marketing communications and materials by email, postal
mail, and other channels to keep you informed of new products, promotions, and
to provide other information we think may be of interest to you. You can stop
receiving direct marketing messages from us at any time through your preferences
here or by clicking any "unsubscribe" link in any marketing message you receive
from us. Please note that it may take up to 48 hours to process your request and
update our systems. Note that if you request that we stop sending you marketing
messages, we will continue to send you administrative and service communications
(such as order updates and other important or transactional information).
Please note that if you use more than one name or email address when
communicating with Wayfair or using the Site of App, you may continue to receive
communications from us to any name or email address not specified in your
opt-out request. Back to Top


INTEREST-BASED ADVERTISING

On Wayfair-owned and operated sites, as well as unaffiliated sites and
properties, we may display tailored interest-based advertising. Interest-based
ads, also sometimes referred to as personalized or targeted ads, are displayed
to you based on information from activities such as purchasing on our sites,
visiting sites that contain Wayfair content or ads, interacting with Wayfair
tools, or using our payment services. We do this using a variety of digital
marketing networks and ad exchanges, and we use a range of advertising
technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers,
as well as specific services offered by some sites and social networks, such as
Facebook's Custom Audience service.
You can opt out of receiving certain third-party interest-based ads, or learn
more about behavioral advertising, by visiting www.aboutads.info/choices. Please
note that if you opt out of behavioral advertising, you will still see
advertisements - they will just not be tailored to your interests. Also note
that deleting browser cookies can remove the cookie preferences you have made,
so you may need to opt out again. Back to Top


BLOGS, REVIEWS AND FORUMS

The Service also may from time to time offer publicly-accessible blogs, reviews
or forums. Any information you provide in these areas may be read, collected and
used by others who access them. To request removal of your information from
blogs, customer reviews or forums, please contact us here. Please note that in
some cases we may be unable to remove your information. Back to Top


OUR SECURITY MEASURES

The security of your information is important to us. We use appropriate
technical and organizational safeguards to protect your information from
unauthorized use, disclosure, and loss. Encryption technology, including current
industry-standard encryption protocols, is used to protect personal information
in certain areas of our websites during transmission across the Internet. We use
a PCI-compliant payment service provider over a secured network. If you have
questions about the security of your information, please contact us here.
We encourage you to take reasonable measures to protect your password and your
computer to prevent unauthorized access to your account. Remember to sign out of
your account and close your browser window if you are using a shared computer in
a public place such as a library or an Internet cafe. Back to Top


KEEPING YOUR INFORMATION

We will keep your information for as long as you have an account or as long as
we need it to fulfill the purpose for which it was collected or disclosed to you
at the time of collection. We may also keep some of your information as required
to meet legal or regulatory requirements, resolve disputes, prevent fraud or
abuse, enforce our Terms of Use, or for other permissible purposes.
When we no longer have a need to keep your information, we will either delete it
from our systems or anonymize it so that it no longer identifies you. Back to
Top


CHILDREN'S PRIVACY

The Site, App and Service are not directed to children, and we do not knowingly
collect information from children under 13. If you are a parent or guardian and
believe that we have information about your child, please contact us here. To
learn more about how to protect your child online, visit the FTC’s
www.OnGuardOnline.gov. Back to Top


INFORMATION FOR CALIFORNIA RESIDENTS

California residents are granted certain rights under the California Consumer
Privacy Act (CCPA). Please see below for more information. As allowed by CCPA,
Wayfair may ask you to confirm certain pieces of personal information so that we
may validate your identity and properly service your request.
Delete My Personal Information: You may request that Wayfair delete your
personal information and direct its service providers to do the same by filling
out this form. Once we receive your submission, Wayfair will (to the extent
required by law) delete your personal information and notify you if any
exception to this process occurs. Please note that deleting your personal
information will result in the closure of your account, and as such, your
Wayfair experience will be impacted for future site visits.
Access My Personal Information: You may request that Wayfair provides you with a
copy of the personal information that we hold by filling out this form. You may
ask us for this information up to two times in a rolling twelve-month period.
When you make the request, the information provided may be limited to personal
information we collected about you in the previous 12 months. Please include in
the request if you would like to receive any of the following information or if
you have a more specific request:
 1. The categories of personal information Wayfair has collected about you.
 2. The categories of sources from which Wayfair collects your personal
    information.
 3. The business or commercial purpose for collecting or selling your personal
    information.
 4. The categories of third parties with whom Wayfair has shared your personal
    information.
 5. The specific pieces of personal information Wayfair has collected about you.

Opt Out of the Sale of My Personal Information: Wayfair will occasionally
transfer your data to third parties in a manner that may constitute a "sale"
under CCPA. The definition of "sale" is very broad and includes routine
marketing activities that Wayfair engages in.
Wayfair transfers the following categories of personal information in this
process to some of our marketing partners:

Category Does Wayfair Transfer This? Personal Identifiers Yes Protected
Characteristics N/A Commercial Information Yes Biometric Information N/A
Internet and Other Network Activity Yes Customer Geolocation N/A Sensory
Information - Audio, Visual, Olfactory N/A Employment Related Information N/A
Education Information N/A Inferences About Any of the Above Yes

As a California resident, you may opt out of these transfers by following this
link and making your desired selections. Please note that submitting this
request does not opt you out of all marketing activities, only those recognized
as a "sale" within the meaning of the CCPA.
You can also designate an authorized agent to make a request on your behalf.
Prior to responding to your request, we will verify your identity by matching
any requested identifying information you provide against the information we
have about you. We will not subject you to discriminatory treatment as a result
of your choice to exercise your privacy rights.
Wayfair will never discriminate against you for exercising any of these rights,
but you may lose access to certain functionality or the ability to interact with
certain programs or offers due to changes in the personal information Wayfair
has access to after complying with your privacy request(s).
If you have any questions on your rights as a California resident, please
contact us here or via email at DataProtectionOfficer@wayfair.com. Back to Top


INFORMATION FOR VISITORS FROM OUTSIDE OF THE UNITED STATES

The Service is hosted in the United States. If you are visiting the Service from
outside the United States, your information may be transferred to, stored and
processed in the United States in accordance with this Privacy Policy and
applicable US laws. Please note that data protection and other applicable laws
of the United States may not be as comprehensive as those laws or regulations in
your country or may otherwise differ from the data protection or consumer
protection laws in your country. By using the Service, you consent to the
transfer of your information to our facilities as described in this Privacy
Policy. Back to Top


CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time to reflect new ways that we
process your information. When we post modifications to this Privacy Policy, we
will revise the "Last Updated" date at the top of this page. The modified
Privacy Policy will be effective immediately upon posting on the Service. If we
make significant changes that affect your information, we will provide you
notice of such changes through the Site, the App, by email, or some other means
of contact. We encourage you to periodically review this page for the latest
information on our privacy practices. Back to Top


HOW TO CONTACT US

We always want to hear from our customers - especially with questions, comments
or concerns about our privacy practices. Please don't hesitate to contact us
here or in writing at:
Wayfair LLC
Attention: Legal Department
4 Copley Place
Boston, MA 02116

Back to Top




TERMS OF USE

Last Updated: August 10, 2022
Welcome to Wayfair!
Wayfair LLC and its subsidiaries and affiliates, including Wayfair Illinois LLC
("Wayfair", "we", "us" or "our"), provide website features and other products
and services to you when you visit or shop our family of websites (including
mobile websites) and our mobile applications, or use our software in connection
with any of the foregoing, in each case subject to your compliance with these
Terms of Use. Our family of websites and applications includes Wayfair.com and
the Wayfair mobile application, as well as our other U.S. websites and mobile
applications, including AllModern, Birch Lane, Joss & Main and Perigold
(collectively, the "Sites").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of
Use constitute an agreement between Wayfair and you. We recommend that you print
out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree
to and comply with these Terms of Use. If you do not agree to these Terms of Use
or if you are not legally competent to agree to them, then you may not use the
Sites.
Please note that these Terms of Use contain provisions that govern the
resolution of claims between Wayfair and you, including an arbitration
agreement, class action waiver, and jury trial waiver that affect your rights.
In arbitration, there is no judge or jury and there is less discovery and
appellate review than in court. Please see the Legal Disputes section for
complete details and review carefully.


PRIVACY & SECURITY

Please review our Privacy Policy, which is incorporated into these Terms of Use
and also governs your use of the Sites. To the extent there is a conflict
between the terms of the Privacy Policy and these Terms of Use, the Terms of Use
govern.
Information security is important to Wayfair. We have established appropriate
physical, electronic and managerial safeguards to protect the information that
we collect from or about our users. Wayfair does, however, reserve the right at
all times to disclose any information as Wayfair deems necessary to satisfy any
applicable law, regulation, legal process or governmental request.
Please click here for more information. Back to Top


CHANGES

Wayfair reserves the right, at any time, to change these Terms of Use, our
Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively
to claims for which you or Wayfair have given notice. Your use of the Sites
following any such change constitutes your agreement to follow and be bound by
the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use
and/or Privacy Policy supersede all previous versions, notices or statements
regarding the Sites. If we request, you agree to sign a non-electronic version
of these Terms of Use.
We will notify you of any change to these Terms of Use by any reasonable means,
such as by updating the "Last Updated" date at the top of these Terms of Use.
Back to Top


INTELLECTUAL PROPERTY RIGHTS

The Sites contain valuable trademarks and service marks owned and used by
Wayfair, including but not limited to, Wayfair, the Wayfair design logo, Joss &
Main, AllModern, Birch Lane, Perigold, and the tag line "a zillion things home"
(collectively, the "Wayfair Marks"). Any use of the Wayfair Marks without the
prior written permission of Wayfair is strictly prohibited. The arrangement and
layout of the Sites, including but not limited to, the Wayfair Marks, images,
text, graphics, buttons, screenshots, music, digitally downloadable files, and
other content or material (collectively, the "Site Content"), are the sole and
exclusive property of Wayfair.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING
ALL OR ANY PART OF THE SITES IS PROHIBITED.
Wayfair uses a network of independent product and content suppliers,
distributors and other such third parties to supply some of the products and
content advertised on the Sites. All other trademarks, service marks, product
names, package designs and company names or logos associated with these product
and content suppliers, distributors and other such third parties that are not
owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy. Back to
Top


USER-GENERATED CONTENT

From time to time, the Sites permit the submission of content, such as comments,
blogs and product reviews, generated by you and other users ("User Content").
You are solely responsible for your own User Content and the consequences of
posting or publishing it. Any User Content or other material, information or
ideas that you submit to or post or publish on the Sites is non-confidential and
non-proprietary.
By submitting User Content, you represent and warrant to Wayfair that: (i) your
User Content does not violate any copyright, trademark, trade secret, patent or
other intellectual property right, any right of privacy or publicity of any
third party or any applicable law, rule or regulation, (ii) you own or have the
legal right to use and authorize Wayfair to use your User Content, including
written consent to use of any product or the name, voice, likeness or any other
applicable personal rights of each identifiable person featured or referenced in
your User Content and (iii) your User Content does not violate Wayfair's
Acceptable Use Policy set forth below.
As between you and Wayfair, you will retain all of your ownership rights in and
to your User Content. By submitting User Content to Wayfair, you hereby grant to
Wayfair a perpetual, worldwide, non-exclusive, irrevocable, royalty-free,
sublicensable (through multiple tiers) and transferable right and license to
use, reproduce, distribute, edit, modify, translate, reformat, prepare
derivative works based upon, display publicly, perform publicly and otherwise
exploit (including but not limited to over the Internet, broadcast television or
any other uses or media) your User Content, in whole or in part, including
future rights that Wayfair (or its successor) may otherwise become entitled to
that do not yet exist, as well as new uses, media, means and forms of
exploitation throughout the universe exploiting current or future technology yet
to be developed. You also hereby grant each user of the Sites a non-exclusive
license to access your User Content through the Sites and to use, access, watch,
reproduce, distribute, transmit, forward, display and perform such User Content
in whole or in part, to the extent permitted by the Sites under these Terms of
Use.
Wayfair does not endorse any User Content or any opinion, recommendation, or
advice expressed therein. Wayfair reserves the right but is not obligated to
monitor User Content or other content sent to or through the Sites. Wayfair has
the right to refuse, remove, edit or delete any User Content and/or to terminate
any user's access to the Sites for any reason. Wayfair takes no responsibility
for User Content. Back to Top


SOCIAL MEDIA TAG USAGE

BY USING #WAYFAIRATHOME, @WAYFAIR AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY
WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE WAYFAIR WITH AN
UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE,
WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING
MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH
USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO,
COPYRIGHTS AND TRADEMARK RIGHTS. Back to Top


ACCEPTABLE USE POLICY

By submitting User Content and otherwise using the Sites, you agree not to: (i)
submit any User Content that is protected by or otherwise subject to any third
party intellectual property or proprietary rights (including any privacy and
publicity rights) unless you own or have permission from the rightful owner of
such rights to post such User Content and to grant Wayfair all of the rights
granted herein; (ii) upload, post, e-mail or otherwise transmit any content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, hateful or racially, ethnically or otherwise
objectionable; (iii) use the Sites to harm any person or entity, including
Wayfair; (iv) impersonate any person or entity, including but not limited to, a
representative of Wayfair, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (v) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted to or
through the Sites; (vi) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, junk mail or any
other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any
content that contains computer viruses or other computer code, files or programs
that interrupt, destroy or limit the functionality of the Sites or any other
computer software or hardware or telecommunications equipment; (viii)
intentionally or unintentionally violate any applicable local, state, national
or international laws, rules or regulations, including but not limited to those
promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange
Commission; (ix) collect, store or use personal information about other users of
the Sites without their consent; (x) use the Sites (including through submission
of User Content) to disparage or make unsubstantiated claims about any person,
third party or its/their products or services; (y) use any of the Sites in any
manner that could overburden or impair any of the Sites or the networks or
systems connected to the Sites; and/or (z) use any device, software or
instrumentality to interfere with the proper working of the Sites or disobey any
requirements, procedures, policies or regulations of networks connected to the
Sites.
You also agree that you will not violate or attempt to violate the security of
the Sites. Violations of system or network security may result in civil or
criminal liability. Wayfair reserves the right to investigate occurrences which
may involve such violations and may involve and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations. Back
to Top


PRODUCT ORDERS

The receipt of an order number or an email order confirmation does not
constitute the acceptance of an order or a confirmation of an offer to sell.
Wayfair reserves the right, without prior notification, to limit the order
quantity on any item and/or to refuse service to any customer. Verification of
information may be required prior to the acceptance of an order. Your email
order confirmation and invoice will identify the seller of record for your
order. For example, certain orders for shipment to destinations within the State
of Illinois are sold by Wayfair Illinois LLC, as indicated by your email order
confirmation and invoice. Prices and availability of products on the Sites are
subject to change without notice. Errors will be corrected when discovered and
Wayfair reserves the right to revoke any stated offer and to correct any error,
inaccuracy, or omission (including after an order has been submitted). Certain
orders constitute improper use of the Sites and the Wayfair Rewards Program
described below. Wayfair reserves the right, at its sole discretion, to refuse
or cancel any order for any reason. Your account may also be restricted or
terminated for any reason, at Wayfair's sole discretion. Items purchased
pursuant to a quantity discount may be re-priced upon cancellation. Back to Top


ABOUT OUR PRICES

Where a product listing on our Site references a higher price, typically denoted
by a strikethrough (e.g. "$549"), such higher price represents the retail price
suggested by the manufacturer or supplier. In the absence of a price suggested
by the manufacturer or supplier, this price represents the highest price at
which we offered or sold the product at some point in the past. For “Flash
Deals”, where a product is temporarily being sold at a reduced price, an
additional strikethrough price is presented that represents a recent previous
price before the Flash Deal promotion. For members of the MyWay Program, if such
higher price is accompanied by the MyWay logo, such price represents the offer
price before applying MyWay Program benefits. The "Sale" tag on a product
listing on our Site signifies that we are selling the product at a discount from
a price in the previous 90 days. The Wayfair's Choice badge represents a
shortlist of highly-rated, well-priced products we know customers love.
When we use the term “Closeout,” we mean either that the product has been
permanently reduced and will not return to the original price or that the
product is temporarily being sold at a reduced price in order to clear an
overstock of either Wayfair or supplier inventory. Prices of products listed on
our Site as “Closeout” may fluctuate during the “Closeout” promotion period for
such products. For temporary “Closeout” pricing, such products may return to
prices that are equal to or greater than their original prices upon expiration
of the applicable “Closeout” promotion period.
We do not price match. Promotional codes can only be applied during purchase.
Customer Service will be unable to honor any promotional code adjustments
post-order. Back to Top


WAYFAIR REWARDS PROGRAM

The Wayfair Rewards Program (the "Rewards Program") is exclusively for users of
the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Participating Sites in accordance with these Terms of
Use. Please click here for complete Rewards Program details, as may be in effect
from time to time and which are incorporated herein by reference. Back to Top


LINKS TO OTHER WEBSITES

The Sites may contain links to third-party websites ("Other Sites") that are not
under Wayfair's control. Wayfair makes no claim and accepts no responsibility
regarding the quality, nature or reliability of the Other Sites that are
accessible by hyperlinks from the Sites or link to the Sites. Wayfair provides
these links to you as a convenience and the inclusion of any link does not imply
endorsement by Wayfair of Other Sites or any association with the operators of
such Other Sites. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at any third-party sites. Back to Top


MOBILE DEVICES, SMS, AND MOBILE APPLICATIONS

If you use a mobile device to access pages of the Sites optimized for
mobile-viewing, opt in to receive SMS (text messages) from Wayfair (as/when
available), or use a mobile application, the following additional terms and
conditions ("Mobile Terms") also apply to you. Your access to the Sites via your
mobile device or use of a mobile application confirms your agreement to these
Mobile Terms, as well as the rest of the Terms of Use.
By opting in, you agree to receive promotional SMS text messages on your mobile
device, message frequency varies. Our SMS text messaging programs may include
promotional messages (84047), shopping cart reminders (84047), order updates
(76069), and authentication texts (76069). Your consent is not required as a
condition of purchasing any goods or services from Wayfair. You can opt out at
any time and for any reason by following provided instructions or by texting
"STOP" to the number associated with the SMS message. You will receive one
further message confirming you are unsubscribed. After this, you will no longer
receive SMS messages from Wayfair. If you wish to join again, you can opt in at
any time. If you have any questions or require further assistance, you may
respond "HELP" to the number associated with the SMS message. For more
information, please contact us by emailing service@wayfair.com (please reference
"Questions about SMS").
By agreeing to receive SMS messages from Wayfair, you certify that you are over
18 years of age and (a) you are the mobile account holder or (b) you have the
account holder's permission to enroll the designated mobile phone number and
understand that message and data rates may apply. You agree that you are solely
responsible for all message and data charges that apply to use of your mobile
device to access the Sites or use of a mobile application. All such charges are
billed by and payable to your mobile service provider. Please contact your
participating mobile service provider for pricing plans, participation status
and details. Carriers are not liable for delivered or undelivered content. You
understand that wireless through Wi-Fi or a participating mobile service
provider may not be available in all areas at all times and may be affected by
product, software, coverage or other service changes made by your mobile service
provider or otherwise. Additional terms and conditions may apply to your use of
a mobile application, based on the type of mobile device on which you install
and use the mobile application. Back to Top


NOTICE TO CALIFORNIA RESIDENTS

California Proposition 65 requires that special warnings be provided when
products contain chemicals known by the State of California to cause cancer,
birth defects, or other reproductive harm if the use of those products may cause
exposure to those chemicals above specific limits. These warnings relate to some
but not all tools, lead crystal glassware, ceramic tableware, tiffany style
lamps, and electrical cords. Please call us prior to ordering if you have any
questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Wayfair provides users of the
Sites with the following notice: You may report complaints to the Consumer
Information Division of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone
at 800-952-5210. Back to Top


COMMUNICATIONS WITH WAYFAIR

For all communications made to or with Wayfair, including but not limited to
feedback, questions, comments, suggestions and the like: (i) you will have no
right to confidentiality in your communications and Wayfair will have no
obligation to protect your communications from disclosure; (ii) Wayfair will be
free to reproduce, use, disclose and distribute your communications to others
without limitation; and (iii) Wayfair will be free to use any ideas, concepts,
know-how, content or techniques contained in your communications for any purpose
whatsoever, including, but not limited to, the development, production and
marketing of products and services that incorporate such information. Back to
Top


INDEMNITY

You agree to indemnify and hold Wayfair and its agents and licensors harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of (i) your use of the Sites, including any
User Content you submit, post to or transmit through the Sites, (ii) your
violation of these Terms of Use or (iii) your violation of any rights of another
user. Back to Top


DISCLAIMER OF WARRANTIES

Wayfair intends for the information and data contained in the Sites to be
accurate and reliable but since the information and data have been compiled from
a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You
expressly agree that your use of the Sites and any information contained therein
is at your sole risk. Accordingly, to the extent permitted by applicable law,
WAYFAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not
allow the disclaimer of warranties or conditions so such disclaimers may not
apply to you. Back to Top


LIMITATION ON LIABILITY

IN NO EVENT WILL WAYFAIR OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING
INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO
PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE
SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER
BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WAYFAIR HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to
all content, merchandise and services available through the Sites or other
channels. Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions
liability is limited to the fullest extent permitted by law. Regardless of the
previous paragraphs, if Wayfair is found to be liable, our liability to you or
to any third party is limited to the greater of (a) the amount in dispute not to
exceed the total amount which you paid to us in the twelve (12) months prior to
the action giving rise to the liability or (b) USD $100.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO
WAYFAIR, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR
OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED. Back to Top


LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE
PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY
AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE
ACTION. Other rights that you would have if you went to court, such as access to
discovery or appeals, also might be unavailable or limited in arbitration.


AGREEMENT TO BINDING ARBITRATION; CLASS ACTION WAIVER

Any dispute, claim or controversy (that is not resolved informally as set forth
below) between you and Wayfair, its agents, employees, officers, directors,
principals, successors, assigns, subsidiaries or affiliates (collectively for
purposes of this section, 'Wayfair') arising from or relating in any way to: (1)
these Terms of Use and their interpretation or the breach, termination or
validity thereof, and the relationships which result from these Terms of Use;
(2) your use of any website owned or operated by Wayfair and its affiliated
brands; or (3) any products or services sold or distributed by Wayfair and its
affiliated brands or through any website owned or operated by Wayfair and its
affiliated brands (collectively, “Covered Disputes”) will be resolved by binding
arbitration, rather than in court. Covered Disputes shall be interpreted
broadly.


MANDATORY INFORMAL DISPUTE RESOLUTION

Wayfair values its customers and seeks to resolve disputes informally where
possible. Before formally pursuing a Covered Dispute in arbitration, you agree
to first send a detailed notice (“Notice”) to Wayfair by email at
legal@wayfair.com. If Wayfair has a dispute with you, Wayfair agrees to first
send a detailed Notice to your e-mail address on file with us. Your Notice must
contain all of the following information: (1) your full name; (2) your address,
telephone number, and email address; (3) information sufficient for Wayfair to
identify any transaction at issue (e.g., your order number, order confirmation
communication, etc.); and (4) a detailed description of your dispute, the nature
and basis of your claim(s), and the nature and basis of the relief you are
seeking with a calculation for it. You must personally sign this Notice.
Wayfair’s Notice will likewise set forth (1) information sufficient for you to
identify any transaction at issue and (2) a detailed description of our dispute,
the nature and basis of our claim(s), and the nature and basis of the relief we
are seeking with a calculation for it. You and Wayfair agree to negotiate in
good faith about the dispute in an effort to swiftly resolve it to your
satisfaction without the need for a formal proceeding. Should Wayfair request a
telephone conference with you in an effort to resolve your dispute as part of
this informal process, you agree to personally participate (with your counsel if
you are represented). This process should result in resolution of the dispute,
but if for some reason it is not resolved within 60 days after receipt of a
fully completed Notice and the parties have not agreed to extend this time
period, you or Wayfair may initiate an arbitration. Compliance with and
completion of this mandatory informal dispute resolution process is a condition
precedent to filing any demand for arbitration. The statute of limitations and
any filing fee deadlines shall be tolled while the parties engage in this
process. Unless prohibited by applicable law, the arbitration administrator
shall not accept or administer any demand for arbitration unless the claimant
has certified in writing that they have fully complied with this process. This
certification shall be personally signed by you or Wayfair. A court shall have
the authority to enjoin the filing or prosecution of arbitrations without first
providing a fully completed Notice and participating in good faith in this
informal dispute resolution process.


INITIATING ARBITRATION AND ARBITRATION RULES

Any arbitration between you and Wayfair shall be administered by National
Arbitration and Mediation (“NAM”) in accordance with NAM’s operative
Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in
effect at the time any demand for arbitration is filed with NAM, as modified by
this Legal Disputes Section. For a copy of the NAM Rules, please visit
https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s
National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY
11530 and email address commercial@namadr.com. If NAM is unavailable or
unwilling to administer the proceeding under the Legal Disputes Section as
written, the parties agree that the arbitration shall be administered by the
American Arbitration Association (“AAA”) pursuant to the AAA Consumer
Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA
Rules") in effect at the time any demand for arbitration is filed with AAA, as
modified by this Legal Disputes Section. If the AAA is unavailable or unwilling
to apply this Legal Disputes Section as written, the parties shall mutually
agree on an alternative administrator that will administer the proceeding under
the Legal Disputes Section as written. If the parties are unable to agree, they
will petition a court of competent jurisdiction to appoint an arbitration
administrator that will do so. Any arbitration will be held before a single
neutral arbitrator.
To begin an arbitration proceeding, you must send the demand for arbitration or
arbitration notice form made available from the arbitration administrator and
supplement that form with a detailed description of your claim, including with
the information required for your Notice and the accompanying signed
certification of compliance with the informal process referenced above
(collectively referred to as “demand for arbitration”), to NAM (or to AAA if it
is the administrator as set forth above). You must personally sign your demand
for arbitration. You agree to also send Wayfair a copy of your demand for
arbitration at legal@wayfair.com.. If Wayfair initiates arbitration, we will
send a copy of our demand for arbitration to your email address on file with us.
You may choose to have the arbitration conducted by telephone, virtually, based
on written submissions, or in person in the county where you live or at another
location reasonably convenient for you, or at a mutually agreed-upon location.
Wayfair reserves the right to request an in-person or videoconference hearing at
any point within 14 days after its deadline to file any answer. After that time,
Wayfair retains the right to request an in-person or virtual hearing from the
arbitrator, which the arbitrator may elect to require along with your
participation (with your counsel if you are represented). Should a hearing take
place in person, it shall take place consistent with the geographic parameters
set forth above.


ARBITRATION FEES

Payment of all filing, administration and arbitrator fees will be governed by
the NAM Rules (or the AAA Rules should AAA be the designated administrator as
set forth above). Upon a showing of financial hardship, Wayfair will consider
your request to promptly reimburse your portion of the arbitration fees provided
for in the NAM (or AAA) Rules.


ARBITRATION AUTHORITY

The arbitrator has the sole authority to and shall address all claims or
arguments by both parties concerning the formation, legality, and enforceability
of this arbitration clause, the scope of this clause, and the arbitrability of
any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration
award is limited. However, an arbitrator can award on an individual basis the
same damages and relief as a court (including injunctive and declaratory relief
or statutory damages) only in favor of the individual party seeking relief and
only to the extent necessary to provide relief warranted by that party’s
individual claim. The arbitrator may not award relief for or against anyone who
is not a party to the proceeding. The arbitrator is bound by and must follow the
terms of these Terms of Use as a court would. Regardless of the manner in which
the arbitration is conducted, the arbitrator shall issue a reasoned written
decision sufficient to address the essential findings and conclusions of law on
which the award is based. The arbitration award shall be binding only between
you and Wayfair and shall have no preclusive effect in any other arbitration or
proceeding involving a different party, provided that the arbitrator may
consider rulings in other arbitrations involving different individuals. The
arbitrator may award fees and costs as provided by the NAM Rules (or the AAA
Rules if AAA is the designated administrator as set forth above) or to the
extent such fees and costs could be awarded in court or if the arbitrator
determines that a claim, proceeding, or defense was frivolous or brought for
harassment, for an improper purpose, or in bad faith. The arbitrator shall apply
the provisions of Federal Rule of Civil Procedure 68 after entry of the award.


SOLE EXCEPTIONS TO ARBITRATION

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Wayfair
may elect to have an individual claim heard in small claims court consistent
with any applicable jurisdictional and monetary limits that may apply, provided
that it is brought and maintained as an individual claim and is not appealed or
removed to any court of general jurisdiction; and (2) you agree that you or
Wayfair may bring suit in court to enjoin infringement or other misuse of
intellectual property rights.


JURY TRIAL AND CLASS ACTION WAIVER

Except as the Terms of Use otherwise provide and to the fullest extent permitted
by law, you and Wayfair acknowledge and agree that you are each waiving the
right to a trial by jury and to the litigation of disputes in state or federal
courts of general jurisdiction. The parties further agree that any arbitration
shall be conducted in their individual capacities only and not as a class
action/class arbitration or other representative action, and the parties
expressly waive their right to file a class action or seek relief on a class
basis. You and Wayfair may not be plaintiffs or class members in any purported
class, collective, private attorney general, or representative proceeding, or
otherwise make or proceed with any claim on a collective or consolidated basis,
and may each bring claims against the other only in your or its individual
capacity. As referenced above, the arbitrator may award declaratory or
injunctive relief only on an individual basis and only to the extent necessary
to provide relief warranted by the individual claim. If a court determines that
this class action waiver is not enforceable as to a particular claim or request
for relief and all appeals from that decision have been exhausted (or the
decision is otherwise final), then the parties agree that that particular claim
or request for relief shall proceed in court but shall be stayed pending
arbitration of the remaining claims.


SPECIAL ADDITIONAL PROCEDURES FOR MASS ARBITRATION

If 25 or more individuals seek to initiate arbitrations with Wayfair raising
similar claims, and counsel for the individuals bringing the claims are the same
or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and
Wayfair agree that these additional procedures shall apply, along with the
applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as
set forth above). You understand and agree that if you choose to initiate your
claim as part of Mass Claims, the adjudication of your claim might be delayed.
Counsel for the individuals and counsel for Wayfair shall each select 15 cases
(per side) to be filed in and proceed in arbitration in bellwether proceedings
to be resolved individually. Each case shall be assigned to a separate and
different arbitrator. In the meantime, no other cases may be filed or deemed
filed in arbitration, and the arbitration administrator shall not accept or
administer arbitrations commenced in violation of these procedures. If the
parties are unable to resolve the remaining cases after the conclusion of the
first stage of bellwether proceedings, each side may select another 15 cases
(per side) to be filed in and proceed in arbitration in a second set of
bellwether proceedings to be resolved individually. Each case shall be assigned
to a separate and different arbitrator. This process shall continue consistent
with this staged process of administering and moving forward a maximum of 30
individual arbitration proceedings at a time until the parties are able to
resolve all of the Mass Claims, either through settlement or arbitration. If
these additional mass arbitration procedures apply to your claim, any applicable
statute of limitations shall be tolled from the time the first cases are
selected for a bellwether proceeding until your claim is selected for a
bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the
authority to enforce these mass arbitration procedures and, if necessary, to
enjoin the filing or prosecution of arbitrations.


GOVERNING LAW

You and Wayfair agree that any claim between us involves commerce under, and is
governed exclusively by, the Federal Arbitration Act ("FAA") and federal law,
and not by any state or local laws, or the laws of other countries, concerning
or purporting to place limits on the availability or scope of arbitration or in
any way imposing requirements beyond or inconsistent with those set forth in the
FAA. Where otherwise applicable, the laws of the Commonwealth of Massachusetts
apply. Should any action proceed in court (other than in small claims court),
you consent to the exclusive jurisdiction of the federal and state courts of the
Commonwealth of Massachusetts.


OTHER

To the extent that any other provision of the Terms of Use is found to be
inconsistent with rights, duties, and requirements of this arbitration
agreement, or where the application of such a provision would change or render
unenforceable any part of this arbitration agreement, such provision shall be
null and void and the terms of this arbitration agreement shall control. Back to
Top


TERMINATION

Your ability to access and use the Sites remains in effect until terminated in
accordance with these Terms of Use. You agree that Wayfair, in its sole
discretion, may terminate your account and your use of the Sites and may remove
and delete your User Content if Wayfair believes that you have violated or acted
inconsistently with these Terms of Use or for any other reason. Wayfair also may
in its sole discretion and at any time discontinue providing the Sites, or any
part thereof, with or without notice. You agree that any termination of your
access to the Sites may be effected without prior notice and you acknowledge and
agree that Wayfair may bar any further access to the Sites. Further, you agree
that Wayfair will not be liable to you or any third-party for any termination of
access to the Sites.
For instructions for deleting your account, please see the "Registering for the
Service" section of our Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content,
Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of
Liability, Legal Dispute sections, together with and any other rights and
obligations which by their nature are reasonably intended to survive such
termination, will survive any termination of these Terms of Use. Back to Top


RIGHT TO ACCESS

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm
that you are over age 13. If you are under age 13, you may not access or use the
Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S
REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN
RESPECT OF SUCH TEENAGER'S USE OF THE SITES. Back to Top


OUTAGES

Wayfair periodically schedules system downtime for the Sites for maintenance and
other purposes. Unplanned system outages also may occur. You agree that Wayfair
has no responsibility and is not liable for: (a) the unavailability of any of
the Sites; (b) any loss of data, information or materials caused by such system
outages; (c) the resultant delay, mis-delivery or non-delivery of data,
information or materials caused by such system outages; or (d) any outages
caused by any third parties, including without limitation any companies or
servers hosting any of the Sites, any Internet service providers or otherwise.
Back to Top


JURISDICTIONAL ISSUES

The Sites are operated by Wayfair from its offices in Boston, Massachusetts,
USA. The Sites are intended for users who reside in the United States of
America. Wayfair makes no representations or warranties that the Sites or any
materials contained in them are valid, appropriate or available for use outside
of the United States. If you access and use the Sites outside the United States,
you do so at your own risk and are responsible for compliance with applicable
local laws. Wayfair reserves the right to limit the availability of the Sites
and/or the provision of any service, program or other product described thereon
to any person, geographic area or jurisdiction, at any time and in our sole
discretion. Any software on the Sites is subject to United States export
controls and may not be downloaded or otherwise exported or re-exported: (a)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria or any other country to which the United States has embargoed goods or
which is subject to other applicable U.S. trade sanctions; or (b) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using any
software from the Sites, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any
such list. Back to Top


GENERAL INFORMATION

No waiver of any provision or any breach of this Agreement will constitute a
waiver of any other provisions or any other or further breach. In the event that
any provision of this Agreement is determined to be illegal or unenforceable,
the balance of the Agreement shall continue to be fully valid, binding, and
enforceable. These Terms of Use set forth the entire Agreement between you and
Wayfair with respect to use of the Sites and supersede any prior agreements
between you and Wayfair relating to such subject matter. The Terms are not
assignable, transferable or sublicensable by you except with Wayfair's prior
written consent. No waiver by either party of any breach or default hereunder
will be deemed to be a waiver of any preceding or subsequent breach or default.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms of Use.
Any heading, caption or section title contained herein is inserted only as a
matter of convenience and in no way defines or explains any section or provision
hereof. Wayfair's performance of these Terms of Use is subject to existing laws
and legal process, and nothing contained in these Terms of Use is in derogation
of Wayfair's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Sites or information
provided to or gathered by Wayfair with respect to such use. A printed version
of these Terms of Use and of any notices given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to
these Terms of Use to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form. The parties agree that all correspondence relating to these Terms
of Use must be written in the English language. Back to Top


VIOLATIONS

Please report any violations of these Terms of Use to the system administrator
here. Back to Top


QUESTIONS?

If you have questions, comments or complaints about these Terms or the Sites,
please contact us here (please reference "Questions about the Sites").

Back to Top




WAYFAIR’S COPYRIGHT POLICY

Last Updated: May 17, 2018
This Copyright Policy describes Wayfair's policy of prohibiting any information
or materials that violate another party's intellectual property rights from
appearing on www.Wayfair.com, www.AllModern.com, www.JossandMain.com,
www.BirchLane.com, www.Perigold.com and their related domains (collectively, the
"Site").
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
a copyright owner who believes that material appearing on the Internet infringes
his, her or its rights under U.S. copyright law. Wayfair complies with the DMCA
by responding to notices and counter-notices that meet the then-current DMCA
requirements. Please visit http://www.copyright.gov/ for details about current
DMCA requirements.


NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you believe in good faith that material appearing on the Site infringes your
copyright, you (or your agent) may send Wayfair a written notification pursuant
to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright
Agent (identified below), contain all of the information listed below (and as
further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be
removed or that access to it be blocked. Your DMCA Notice must contain:
 1. Identification in sufficient detail of the copyrighted work that you claim
    has been infringed. If multiple copyrighted works on the Site are covered by
    a single notification, you may provide a representative list of such works
    on the Site; however, the representative list must still contain sufficient
    detail of the copyrighted works so that we can identify them;
 2. Identification of the URL or other specific location on the Site that
    contains the material that you claim to be infringing your copyright. You
    must provide us with reasonably sufficient information to enable us to
    locate the alleged infringing material and comply with your request to
    remove or deny access to the material;
 3. Your name, address, telephone number and email address (if available);
 4. The electronic or physical signature of the owner of the copyright or a
    person authorized to act on the copyright owner's behalf;
 5. A statement that you have a good faith belief that use of the material on
    the Site as you have described in the DMCA Notice is not authorized by the
    copyright owner or its agent or the law; and
 6. A statement that you swear under penalty of perjury that the information
    contained in your notification is accurate and that you are the copyright
    owner or that you are authorized to act on behalf of the owner of an
    exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to
Wayfair's Copyright Agent by mail or email as set forth below:
Wayfair Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair DMCA Notice")
If you fail to comply with all of the above requirements, your DMCA Notice will
not be valid. Please note that you may be liable for damages, including court
costs and attorneys' fees, if you materially misrepresent that materials on the
Site are infringing a copyright. Back to Top


COUNTER NOTIFICATION

If you believe in good faith that your own copyrighted material has been removed
from the Site as a result of mistake or misidentification, you may submit a
written counter notification letter to Wayfair's Copyright Agent pursuant to
Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification
under the DMCA, your written correspondence must include substantially the
following:
 1. Identification of the material that has been removed or disabled and the
    location at which the material appeared before it was removed or disabled;
 2. A statement that you consent to the jurisdiction of the Federal District
    Court in which your address is located or in Boston, Massachusetts if your
    address is outside the United States;
 3. A statement that you will accept service of process from the party that
    filed the notification of alleged copyright infringement or the party's
    agent;
 4. Your name, address and telephone number;
 5. A statement that you swear under penalty of perjury that you have a good
    faith belief that the material in question was removed or disabled as a
    result of mistake or misidentification of the material to be removed or
    disabled, or that the material identified by the complaining party has been
    removed or disabled at the URL or web location and will no longer be shown
    or accessible; and
 6. Your physical or electronic signature.

You may submit your counter notification to Wayfair's Copyright Agent by mail or
email as set forth below:
Wayfair Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair DMCA Notice")
Upon receipt of a counter notice, Wayfair's Copyright Agent may send a copy of
it to the original complaining party informing that party that Wayfair may
replace the removed content or cease disabling it. Unless the copyright owner
files an action seeking a court order against Wayfair, the removed content may
be replaced or access to it restored by Wayfair.
You acknowledge that if you fail to comply with all of the above requirements,
your DMCA counter notification will not be valid. Please note that if you
materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and
attorneys' fees.

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WAYFAIR PROFESSIONAL PROGRAM TERMS

Last Updated: August 22, 2018
The Wayfair Professional Program (the "Wayfair Professional Program") is
exclusively for users of the Sites who have enrolled in the Wayfair Professional
Program in accordance with the terms hereof (“Program Members”). The Wayfair
Professional Program is designed to provide Program Members with additional
benefits and exclusive services.
The terms and conditions applicable to the Wayfair Professional Program (the
“Wayfair Professional Program Terms”) are as set forth herein. Wayfair reserves
the right, at any time and in its sole discretion, to change the Wayfair
Professional Program Terms. When we post material modifications to the Wayfair
Professional Program Terms, we will revise the “Last Updated” date at the top of
this section. Your use of the Wayfair Professional Program after the posting of
any update to the Wayfair Professional Program Terms constitutes your agreement
to be bound by such Wayfair Professional Program Terms, as revised. We encourage
you to periodically review this section for the latest Wayfair Professional
Program Terms. If you object to any update to the Wayfair Professional Program
Terms, your sole recourse is to stop using the Wayfair Professional Program. Use
of the Sites in connection with the Wayfair Professional Program is subject to
Wayfair’s Terms of Use, including, for example, the provisions applicable to
User-Generated Content.
Users of the Sites may enroll in the Wayfair Professional Program here. The
Program Member shall be the business entity itself, and each User who enrolls a
business entity in the Wayfair Professional Program must be authorized to do so
on behalf of such entity. Program Members may have multiple authorized user
accounts. Each Program Member acknowledges and agrees that each authorized user
account shall have access to all information related to such Program Member’s
account and that Wayfair shall have no liability in connection therewith.
Program Members can make account changes by calling (844) 403-5086. Wayfair, in
its sole discretion, may cancel a Program Member’s account at any time, with
immediate effect and without notice, for any reason (including, without
limitation, if Wayfair believes such Program Member has violated these Wayfair
Professional Program Terms or Wayfair’s Terms of Use). The services and benefits
provided through the Wayfair Professional Program are the sole property of
Wayfair and are not the property of any Program Member. Upon any cancellation or
termination of any Program Member’s account, all services and benefits will be
forfeited, and the applicable Program Member will no longer be able to
participate in the Wayfair Professional Program unless, in the case of a
voluntary account cancellation by a Program Member, such Program Member
subsequently re-enrolls in the Wayfair Professional Program. Wayfair may
terminate the Wayfair Professional Program at any time and for any reason.

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HOME SERVICES

Last Updated: April 9, 2020
Assembly, installation, and professional services you purchase through the Sites
are referred to herein as "Home Services" Home Services are provided by
independent third-party service providers ("Pros"). The Pros are independent
contractors and not employees of Wayfair. Wayfair does not provide the Home
Services itself. Wayfair sometimes arranges for the provision of Home Services
with Pros directly, and sometimes through other parties that contract with Pros
("Partners"), such as Handy and Go Configure. Wayfair may refer customer service
requests regarding Home Services to the Partners. Wayfair makes no guarantee
that it will be able to match you with a Pro. Scheduled Home Services dates and
times are subject to change. Home Services will be performed in a good and
workmanlike manner.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WAYFAIR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR
THE PROS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND
"AS AVAILABLE" BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE, YOU AGREE THAT WAYFAIR SHALL HAVE NO LIABILITY IN CONNECTION WITH THE
HOME SERVICES, THAT WAYFAIR IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY
PRO, AND THAT WAYFAIR WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR
LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES.
Wayfair arranges for background checks on the Pros through third-party
background check providers, or obtains contractual guarantees from Partners that
Pros have been background checked. Regardless, you should exercise caution and
common sense when interacting with Pros to protect your personal safety and
property, just as you would when interacting with any person you do not know.
You are responsible for verifying the identity of the Pro upon arrival. You are
responsible for ensuring that the location where the Home Services are to be
performed is safe and secure and that the Pro has free and clear access to such
location.
You must be 18 years of age or older to purchase Home Services. You acknowledge
and agree that you are solely responsible for your decisions relating to the
Home Services. Either you or someone else 18 years of age or older authorized by
you must be present at all times during the performance of the Home Services.
You are responsible for inspecting the Home Services and signing any relevant
forms. If you are not present during performance, the adult present must be
authorized by you to inspect the Home Services and sign any required forms on
your behalf. You agree that products assembled, installed or otherwise worked on
or with by Pros (collectively, "Products") are for home use only and not for
commercial applications or use. You are responsible for designating the location
where Pros assemble, install, and otherwise work on or with the Products.
Wayfair, the Partners, and the Pros make no recommendation, representation, or
warranty regarding the use or location of the Products, including the surface on
which they are installed. You have not relied on any statement made by any of
the foregoing parties in determining the use or location of the Products. You
are responsible for obtaining any required approvals, permissions, permits, and
variances necessary related to the Home Services. You assume all risk, including
any risk of relocation or removal, arising from the use or location of the
Products. You will follow all instructions and warnings relating to the Products
and will ensure that all persons who use the Products do the same.
You shall indemnify, defend, and hold harmless Wayfair, the Partners, and the
Pros, and each of their owners, affiliates, parents, subsidiaries, successors,
assigns, officers, directors, agents, employees, attorneys, insurers, and
representatives (each an "Indemnified Party") from and against any and all
claims, demands, causes of action, proceedings, losses, injury, damages,
expenses, fines, penalties, and costs arising from or in connection with (i) the
use and/or location of the Products; and (ii) your breach or violation of this
Home Services Section. You hereby waive, release, covenant not to sue, and
forever discharge each Indemnified Party from any and all debts, demands,
actions, causes of action, suits, covenants, contracts, agreements, promises,
torts, damages, claims, demands, losses, and liabilities whatsoever of any name
and nature, both in law and in equity, which you now have, ever had, or may in
the future have against any Indemnified Party arising from or in connection with
(i) the use and/or location of the Products; and (ii) your breach or violation
of, or failure to abide by, this Home Services Section.

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WAYFAIR REWARDS PROGRAM TERMS

The Wayfair Rewards Program (the "Rewards Program") is exclusively for users of
the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Sites in accordance with the terms set forth below and
our Terms of Use. Please click here for the Program Terms for the Wayfair Card
Benefits Program (the "Program Terms"), as may be in effect from time to time
and which are incorporated herein by reference. Enrollment in the Rewards
Program is automatic with registration at any of the Sites.


PARTICIPATING SITES

 * Wayfair.com
 * AllModern.com
 * BirchLane.com
 * JossandMain.com
 * Perigold.com (currently participating in the Wayfair Card Benefits Program
   and Product Review Program, but not the Referral Program)


MEMBERSHIP BENEFITS

RewardsRewards Dollars EarnedMembers may earn specified "Rewards Dollars" from
 1. Wayfair Card Benefits Program
 2. Referral Program
 3. Product Review Program

Redemption PeriodThree months from the date on which Rewards-eligible purchase
is madeMembership FeeNone


WAYFAIR CARD BENEFITS PROGRAM

The Wayfair Card Benefits Program is designed to reward customers for making
purchases on their Wayfair Card. Refer to the Program Terms for eligibility
requirements for the Wayfair Card Benefits Program and for other applicable
terms. Terms used but not defined herein will have the meaning ascribed to such
terms in the Program Terms.
Eligible Wayfair Card cardholders have the ability to earn Points on Net New
Purchases made on the Wayfair Card that can be redeemed for Rewards Dollars
later. Certain products may be ineligible for earning points.
"Net New Purchases" means purchases of goods and/or services at the Sites made
by you or any Authorized User on your Account minus any returns, refunds,
discounts by using Rewards Dollars, credit adjustments, or promotions, rounded
to the nearest dollar. Points awarded for purchases that are returned or
refunded or otherwise adjusted will be deducted from your Point total. Such
deductions may result in a negative Points balance, in which case, any Points
you earn will be applied to reduce that balance and you will not be able to
redeem Points until you again have a positive balance. Points will not be
awarded for the Rewards Dollars you redeem.
Wayfair reserves the right to increase or decrease the amount of Points earned
on Net New Purchases at any time. We may from time to time make special offers
for you to earn additional Points on specific purchases. The terms and
conditions for such special offers (such as which purchases qualify and the
number of additional Points you may earn) will be disclosed at the time of
offer. Please check those terms and conditions carefully, as there may be
important conditions or limitations (such as blackout periods, point limitations
or exclusions). Availability of any special offer is subject to change without
notice. Please refer to Program Terms for more information on earning points,
and redeeming points for Rewards Dollars.
You are currently eligible to redeem $6 in Rewards Dollars at checkout for every
200 Points you have accumulated. Wayfair reserves the right to increase or
decrease the number of Points required to redeem Rewards Dollars. In addition,
these amounts may vary by customer or by promotion. Currently, a minimum of 200
or more Points will be required to redeem for Rewards Dollars at checkout. You
may redeem your points for the maximum amount of Rewards Dollars for which you
are eligible that are of equal or lesser value to the total cost of product and
shipping at the time of purchase. To redeem points, select “Redeem” under
"Wayfair Card Rewards" at checkout. The corresponding Rewards Dollars amount
will display in the Order Total. The redeemed points will be deducted from My
Wayfair Card Rewards on your "Account Balance" page in "My Account". Customers
can redeem points when making a purchase using any payment method, including a
Wayfair Card.


REFERRAL PROGRAM

Wayfair's Referral Program is designed to reward existing members ("Sponsors")
with Rewards Dollars for referring new members ("Recipients") to Wayfair.
Wayfair, AllModern, Birch Lane and Joss & Main are participating in this program
and Sponsors can use their Rewards Dollars across all brands. However,
Recipients can only apply their discount to the brand the Sponsor referred them
to. Referral credit amounts may differ by site. Sponsors can refer as many
friends as he or she would like, but will only receive Rewards Dollars for up to
10 successful referrals per month. If a Recipient's qualifying order is
cancelled, Rewards Dollars will be voided. Previous purchases are not eligible
for Rewards Dollars and Rewards Dollars cannot be applied retroactively.
Invitations must be sent to individual recipients. Any attempt to distribute in
bulk is grounds for immediate termination of the Sponsor's account and
deactivation of their personal referral link. Distribution of Rewards bonuses is
subject to moderation in cases of suspected fraud.


BUSINESS AND TRADE REFERRAL PROGRAM

Sponsors will only receive their Rewards Dollars after their Recipient has used
their unique promo code and their order has shipped. Sponsors will be notified
by email when their Rewards Dollars are available for use. Rewards Dollars
credited to Sponsors will only be valid for 90 days. If the Recipient does not
use the unique promo code within 30 days, it will expire and no longer be valid.
Previous purchases are not eligible for Rewards Dollars and Rewards Dollars
cannot be applied retroactively. Orders containing Gift Certificate purchases
are not eligible. Bulk distribution and distribution to strangers is prohibited.
Violation of this is grounds for immediate termination of the Sponsor's account
and deactivation of their personal referral link. Distribution of referral promo
codes and Rewards Dollars is subject to moderation in cases of suspected fraud.


PRODUCT REVIEWS PROGRAM

Wayfair's Product Review Program is designed to reward existing members for
writing product reviews on products purchased on Wayfair.com, AllModern.com,
BirchLane.com, JossandMain.com and Perigold.com. Members may be rewarded
specified Rewards Dollars or may be offered other benefits for such reviews.


REDEMPTION OF REWARDS DOLLARS

Wayfair will post all earned Rewards Dollars on your account within a reasonable
amount of time after the confirmed shipment of your qualifying purchase. Rewards
Dollars can be only redeemed and applied as a credit against a purchase from one
of our participating Sites. Rewards Dollars cannot be used to purchase gift
cards, gift certificates, or manufacturer-excluded brands. Rewards Dollars are
not redeemable for cash and cannot be returned for a cash refund, except to the
extent required by law. Rewards Dollars will be automatically applied to your
purchase at Checkout. If you do not wish to redeem Rewards Dollars at the time
of purchase, select "Remove" at Checkout. Rewards Dollars may be combined with
Wayfair promo codes, but not with any other Wayfair promotion, offer, or other
discount. No credits or refunds will be issued for any reason after Rewards
Dollars have been redeemed, including for unused Rewards Dollars, except as
described in "Returns" below. Rewards Dollars can be used against product cost
and shipping cost only. For orders with multiple items, Rewards Dollars will be
applied across all items proportionally based on the dollar amount. Wayfair may
apply other restrictions to or terminate the Reward Program at any time.


RETURNS

If you return an item that was purchased in whole or in part using Rewards
Dollars, the return will be processed in accordance with Wayfair's return and
exchange policy. If the return is accepted by Wayfair, the Rewards Dollars
applicable to the returned item will be credited back to your account.


REWARDS DOLLARS BALANCE

You can check your Rewards Dollars balance at any time by logging in at "My
Account". A valid email address and password are required to view the Rewards
Dollars balance in your account. Wayfair is not liable for any failure, delay or
error in crediting Rewards Dollars to an account. You are responsible for all
activity occurring in or through your account, including the redemption of
Rewards Dollars, whether or not the activity was authorized.


EXPIRATION

Rewards Dollars not used during the applicable Redemption Period will be
forfeited. You may cancel Rewards Dollars by calling 866-263-8325 and/or sending
an email to service@wayfair.com, but members recognized on any of the
participating Sites are unable to opt-out of the program.


NON-TRANSFERABILITY AND NON-AGGREGATION OF REWARDS DOLLARS

Rewards Dollars and any other right, obligation or benefit of the Rewards
Program may not be transferred, assigned, sold, traded or bartered by any member
or any other person without Wayfair's prior written consent, which Wayfair may
withhold in its sole discretion, and any attempt to do any of the foregoing
shall be null and void. In addition, Rewards Dollars are for the member's
personal use only. Members may not aggregate Rewards Dollars from multiple
accounts or use Rewards Dollars for the purpose of purchasing products from the
participating Sites on behalf of others or for the purpose of reselling such
products to others.

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WAYFAIR GIFT CARD TERMS AND CONDITIONS

The following terms and conditions (the "Terms") apply to any Wayfair gift card
originally purchased by you or someone on your behalf (the "gift card") through
one of the Wayfair websites. Gift cards are issued by SK Retail, Inc. (referred
to hereafter as either “Wayfair,” “Perigold”, “AllModern,” “Birch Lane,” “Joss &
Main,” “we,” “us,” or “our”). By purchasing a gift card, accepting and retaining
a gift card, or using a gift card, you agree to these Terms.
 * Gift cards do not expire.
 * Gift cards are valid in the country and currency in which they were
   purchased. Gift cards purchased on Wayfair.com, AllModern.com, BirchLane.com,
   JossandMain.com, or Perigold.com can be used interchangeably. Gift cards
   purchased on Wayfair.ca can only be redeemed on Wayfair.ca. Gift cards
   purchased on Wayfair.co.uk can only be redeemed on Wayfair.co.uk. Gift cards
   purchased on Wayfair.de can only be redeemed on Wayfair.de.
 * Gift cards cannot be used to purchase gift cards.
 * Gift cards are not redeemable for cash and cannot be returned for a cash
   refund, except to the extent required by law.
 * Gift cards are not re-sellable, and gift card orders cannot be cancelled,
   updated or refunded.
 * E-gift cards may not be redeemable for up to 4 hours on weekdays, and up to
   12 hours on weekends.
 * Use of the gift card is limited to the amount of funds held on the gift card.
   The full amount of each purchase, including taxes, will be deducted from the
   funds held on the gift card, up to the total funds available on the gift
   card. Any unused balance will be placed in the recipient's gift card account
   and is not transferable. If you make a purchase and there are insufficient
   funds held on the gift card to cover that purchase, you must pay the
   difference by a valid credit card or debit card.
 * The risk of loss and title for gift cards pass to the purchaser upon our
   electronic transmission to the purchaser. We are not responsible for and will
   not replace lost or stolen gift cards. Protect your gift card as if it were
   cash and safeguard the gift card from authorized use.
 * Wayfair may provide gift card purchasers with information about the
   redemption status of gift cards.
 * Wayfair reserves the right to change these Terms from time to time in its
   discretion. Such revised terms will be effective as to any gift cards
   purchased after the date said revised Terms are posted to the Wayfair
   websites.
 * Resale of a gift card or use for unauthorized advertising, marketing,
   sweepstakes or other promotional purposes is strictly prohibited. Your right
   to use the funds on the gift card is a limited right, subject to these Terms
   and applicable law. We are not responsible for pricing, typographical, or
   other errors, in any offer and reserve the right to cancel any orders
   resulting from such errors.
 * If we suspect any fraud or misuse in connection with a gift card, we reserve
   the right in our discretion to suspend or terminate use of the gift card.
 * The consideration paid for the gift card, including any unredeemed balances,
   is the property of the Wayfair.
 * We do not currently collect or maintain any personally identifiable
   information regarding the purchasers of the Cards. However, we reserve the
   right to obtain personal information about you in accordance with the privacy
   policy found here if such information is necessary to service the Card or
   respond to your inquiries or for other purposes.
 * If any one or more of the covenants, agreements, provisions or terms of these
   Terms shall be for any reason whatsoever held invalid, then such covenants,
   agreements, provisions or terms shall be deemed severable from the remaining
   covenants, agreements, provisions or terms of these Terms shall in no way
   affect the validity or enforceability of the other provisions of these Terms.
 * These Terms sets forth the entire understanding of the parties relating to
   the subject matter hereof, and all prior understandings, written or oral, are
   superseded by these Terms. All terms and conditions set forth herein are
   applicable to the extent permitted by law.

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PRIVACY POLICY


VERSION 1.19

EFFECTIVE JUNE 20, 2022

Download

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TABLE OF CONTENTS

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PRIVACY POLICY

Last Updated: June 20, 2022.
We care about our customers and know that your privacy is important to you. This
Privacy Policy ("Privacy Policy") is our way of sharing how we collect your
information, why we need it, and how we use it.


SCOPE OF APPLICATION

This Privacy Policy applies to your use of our websites and mobile websites
(together, the "Site") and our mobile applications (together, the "App," and
together with the Site, the "Service"). The Service includes websites and mobile
applications operated by Wayfair LLC and its affiliated brands, including
Wayfair.com, Joss & Main, AllModern, Birch Lane and Perigold ("Wayfair", "we" or
"us"). If you visit another website or mobile application, including another
Wayfair website or mobile application, the privacy policy of that website or
mobile application will apply. Please review the privacy policy of that website
or mobile application to understand how that website or mobile application
operator processes your information.
This Privacy Policy also applies to the information you provide to us after
being presented with or directed to this Privacy Policy. This could be, for
example, when you share your information with our service representatives (e.g.
a customer service agent, design professional, or an installation or assembly
pro) or send us a letter, email or chat.
Before submitting information to the Service, please review this Privacy Policy
carefully. Back to Top


INFORMATION WE COLLECT AND HOW WE USE YOUR INFORMATION

There are three general categories of information we collect: (1) Information
you give to us; (2) Information we automatically collect from your use of the
Site or the App; (3) Information we collect from third parties.
We use your information in several different ways. What we do with your
information depends on when we collect it and what we collect.
Information you give to us
 * Your name and contact details (such as your email address, mailing address,
   phone number, and password)
 * Additional profile information (such as date of birth, gender, location, and
   preferred language)
 * Your payment information (such as your credit/debit card number, security/CVV
   code, and expiration date)
 * Your financing information (such as social security number, date of birth,
   and income)
 * Your communications and contact history with us (such as service call
   recordings, chat and instant messages, or communications with our social
   media channels)
 * Other information (such as product reviews, forum posts, survey responses,
   participation in promotions, and other user-generated content)

How we use information you give to usWhy we collect itRegistrationWe need your
name and contact details to create your account. This information is necessary
for the adequate performance of certain services and offerings on the Site and
the App, and to fulfill our contract with you when you place an order.Accept
payment, fulfill orders, provide refundsWe use your name and contact details to
fulfill our contract with you and deliver your orders, and we use your payment
information to process payments and comply with applicable law.Application for
financing solutions offered by financing providersWe collect your financing
information on behalf of the financing provider you choose and send the
information to that financing provider to facilitate your application to
financing products.Sending you account informationWe need your name and contact
details to deliver important account information to you, such as order
confirmations and notices, changes to account settings, and notices about the
Site, the App, or the terms and policies that apply to them.To offer an improved
user experienceWe use your communications and contact history with us, as well
as other information such as additional profile information, to operate,
protect, improve and optimize the Site and the App and to personalize and
customize your experience.Analytics, training and quality assuranceWe may use
information you provide to us to train our staff, improve our services and
offerings, and perform other internal analytics and performance
monitoring.Communication, marketing and advertisingWe may use information you
provide to us to deliver and personalize our communications with you, or to
administer referral programs, rewards, surveys, sweepstakes, contests or other
promotional activities. We may also use automatically collected information to
trigger marketing communications, for example shopping cart reminders via SMS.



Information we automatically collect from your use of the Site or the App
 * Purchase history and saved items (such as what you bought, what you've placed
   in or removed from your cart, or what items you've saved)
 * Log data and device information (such as details about how you've used the
   Site or the App, IP address, access dates and times, hardware and software
   information, device information, device event information, unique
   identifiers, crash data, cookie data, location data and page/product views or
   clicks)
 * Geo-location information (such as IP address, browser information or mobile
   GPS information)
 * Cookies and similar technologies (such as web beacons, pixels, and mobile
   identifiers; to learn more about these technologies and how you can control
   them, see Our Cookie Policy)

How we use information we automatically collectWhy we collect itTo provide
customer service and process returnsWe use your saved products to help you make
a purchase, and we use your purchase history to uphold our contract with you and
ensure that you've had a great customer experience.To offer an improved user
experienceWe use your log data and device information to operate, protect,
improve and optimize the Site and the App and to personalize and customize your
experience.To create and maintain a secure environmentWe use automatically
collected information to comply with applicable law and to measure the adequate
performance of our contract with you.Analytics, training and quality assuranceWe
may use automatically collected information to train our staff, perform internal
analytics, detect and prevent fraud and improve our services and
offerings.Communication, marketing and advertisingWe may use automatically
collected information such as cookies and similar technologies to provide the
most relevant advertising to you.



Information we collect from third parties, including third party services (for
example if you link, connect, or login to the Site or the App with your Google,
Facebook, Instagram or Twitter accounts) or other sources (such as your contacts
or brands we partner with)
 * Your name and contact details (such as your email address, mailing address,
   phone number and password)
 * Social media handles (such as your Twitter or Instagram handle)
 * Other information (such as demographic data, fraud detection information and
   information about you and your activities, experiences and interactions on
   and off the Site and the App)

How we use information from third partiesWhy we collect itRegistration and
profileWe will use information from third party services if you register with us
using another service, such as Facebook or Google, including Google’s one-tap
login service. Connecting to third-party applications or services is optional.
If you create your account by connecting through another service, we will
collect public information from that connected account to help complete your
profile.Communication, marketing and advertisingWe may use information we
collect or receive from third parties to deliver and personalize our
communications with you, or to administer referral programs, rewards, surveys,
sweepstakes, contests or other promotional activities.Non-member referralsWe may
obtain your information from a friend or other contact who wants to invite you
to use the Site or App. We will use your information to facilitate your
invitation and administer our referral program.To create and maintain a secure
environmentWe may obtain your information from third party service providers
and/or partners (e.g. identity verification services) and combine it with
information we have about you for fraud prevention and risk assessment efforts.

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WHEN WE SHARE YOUR INFORMATION

We share your information with the following categories of recipients as an
essential part of being able to provide the Site, the App, the Service and
related services and offerings, including customer service, to you:
 * Wayfair Inc. subsidiaries and affiliates. Wayfair subsidiaries include
   CastleGate Logistics Inc. and SK Retail, Inc.
 * Companies and individuals that help us deliver our products to you, such as
   suppliers, payment service providers, logistics professionals, and delivery
   and freight companies.
 * Professional service providers who help us run our business, such as
   marketing companies, software vendors, consultants, and advertising partners.
 * Companies approved by you, such as social media sites (if you choose to link
   your accounts to us) and payment processors or financing providers and card
   issuing banks if you choose to use their services or offerings.
 * Government and law enforcement agencies and applicable parties in civil
   litigation, to (i) comply with a legal process, subpoena, order, or other
   legal or regulatory requirement; (ii) enforce our Terms of Use or other
   policies; or (iii) pursue available legal remedies or defend legal claims.

We share your information with third parties only as described in this Privacy
Policy, with your consent, or as disclosed at the time we collect your
information. We may anonymize your information and share such anonymized
information with third parties for any purpose permitted by applicable laws. We
will never share information collected through Wayfair’s SMS program for another
company’s marketing purposes, anonymized or otherwise. Back to Top


FINANCING PROVIDERS

If you choose to apply for a financing product offered by a financing provider,
we collect some of your financing information on behalf of that provider. Once
you have completed the application form, we send the data to the financing
provider and delete it immediately from our systems, except for information we
need to keep in order to provide services to you. We will not use your financing
information for any other purpose. Back to Top


OUR COOKIE POLICY

We use cookies when you visit our Site and App to analyze traffic, optimize
performance and content and to provide an integrated and more personalized
shopping experience for customers. Cookies are small text files that are stored
by your Internet browser on your computer. While our cookies may change from
time to time, we generally use the following types of cookies:
 * Functionality cookies, which allow you to navigate the site and use our
   features.
 * Analytics cookies, which allow us to measure, analyze and understand how our
   customers use the Site and to identify ways to improve both its functionality
   and your shopping experience. For example, we use Google Analytics to help us
   evaluate your use of the Site, to compile reports on website activity, and to
   provide other services related to website activity and internet usage. To
   learn how Google Analytics collects and processes data, please visit: “How
   Google uses information from sites or apps that use our services” located at
   www.google.com/policies/privacy/partners.
 * Customer preference cookies, which help us remember your preferences (like
   your language or location) and make your experience more personalized to you.
 * Targeting or advertising cookies, which allow us to deliver digital ads
   relevant to you. These types of cookies also limit the number of times that
   you see an ad and help us measure the effectiveness of our marketing
   campaigns. We use cookies to help us identify and retarget users who may be
   interested in our products, services or offerings both on our Site and on
   third party websites. For example, we use proprietary technology to
   specifically target users by creating advertising material based on the
   users' previous behavior. To disable interest-based ads, please see Direct
   Marketing and Behavioral Advertising below.

You can prevent the use of cookies by changing the settings in your web browser
so that (i) it does not accept new cookies, (ii) it informs you about new
cookies, or (iii) it deletes all already received cookies. By deleting or
disabling future cookies, your user experience may be affected and you might not
be able to take advantage of certain functions of our Site (such as storing
items in your Cart between visits, customizing your website experience, and
making marketing messages more relevant).

We also use web beacons to help us identify your computer and evaluate user
behavior, such as reactions to promotions. Web beacons are small GIF files that
can be embedded in other graphics, emails, or similar. To prevent web beacons on
our site, you can use tools such as AdBlock Plus. To prevent web beacons in
emails, please set your mail program so that no HTML is displayed in messages.
Back to Top


DIRECT MARKETING AND BEHAVIORAL ADVERTISING

We may directly send you marketing communications and materials by email, postal
mail, and other channels to keep you informed of new products, promotions, and
to provide other information we think may be of interest to you. You can stop
receiving direct marketing messages from us at any time through your preferences
here or by clicking any "unsubscribe" link in any marketing message you receive
from us. Please note that it may take up to 48 hours to process your request and
update our systems. Note that if you request that we stop sending you marketing
messages, we will continue to send you administrative and service communications
(such as order updates and other important or transactional information).

Please note that if you use more than one name or email address when
communicating with Wayfair or using the Site of App, you may continue to receive
communications from us to any name or email address not specified in your
opt-out request. Back to Top


INTEREST-BASED ADVERTISING

On Wayfair-owned and operated sites, as well as unaffiliated sites and
properties, we may display tailored interest-based advertising. Interest-based
ads, also sometimes referred to as personalized or targeted ads, are displayed
to you based on information from activities such as purchasing on our sites,
visiting sites that contain Wayfair content or ads, interacting with Wayfair
tools, or using our payment services. We do this using a variety of digital
marketing networks and ad exchanges, and we use a range of advertising
technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers,
as well as specific services offered by some sites and social networks, such as
Facebook's Custom Audience service.

You can opt out of receiving certain third-party interest-based ads, or learn
more about behavioral advertising, by visiting www.aboutads.info/choices. Please
note that if you opt out of behavioral advertising, you will still see
advertisements - they will just not be tailored to your interests. Also note
that deleting browser cookies can remove the cookie preferences you have made,
so you may need to opt out again. Back to Top


BLOGS, REVIEWS AND FORUMS

The Service also may from time to time offer publicly-accessible blogs, reviews
or forums. Any information you provide in these areas may be read, collected and
used by others who access them. To request removal of your information from
blogs, customer reviews or forums, please contact us here. Please note that in
some cases we may be unable to remove your information. Back to Top


OUR SECURITY MEASURES

The security of your information is important to us. We use appropriate
technical and organizational safeguards to protect your information from
unauthorized use, disclosure, and loss. Encryption technology, including current
industry-standard encryption protocols, is used to protect personal information
in certain areas of our websites during transmission across the Internet. We use
a PCI-compliant payment service provider over a secured network. If you have
questions about the security of your information, please contact us here.
We encourage you to take reasonable measures to protect your password and your
computer to prevent unauthorized access to your account. Remember to sign out of
your account and close your browser window if you are using a shared computer in
a public place such as a library or an Internet cafe. Back to Top


KEEPING YOUR INFORMATION

We will keep your information for as long as you have an account or as long as
we need it to fulfill the purpose for which it was collected or disclosed to you
at the time of collection. We may also keep some of your information as required
to meet legal or regulatory requirements, resolve disputes, prevent fraud or
abuse, enforce our Terms of Use, or for other permissible purposes.

When we no longer have a need to keep your information, we will either delete it
from our systems or anonymize it so that it no longer identifies you. Back to
Top


CHILDREN'S PRIVACY

The Site, App and Service are not directed to children, and we do not knowingly
collect information from children under 13. If you are a parent or guardian and
believe that we have information about your child, please contact us here. To
learn more about how to protect your child online, visit the FTC’s
www.OnGuardOnline.gov. Back to Top


INFORMATION FOR CALIFORNIA RESIDENTS

California residents are granted certain rights under the California Consumer
Privacy Act (CCPA). Please see below for more information. As allowed by CCPA,
Wayfair may ask you to confirm certain pieces of personal information so that we
may validate your identity and properly service your request.
Delete My Personal Information: You may request that Wayfair delete your
personal information and direct its service providers to do the same by filling
out this form. Once we receive your submission, Wayfair will (to the extent
required by law) delete your personal information and notify you if any
exception to this process occurs. Please note that deleting your personal
information will result in the closure of your account, and as such, your
Wayfair experience will be impacted for future site visits.
Access My Personal Information: You may request that Wayfair provides you with a
copy of the personal information that we hold by filling out this form. You may
ask us for this information up to two times in a rolling twelve-month period.
When you make the request, the information provided may be limited to personal
information we collected about you in the previous 12 months. Please include in
the request if you would like to receive any of the following information or if
you have a more specific request:
 1. The categories of personal information Wayfair has collected about you.
 2. The categories of sources from which Wayfair collects your personal
    information.
 3. The business or commercial purpose for collecting or selling your personal
    information.
 4. The categories of third parties with whom Wayfair has shared your personal
    information.
 5. The specific pieces of personal information Wayfair has collected about you.

Opt Out of the Sale of My Personal Information: Wayfair will occasionally
transfer your data to third parties in a manner that may constitute a "sale"
under CCPA. The definition of "sale" is very broad and includes routine
marketing activities that Wayfair engages in.

CategoryDoes Wayfair Transfer This?Personal IdentifiersYesProtected
CharacteristicsN/ACommercial InformationYesBiometric InformationN/AInternet and
Other Network ActivityYesCustomer GeolocationN/ASensory Information - Audio,
Visual, OlfactoryN/AEmployment Related InformationN/AEducation
InformationN/AInferences About Any of the AboveYes

As a California resident, you may opt out of these transfers by following this
link and making your desired selections. Please note that submitting this
request does not opt you out of all marketing activities, only those recognized
as a "sale" within the meaning of the CCPA.
You can also designate an authorized agent to make a request on your behalf.
Prior to responding to your request, we will verify your identity by matching
any requested identifying information you provide against the information we
have about you. We will not subject you to discriminatory treatment as a result
of your choice to exercise your privacy rights.
Wayfair will never discriminate against you for exercising any of these rights,
but you may lose access to certain functionality or the ability to interact with
certain programs or offers due to changes in the personal information Wayfair
has access to after complying with your privacy request(s).
If you have any questions on your rights as a California resident, please
contact us here or via email at DataProtectionOfficer@wayfair.com. Back to Top


INFORMATION FOR VISITORS FROM OUTSIDE OF THE UNITED STATES

The Service is hosted in the United States. If you are visiting the Service from
outside the United States, your information may be transferred to, stored and
processed in the United States in accordance with this Privacy Policy and
applicable US laws. Please note that data protection and other applicable laws
of the United States may not be as comprehensive as those laws or regulations in
your country or may otherwise differ from the data protection or consumer
protection laws in your country. By using the Service, you consent to the
transfer of your information to our facilities as described in this Privacy
Policy. Back to Top


CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time to reflect new ways that we
process your information. When we post modifications to this Privacy Policy, we
will revise the "Last Updated" date at the top of this page. The modified
Privacy Policy will be effective immediately upon posting on the Service. If we
make significant changes that affect your information, we will provide you
notice of such changes through the Site, the App, by email, or some other means
of contact. We encourage you to periodically review this page for the latest
information on our privacy practices. Back to Top


HOW TO CONTACT US

We always want to hear from our customers - especially with questions, comments
or concerns about our privacy practices. Please don't hesitate to contact us
here or in writing at:

Wayfair LLC
Attention: Legal Department
4 Copley Place
Boston, MA 02116

Back to Top




TERMS OF USE


VERSION 1.38

EFFECTIVE JANUARY 20, 2023

Download

--------------------------------------------------------------------------------


TABLE OF CONTENTS

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TERMS OF USE

Last Updated: August 10, 2022
Welcome to Wayfair!
Wayfair LLC and its subsidiaries and affiliates, including Wayfair Illinois LLC
("Wayfair", "we", "us" or "our"), provide website features and other products
and services to you when you visit or shop our family of websites (including
mobile websites) and our mobile applications, or use our software in connection
with any of the foregoing, in each case subject to your compliance with these
Terms of Use. Our family of websites and applications includes Wayfair.com and
the Wayfair mobile application, as well as our other U.S. websites and mobile
applications, including AllModern, Birch Lane, Joss & Main and Perigold
(collectively, the "Sites").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of
Use constitute an agreement between Wayfair and you. We recommend that you print
out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree
to and comply with these Terms of Use. If you do not agree to these Terms of Use
or if you are not legally competent to agree to them, then you may not use the
Sites.
Please note that these Terms of Use contain provisions that govern the
resolution of claims between Wayfair and you, including an arbitration
agreement, class action waiver, and jury trial waiver that affect your rights.
In arbitration, there is no judge or jury and there is less discovery and
appellate review than in court. Please see the Legal Disputes section for
complete details and review carefully.


PRIVACY & SECURITY

Please review our Privacy Policy, which is incorporated into these Terms of Use
and also governs your use of the Sites. To the extent there is a conflict
between the terms of the Privacy Policy and these Terms of Use, the Terms of Use
govern.
Information security is important to Wayfair. We have established appropriate
physical, electronic and managerial safeguards to protect the information that
we collect from or about our users. Wayfair does, however, reserve the right at
all times to disclose any information as Wayfair deems necessary to satisfy any
applicable law, regulation, legal process or governmental request.
Please click here for more information. Back to Top


CHANGES

Wayfair reserves the right, at any time, to change these Terms of Use, our
Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively
to claims for which you or Wayfair have given notice. Your use of the Sites
following any such change constitutes your agreement to follow and be bound by
the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use
and/or Privacy Policy supersede all previous versions, notices or statements
regarding the Sites. If we request, you agree to sign a non-electronic version
of these Terms of Use.
We will notify you of any change to these Terms of Use by any reasonable means,
such as by updating the "Last Updated" date at the top of these Terms of Use.
Back to Top


INTELLECTUAL PROPERTY RIGHTS

The Sites contain valuable trademarks and service marks owned and used by
Wayfair, including but not limited to, Wayfair, the Wayfair design logo, Joss &
Main, AllModern, Birch Lane, Perigold, and the tag line "a zillion things home"
(collectively, the "Wayfair Marks"). Any use of the Wayfair Marks without the
prior written permission of Wayfair is strictly prohibited. The arrangement and
layout of the Sites, including but not limited to, the Wayfair Marks, images,
text, graphics, buttons, screenshots, music, digitally downloadable files, and
other content or material (collectively, the "Site Content"), are the sole and
exclusive property of Wayfair.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING
ALL OR ANY PART OF THE SITES IS PROHIBITED.
Wayfair uses a network of independent product and content suppliers,
distributors and other such third parties to supply some of the products and
content advertised on the Sites. All other trademarks, service marks, product
names, package designs and company names or logos associated with these product
and content suppliers, distributors and other such third parties that are not
owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy. Back to
Top


USER-GENERATED CONTENT

From time to time, the Sites permit the submission of content, such as comments,
blogs and product reviews, generated by you and other users ("User Content").
You are solely responsible for your own User Content and the consequences of
posting or publishing it. Any User Content or other material, information or
ideas that you submit to or post or publish on the Sites is non-confidential and
non-proprietary.
By submitting User Content, you represent and warrant to Wayfair that: (i) your
User Content does not violate any copyright, trademark, trade secret, patent or
other intellectual property right, any right of privacy or publicity of any
third party or any applicable law, rule or regulation, (ii) you own or have the
legal right to use and authorize Wayfair to use your User Content, including
written consent to use of any product or the name, voice, likeness or any other
applicable personal rights of each identifiable person featured or referenced in
your User Content and (iii) your User Content does not violate Wayfair's
Acceptable Use Policy set forth below.
As between you and Wayfair, you will retain all of your ownership rights in and
to your User Content. By submitting User Content to Wayfair, you hereby grant to
Wayfair a perpetual, worldwide, non-exclusive, irrevocable, royalty-free,
sublicensable (through multiple tiers) and transferable right and license to
use, reproduce, distribute, edit, modify, translate, reformat, prepare
derivative works based upon, display publicly, perform publicly and otherwise
exploit (including but not limited to over the Internet, broadcast television or
any other uses or media) your User Content, in whole or in part, including
future rights that Wayfair (or its successor) may otherwise become entitled to
that do not yet exist, as well as new uses, media, means and forms of
exploitation throughout the universe exploiting current or future technology yet
to be developed. You also hereby grant each user of the Sites a non-exclusive
license to access your User Content through the Sites and to use, access, watch,
reproduce, distribute, transmit, forward, display and perform such User Content
in whole or in part, to the extent permitted by the Sites under these Terms of
Use.
Wayfair does not endorse any User Content or any opinion, recommendation, or
advice expressed therein. Wayfair reserves the right but is not obligated to
monitor User Content or other content sent to or through the Sites. Wayfair has
the right to refuse, remove, edit or delete any User Content and/or to terminate
any user's access to the Sites for any reason. Wayfair takes no responsibility
for User Content. Back to Top


SOCIAL MEDIA TAG USAGE

BY USING #WAYFAIRATHOME, @WAYFAIR AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY
WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE WAYFAIR WITH AN
UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE,
WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING
MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH
USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO,
COPYRIGHTS AND TRADEMARK RIGHTS. Back to Top


ACCEPTABLE USE POLICY

By submitting User Content and otherwise using the Sites, you agree not to: (i)
submit any User Content that is protected by or otherwise subject to any third
party intellectual property or proprietary rights (including any privacy and
publicity rights) unless you own or have permission from the rightful owner of
such rights to post such User Content and to grant Wayfair all of the rights
granted herein; (ii) upload, post, e-mail or otherwise transmit any content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, hateful or racially, ethnically or otherwise
objectionable; (iii) use the Sites to harm any person or entity, including
Wayfair; (iv) impersonate any person or entity, including but not limited to, a
representative of Wayfair, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (v) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted to or
through the Sites; (vi) upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, junk mail or any
other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any
content that contains computer viruses or other computer code, files or programs
that interrupt, destroy or limit the functionality of the Sites or any other
computer software or hardware or telecommunications equipment; (viii)
intentionally or unintentionally violate any applicable local, state, national
or international laws, rules or regulations, including but not limited to those
promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange
Commission; (ix) collect, store or use personal information about other users of
the Sites without their consent; (x) use the Sites (including through submission
of User Content) to disparage or make unsubstantiated claims about any person,
third party or its/their products or services; (y) use any of the Sites in any
manner that could overburden or impair any of the Sites or the networks or
systems connected to the Sites; and/or (z) use any device, software or
instrumentality to interfere with the proper working of the Sites or disobey any
requirements, procedures, policies or regulations of networks connected to the
Sites.
You also agree that you will not violate or attempt to violate the security of
the Sites. Violations of system or network security may result in civil or
criminal liability. Wayfair reserves the right to investigate occurrences which
may involve such violations and may involve and cooperate with, law enforcement
authorities in prosecuting users who have participated in such violations. Back
to Top


PRODUCT ORDERS

The receipt of an order number or an email order confirmation does not
constitute the acceptance of an order or a confirmation of an offer to sell.
Wayfair reserves the right, without prior notification, to limit the order
quantity on any item and/or to refuse service to any customer. Verification of
information may be required prior to the acceptance of an order. Your email
order confirmation and invoice will identify the seller of record for your
order. For example, certain orders for shipment to destinations within the State
of Illinois are sold by Wayfair Illinois LLC, as indicated by your email order
confirmation and invoice. Prices and availability of products on the Sites are
subject to change without notice. Errors will be corrected when discovered and
Wayfair reserves the right to revoke any stated offer and to correct any error,
inaccuracy, or omission (including after an order has been submitted). Certain
orders constitute improper use of the Sites and the Wayfair Rewards Program
described below. Wayfair reserves the right, at its sole discretion, to refuse
or cancel any order for any reason. Your account may also be restricted or
terminated for any reason, at Wayfair's sole discretion. Items purchased
pursuant to a quantity discount may be re-priced upon cancellation. Back to Top


ABOUT OUR PRICES

Where a product listing on our Site references a higher price, typically denoted
by a strikethrough (e.g. "$549"), such higher price represents the retail price
suggested by the manufacturer or supplier. In the absence of a price suggested
by the manufacturer or supplier, this price represents the highest price at
which we offered or sold the product at some point in the past. For “Flash
Deals”, where a product is temporarily being sold at a reduced price, an
additional strikethrough price is presented that represents a recent previous
price before the Flash Deal promotion. The "Sale" tag on a product listing on
our Site signifies that we are selling the product at a discount from a price in
the previous 90 days. The Wayfair's Choice badge represents a shortlist of
highly-rated, well-priced products we know customers love.
When we use the term “Closeout,” we mean either that the product has been
permanently reduced and will not return to the original price or that the
product is temporarily being sold at a reduced price in order to clear an
overstock of either Wayfair or supplier inventory. Prices of products listed on
our Site as “Closeout” may fluctuate during the “Closeout” promotion period for
such products. For temporary “Closeout” pricing, such products may return to
prices that are equal to or greater than their original prices upon expiration
of the applicable “Closeout” promotion period.
We do not price match. Promotional codes can only be applied during purchase.
Customer Service will be unable to honor any promotional code adjustments
post-order. Back to Top


WAYFAIR REWARDS PROGRAM

The Wayfair Rewards Program (the "Rewards Program") is exclusively for users of
the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Participating Sites in accordance with these Terms of
Use. Please click here for complete Rewards Program details, as may be in effect
from time to time and which are incorporated herein by reference. Back to Top


LINKS TO OTHER WEBSITES

The Sites may contain links to third-party websites ("Other Sites") that are not
under Wayfair's control. Wayfair makes no claim and accepts no responsibility
regarding the quality, nature or reliability of the Other Sites that are
accessible by hyperlinks from the Sites or link to the Sites. Wayfair provides
these links to you as a convenience and the inclusion of any link does not imply
endorsement by Wayfair of Other Sites or any association with the operators of
such Other Sites. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at any third-party sites. Back to Top


MOBILE DEVICES, SMS, AND MOBILE APPLICATIONS

If you use a mobile device to access pages of the Sites optimized for
mobile-viewing, opt in to receive SMS (text messages) from Wayfair (as/when
available), or use a mobile application, the following additional terms and
conditions ("Mobile Terms") also apply to you. Your access to the Sites via your
mobile device or use of a mobile application confirms your agreement to these
Mobile Terms, as well as the rest of the Terms of Use.
By opting in, you agree to receive promotional SMS text messages on your mobile
device, message frequency varies. Our SMS text messaging programs may include
promotional messages (84047), shopping cart reminders (84047), order updates
(76069), and authentication texts (76069). Your consent is not required as a
condition of purchasing any goods or services from Wayfair. You can opt out at
any time and for any reason by following provided instructions or by texting
"STOP" to the number associated with the SMS message. You will receive one
further message confirming you are unsubscribed. After this, you will no longer
receive SMS messages from Wayfair. If you wish to join again, you can opt in at
any time. If you have any questions or require further assistance, you may
respond "HELP" to the number associated with the SMS message. For more
information, please contact us by emailing service@wayfair.com (please reference
"Questions about SMS").
By agreeing to receive SMS messages from Wayfair, you certify that you are over
18 years of age and (a) you are the mobile account holder or (b) you have the
account holder's permission to enroll the designated mobile phone number and
understand that message and data rates may apply. You agree that you are solely
responsible for all message and data charges that apply to use of your mobile
device to access the Sites or use of a mobile application. All such charges are
billed by and payable to your mobile service provider. Please contact your
participating mobile service provider for pricing plans, participation status
and details. Carriers are not liable for delivered or undelivered content. You
understand that wireless through Wi-Fi or a participating mobile service
provider may not be available in all areas at all times and may be affected by
product, software, coverage or other service changes made by your mobile service
provider or otherwise. Additional terms and conditions may apply to your use of
a mobile application, based on the type of mobile device on which you install
and use the mobile application. Back to Top


NOTICE TO CALIFORNIA RESIDENTS

California Proposition 65 requires that special warnings be provided when
products contain chemicals known by the State of California to cause cancer,
birth defects, or other reproductive harm if the use of those products may cause
exposure to those chemicals above specific limits. These warnings relate to some
but not all tools, lead crystal glassware, ceramic tableware, tiffany style
lamps, and electrical cords. Please call us prior to ordering if you have any
questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Wayfair provides users of the
Sites with the following notice: You may report complaints to the Consumer
Information Division of the California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone
at 800-952-5210. Back to Top


COMMUNICATIONS WITH WAYFAIR

For all communications made to or with Wayfair, including but not limited to
feedback, questions, comments, suggestions and the like: (i) you will have no
right to confidentiality in your communications and Wayfair will have no
obligation to protect your communications from disclosure; (ii) Wayfair will be
free to reproduce, use, disclose and distribute your communications to others
without limitation; and (iii) Wayfair will be free to use any ideas, concepts,
know-how, content or techniques contained in your communications for any purpose
whatsoever, including, but not limited to, the development, production and
marketing of products and services that incorporate such information. Back to
Top


INDEMNITY

You agree to indemnify and hold Wayfair and its agents and licensors harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of (i) your use of the Sites, including any
User Content you submit, post to or transmit through the Sites, (ii) your
violation of these Terms of Use or (iii) your violation of any rights of another
user. Back to Top


DISCLAIMER OF WARRANTIES

Wayfair intends for the information and data contained in the Sites to be
accurate and reliable but since the information and data have been compiled from
a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You
expressly agree that your use of the Sites and any information contained therein
is at your sole risk. Accordingly, to the extent permitted by applicable law,
WAYFAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not
allow the disclaimer of warranties or conditions so such disclaimers may not
apply to you. Back to Top


LIMITATION ON LIABILITY

IN NO EVENT WILL WAYFAIR OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING
INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO
PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE
SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER
BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WAYFAIR HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to
all content, merchandise and services available through the Sites or other
channels. Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions
liability is limited to the fullest extent permitted by law. Regardless of the
previous paragraphs, if Wayfair is found to be liable, our liability to you or
to any third party is limited to the greater of (a) the amount in dispute not to
exceed the total amount which you paid to us in the twelve (12) months prior to
the action giving rise to the liability or (b) USD $100.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO
WAYFAIR, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR
OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED. Back to Top


LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE
PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY
AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE
ACTION. Other rights that you would have if you went to court, such as access to
discovery or appeals, also might be unavailable or limited in arbitration.


AGREEMENT TO BINDING ARBITRATION; CLASS ACTION WAIVER

Any dispute, claim or controversy (that is not resolved informally as set forth
below) between you and Wayfair, its agents, employees, officers, directors,
principals, successors, assigns, subsidiaries or affiliates (collectively for
purposes of this section, 'Wayfair') arising from or relating in any way to: (1)
these Terms of Use and their interpretation or the breach, termination or
validity thereof, and the relationships which result from these Terms of Use;
(2) your use of any website owned or operated by Wayfair and its affiliated
brands; or (3) any products or services sold or distributed by Wayfair and its
affiliated brands or through any website owned or operated by Wayfair and its
affiliated brands (collectively, “Covered Disputes”) will be resolved by binding
arbitration, rather than in court. Covered Disputes shall be interpreted
broadly.


MANDATORY INFORMAL DISPUTE RESOLUTION

Wayfair values its customers and seeks to resolve disputes informally where
possible. Before formally pursuing a Covered Dispute in arbitration, you agree
to first send a detailed notice (“Notice”) to Wayfair by email at
legal@wayfair.com. If Wayfair has a dispute with you, Wayfair agrees to first
send a detailed Notice to your e-mail address on file with us. Your Notice must
contain all of the following information: (1) your full name; (2) your address,
telephone number, and email address; (3) information sufficient for Wayfair to
identify any transaction at issue (e.g., your order number, order confirmation
communication, etc.); and (4) a detailed description of your dispute, the nature
and basis of your claim(s), and the nature and basis of the relief you are
seeking with a calculation for it. You must personally sign this Notice.
Wayfair’s Notice will likewise set forth (1) information sufficient for you to
identify any transaction at issue and (2) a detailed description of our dispute,
the nature and basis of our claim(s), and the nature and basis of the relief we
are seeking with a calculation for it. You and Wayfair agree to negotiate in
good faith about the dispute in an effort to swiftly resolve it to your
satisfaction without the need for a formal proceeding. Should Wayfair request a
telephone conference with you in an effort to resolve your dispute as part of
this informal process, you agree to personally participate (with your counsel if
you are represented). This process should result in resolution of the dispute,
but if for some reason it is not resolved within 60 days after receipt of a
fully completed Notice and the parties have not agreed to extend this time
period, you or Wayfair may initiate an arbitration. Compliance with and
completion of this mandatory informal dispute resolution process is a condition
precedent to filing any demand for arbitration. The statute of limitations and
any filing fee deadlines shall be tolled while the parties engage in this
process. Unless prohibited by applicable law, the arbitration administrator
shall not accept or administer any demand for arbitration unless the claimant
has certified in writing that they have fully complied with this process. This
certification shall be personally signed by you or Wayfair. A court shall have
the authority to enjoin the filing or prosecution of arbitrations without first
providing a fully completed Notice and participating in good faith in this
informal dispute resolution process.


INITIATING ARBITRATION AND ARBITRATION RULES

Any arbitration between you and Wayfair shall be administered by National
Arbitration and Mediation (“NAM”) in accordance with NAM’s operative
Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in
effect at the time any demand for arbitration is filed with NAM, as modified by
this Legal Disputes Section. For a copy of the NAM Rules, please visit
https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s
National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY
11530 and email address commercial@namadr.com. If NAM is unavailable or
unwilling to administer the proceeding under the Legal Disputes Section as
written, the parties agree that the arbitration shall be administered by the
American Arbitration Association (“AAA”) pursuant to the AAA Consumer
Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA
Rules") in effect at the time any demand for arbitration is filed with AAA, as
modified by this Legal Disputes Section. If the AAA is unavailable or unwilling
to apply this Legal Disputes Section as written, the parties shall mutually
agree on an alternative administrator that will administer the proceeding under
the Legal Disputes Section as written. If the parties are unable to agree, they
will petition a court of competent jurisdiction to appoint an arbitration
administrator that will do so. Any arbitration will be held before a single
neutral arbitrator.
To begin an arbitration proceeding, you must send the demand for arbitration or
arbitration notice form made available from the arbitration administrator and
supplement that form with a detailed description of your claim, including with
the information required for your Notice and the accompanying signed
certification of compliance with the informal process referenced above
(collectively referred to as “demand for arbitration”), to NAM (or to AAA if it
is the administrator as set forth above). You must personally sign your demand
for arbitration. You agree to also send Wayfair a copy of your demand for
arbitration at legal@wayfair.com. If Wayfair initiates arbitration, we will send
a copy of our demand for arbitration to your email address on file with us.
You may choose to have the arbitration conducted by telephone, virtually, based
on written submissions, or in person in the county where you live or at another
location reasonably convenient for you, or at a mutually agreed-upon location.
Wayfair reserves the right to request an in-person or videoconference hearing at
any point within 14 days after its deadline to file any answer. After that time,
Wayfair retains the right to request an in-person or virtual hearing from the
arbitrator, which the arbitrator may elect to require along with your
participation (with your counsel if you are represented). Should a hearing take
place in person, it shall take place consistent with the geographic parameters
set forth above.


ARBITRATION FEES

Payment of all filing, administration and arbitrator fees will be governed by
the NAM Rules (or the AAA Rules should AAA be the designated administrator as
set forth above). Upon a showing of financial hardship, Wayfair will consider
your request to promptly reimburse your portion of the arbitration fees provided
for in the NAM (or AAA) Rules.


ARBITRATION AUTHORITY

The arbitrator has the sole authority to and shall address all claims or
arguments by both parties concerning the formation, legality, and enforceability
of this arbitration clause, the scope of this clause, and the arbitrability of
any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration
award is limited. However, an arbitrator can award on an individual basis the
same damages and relief as a court (including injunctive and declaratory relief
or statutory damages) only in favor of the individual party seeking relief and
only to the extent necessary to provide relief warranted by that party’s
individual claim. The arbitrator may not award relief for or against anyone who
is not a party to the proceeding. The arbitrator is bound by and must follow the
terms of these Terms of Use as a court would. Regardless of the manner in which
the arbitration is conducted, the arbitrator shall issue a reasoned written
decision sufficient to address the essential findings and conclusions of law on
which the award is based. The arbitration award shall be binding only between
you and Wayfair and shall have no preclusive effect in any other arbitration or
proceeding involving a different party, provided that the arbitrator may
consider rulings in other arbitrations involving different individuals. The
arbitrator may award fees and costs as provided by the NAM Rules (or the AAA
Rules if AAA is the designated administrator as set forth above) or to the
extent such fees and costs could be awarded in court or if the arbitrator
determines that a claim, proceeding, or defense was frivolous or brought for
harassment, for an improper purpose, or in bad faith. The arbitrator shall apply
the provisions of Federal Rule of Civil Procedure 68 after entry of the award.


SOLE EXCEPTIONS TO ARBITRATION

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Wayfair
may elect to have an individual claim heard in small claims court consistent
with any applicable jurisdictional and monetary limits that may apply, provided
that it is brought and maintained as an individual claim and is not appealed or
removed to any court of general jurisdiction; and (2) you agree that you or
Wayfair may bring suit in court to enjoin infringement or other misuse of
intellectual property rights.


JURY TRIAL AND CLASS ACTION WAIVER

Except as the Terms of Use otherwise provide and to the fullest extent permitted
by law, you and Wayfair acknowledge and agree that you are each waiving the
right to a trial by jury and to the litigation of disputes in state or federal
courts of general jurisdiction. The parties further agree that any arbitration
shall be conducted in their individual capacities only and not as a class
action/class arbitration or other representative action, and the parties
expressly waive their right to file a class action or seek relief on a class
basis. You and Wayfair may not be plaintiffs or class members in any purported
class, collective, private attorney general, or representative proceeding, or
otherwise make or proceed with any claim on a collective or consolidated basis,
and may each bring claims against the other only in your or its individual
capacity. As referenced above, the arbitrator may award declaratory or
injunctive relief only on an individual basis and only to the extent necessary
to provide relief warranted by the individual claim. If a court determines that
this class action waiver is not enforceable as to a particular claim or request
for relief and all appeals from that decision have been exhausted (or the
decision is otherwise final), then the parties agree that that particular claim
or request for relief shall proceed in court but shall be stayed pending
arbitration of the remaining claims.


SPECIAL ADDITIONAL PROCEDURES FOR MASS ARBITRATION

If 25 or more individuals seek to initiate arbitrations with Wayfair raising
similar claims, and counsel for the individuals bringing the claims are the same
or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and
Wayfair agree that these additional procedures shall apply, along with the
applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as
set forth above). You understand and agree that if you choose to initiate your
claim as part of Mass Claims, the adjudication of your claim might be delayed.
Counsel for the individuals and counsel for Wayfair shall each select 15 cases
(per side) to be filed in and proceed in arbitration in bellwether proceedings
to be resolved individually. Each case shall be assigned to a separate and
different arbitrator. In the meantime, no other cases may be filed or deemed
filed in arbitration, and the arbitration administrator shall not accept or
administer arbitrations commenced in violation of these procedures. If the
parties are unable to resolve the remaining cases after the conclusion of the
first stage of bellwether proceedings, each side may select another 15 cases
(per side) to be filed in and proceed in arbitration in a second set of
bellwether proceedings to be resolved individually. Each case shall be assigned
to a separate and different arbitrator. This process shall continue consistent
with this staged process of administering and moving forward a maximum of 30
individual arbitration proceedings at a time until the parties are able to
resolve all of the Mass Claims, either through settlement or arbitration. If
these additional mass arbitration procedures apply to your claim, any applicable
statute of limitations shall be tolled from the time the first cases are
selected for a bellwether proceeding until your claim is selected for a
bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the
authority to enforce these mass arbitration procedures and, if necessary, to
enjoin the filing or prosecution of arbitrations.


GOVERNING LAW

You and Wayfair agree that any claim between us involves commerce under, and is
governed exclusively by, the Federal Arbitration Act ("FAA") and federal law,
and not by any state or local laws, or the laws of other countries, concerning
or purporting to place limits on the availability or scope of arbitration or in
any way imposing requirements beyond or inconsistent with those set forth in the
FAA. Where otherwise applicable, the laws of the Commonwealth of Massachusetts
apply. Should any action proceed in court (other than in small claims court),
you consent to the exclusive jurisdiction of the federal and state courts of the
Commonwealth of Massachusetts.


OTHER

To the extent that any other provision of the Terms of Use is found to be
inconsistent with rights, duties, and requirements of this arbitration
agreement, or where the application of such a provision would change or render
unenforceable any part of this arbitration agreement, such provision shall be
null and void and the terms of this arbitration agreement shall control. Back to
Top


TERMINATION

Your ability to access and use the Sites remains in effect until terminated in
accordance with these Terms of Use. You agree that Wayfair, in its sole
discretion, may terminate your account and your use of the Sites and may remove
and delete your User Content if Wayfair believes that you have violated or acted
inconsistently with these Terms of Use or for any other reason. Wayfair also may
in its sole discretion and at any time discontinue providing the Sites, or any
part thereof, with or without notice. You agree that any termination of your
access to the Sites may be effected without prior notice and you acknowledge and
agree that Wayfair may bar any further access to the Sites. Further, you agree
that Wayfair will not be liable to you or any third-party for any termination of
access to the Sites.
For instructions for deleting your account, please see the "Registering for the
Service" section of our Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content,
Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of
Liability, Legal Dispute sections, together with and any other rights and
obligations which by their nature are reasonably intended to survive such
termination, will survive any termination of these Terms of Use. Back to Top


RIGHT TO ACCESS

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm
that you are over age 13. If you are under age 13, you may not access or use the
Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S
REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN
RESPECT OF SUCH TEENAGER'S USE OF THE SITES. Back to Top


OUTAGES

Wayfair periodically schedules system downtime for the Sites for maintenance and
other purposes. Unplanned system outages also may occur. You agree that Wayfair
has no responsibility and is not liable for: (a) the unavailability of any of
the Sites; (b) any loss of data, information or materials caused by such system
outages; (c) the resultant delay, mis-delivery or non-delivery of data,
information or materials caused by such system outages; or (d) any outages
caused by any third parties, including without limitation any companies or
servers hosting any of the Sites, any Internet service providers or otherwise.
Back to Top


JURISDICTIONAL ISSUES

The Sites are operated by Wayfair from its offices in Boston, Massachusetts,
USA. The Sites are intended for users who reside in the United States of
America. Wayfair makes no representations or warranties that the Sites or any
materials contained in them are valid, appropriate or available for use outside
of the United States. If you access and use the Sites outside the United States,
you do so at your own risk and are responsible for compliance with applicable
local laws. Wayfair reserves the right to limit the availability of the Sites
and/or the provision of any service, program or other product described thereon
to any person, geographic area or jurisdiction, at any time and in our sole
discretion. Any software on the Sites is subject to United States export
controls and may not be downloaded or otherwise exported or re-exported: (a)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria or any other country to which the United States has embargoed goods or
which is subject to other applicable U.S. trade sanctions; or (b) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using any
software from the Sites, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any
such list. Back to Top


GENERAL INFORMATION

No waiver of any provision or any breach of this Agreement will constitute a
waiver of any other provisions or any other or further breach. In the event that
any provision of this Agreement is determined to be illegal or unenforceable,
the balance of the Agreement shall continue to be fully valid, binding, and
enforceable. These Terms of Use set forth the entire Agreement between you and
Wayfair with respect to use of the Sites and supersede any prior agreements
between you and Wayfair relating to such subject matter. The Terms are not
assignable, transferable or sublicensable by you except with Wayfair's prior
written consent. No waiver by either party of any breach or default hereunder
will be deemed to be a waiver of any preceding or subsequent breach or default.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by these Terms of Use.
Any heading, caption or section title contained herein is inserted only as a
matter of convenience and in no way defines or explains any section or provision
hereof. Wayfair's performance of these Terms of Use is subject to existing laws
and legal process, and nothing contained in these Terms of Use is in derogation
of Wayfair's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Sites or information
provided to or gathered by Wayfair with respect to such use. A printed version
of these Terms of Use and of any notices given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to
these Terms of Use to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form. The parties agree that all correspondence relating to these Terms
of Use must be written in the English language. Back to Top


VIOLATIONS

Please report any violations of these Terms of Use to the system administrator
here. Back to Top


QUESTIONS?

If you have questions, comments or complaints about these Terms or the Sites,
please contact us here (please reference "Questions about the Sites").

Back to Top




WAYFAIR'S COPYRIGHT POLICY


VERSION 1.4

EFFECTIVE DECEMBER 9, 2019

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WAYFAIR’S COPYRIGHT POLICY

Last Updated: May 17, 2018
This Copyright Policy describes Wayfair's policy of prohibiting any information
or materials that violate another party's intellectual property rights from
appearing on www.Wayfair.com, www.AllModern.com, www.JossandMain.com,
www.BirchLane.com, www.Perigold.com and their related domains (collectively, the
"Site").
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
a copyright owner who believes that material appearing on the Internet infringes
his, her or its rights under U.S. copyright law. Wayfair complies with the DMCA
by responding to notices and counter-notices that meet the then-current DMCA
requirements. Please visit http://www.copyright.gov/ for details about current
DMCA requirements.


NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you believe in good faith that material appearing on the Site infringes your
copyright, you (or your agent) may send Wayfair a written notification pursuant
to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright
Agent (identified below), contain all of the information listed below (and as
further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be
removed or that access to it be blocked. Your DMCA Notice must contain:

 1. Identification in sufficient detail of the copyrighted work that you claim
    has been infringed. If multiple copyrighted works on the Site are covered by
    a single notification, you may provide a representative list of such works
    on the Site; however, the representative list must still contain sufficient
    detail of the copyrighted works so that we can identify them;
 2. Identification of the URL or other specific location on the Site that
    contains the material that you claim to be infringing your copyright. You
    must provide us with reasonably sufficient information to enable us to
    locate the alleged infringing material and comply with your request to
    remove or deny access to the material;
 3. Your name, address, telephone number and email address (if available);
 4. The electronic or physical signature of the owner of the copyright or a
    person authorized to act on the copyright owner's behalf;
 5. A statement that you have a good faith belief that use of the material on
    the Site as you have described in the DMCA Notice is not authorized by the
    copyright owner or its agent or the law; and
 6. A statement that you swear under penalty of perjury that the information
    contained in your notification is accurate and that you are the copyright
    owner or that you are authorized to act on behalf of the owner of an
    exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to
Wayfair's Copyright Agent by mail or email as set forth below:
Wayfair Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair DMCA Notice")
If you fail to comply with all of the above requirements, your DMCA Notice will
not be valid. Please note that you may be liable for damages, including court
costs and attorneys' fees, if you materially misrepresent that materials on the
Site are infringing a copyright.


COUNTER NOTIFICATION

If you believe in good faith that your own copyrighted material has been removed
from the Site as a result of mistake or misidentification, you may submit a
written counter notification letter to Wayfair's Copyright Agent pursuant to
Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification
under the DMCA, your written correspondence must include substantially the
following:
 1. Identification of the material that has been removed or disabled and the
    location at which the material appeared before it was removed or disabled;
 2. A statement that you consent to the jurisdiction of the Federal District
    Court in which your address is located or in Boston, Massachusetts if your
    address is outside the United States;
 3. A statement that you will accept service of process from the party that
    filed the notification of alleged copyright infringement or the party's
    agent;
 4. Your name, address and telephone number;
 5. A statement that you swear under penalty of perjury that you have a good
    faith belief that the material in question was removed or disabled as a
    result of mistake or misidentification of the material to be removed or
    disabled, or that the material identified by the complaining party has been
    removed or disabled at the URL or web location and will no longer be shown
    or accessible; and
 6. Your physical or electronic signature.

You may submit your counter notification to Wayfair's Copyright Agent by mail or
email as set forth below:
Wayfair Copyright Agent
Attn: Legal
4 Copley Place, Floor 7
Boston, MA 02116
Email: legal@wayfair.com (please reference "Wayfair DMCA Notice")
Upon receipt of a counter notice, Wayfair's Copyright Agent may send a copy of
it to the original complaining party informing that party that Wayfair may
replace the removed content or cease disabling it. Unless the copyright owner
files an action seeking a court order against Wayfair, the removed content may
be replaced or access to it restored by Wayfair.
You acknowledge that if you fail to comply with all of the above requirements,
your DMCA counter notification will not be valid. Please note that if you
materially misrepresent that the disabled or removed content was removed by
mistake or misidentification, you may be liable for damages, including costs and
attorneys' fees.


WAYFAIR PROFESSIONAL PROGRAM TERMS


VERSION 1.12

EFFECTIVE MAY 19, 2020

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WAYFAIR PROFESSIONAL PROGRAM TERMS

Last Updated: August 22, 2018
The Wayfair Professional Program (the "Wayfair Professional Program") is
exclusively for users of the Sites who have enrolled in the Wayfair Professional
Program in accordance with the terms hereof (“Program Members”). The Wayfair
Professional Program is designed to provide Program Members with additional
benefits and exclusive services.
The terms and conditions applicable to the Wayfair Professional Program (the
“Wayfair Professional Program Terms”) are as set forth herein. Wayfair reserves
the right, at any time and in its sole discretion, to change the Wayfair
Professional Program Terms. When we post material modifications to the Wayfair
Professional Program Terms, we will revise the “Last Updated” date at the top of
this section. Your use of the Wayfair Professional Program after the posting of
any update to the Wayfair Professional Program Terms constitutes your agreement
to be bound by such Wayfair Professional Program Terms, as revised. We encourage
you to periodically review this section for the latest Wayfair Professional
Program Terms. If you object to any update to the Wayfair Professional Program
Terms, your sole recourse is to stop using the Wayfair Professional Program. Use
of the Sites in connection with the Wayfair Professional Program is subject to
Wayfair’s Terms of Use, including, for example, the provisions applicable to
User-Generated Content.
Users of the Sites may enroll in the Wayfair Professional Program here. The
Program Member shall be the business entity itself, and each User who enrolls a
business entity in the Wayfair Professional Program must be authorized to do so
on behalf of such entity. Program Members may have multiple authorized user
accounts. Each Program Member acknowledges and agrees that each authorized user
account shall have access to all information related to such Program Member’s
account and that Wayfair shall have no liability in connection therewith.
Program Members can make account changes by calling (844) 403-5086. Wayfair, in
its sole discretion, may cancel a Program Member’s account at any time, with
immediate effect and without notice, for any reason (including, without
limitation, if Wayfair believes such Program Member has violated these Wayfair
Professional Program Terms or Wayfair’s Terms of Use). The services and benefits
provided through the Wayfair Professional Program are the sole property of
Wayfair and are not the property of any Program Member. Upon any cancellation or
termination of any Program Member’s account, all services and benefits will be
forfeited, and the applicable Program Member will no longer be able to
participate in the Wayfair Professional Program unless, in the case of a
voluntary account cancellation by a Program Member, such Program Member
subsequently re-enrolls in the Wayfair Professional Program. Wayfair may
terminate the Wayfair Professional Program at any time and for any reason.


HOME SERVICES


VERSION 1.3

EFFECTIVE AUGUST 3, 2022

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HOME SERVICES

Last Updated: August 3, 2022
Assembly, installation, and professional services you purchase through the Sites
are referred to herein as "Home Services" and are subject to applicable taxes.
Home Services are provided by independent third-party service providers
("Pros"). The Pros are independent contractors and not employees of Wayfair.
Wayfair does not provide the Home Services itself. Wayfair sometimes arranges
for the provision of Home Services with Pros directly, and sometimes through
other parties that contract with Pros ("Partners"), such as Handy and Go
Configure. Wayfair may refer customer service requests regarding Home Services
to the Partners. Wayfair makes no guarantee that it will be able to match you
with a Pro. Scheduled Home Services dates and times are subject to change. Home
Services will be performed in a good and workmanlike manner.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WAYFAIR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR
THE PROS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND
"AS AVAILABLE" BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE, YOU AGREE THAT WAYFAIR SHALL HAVE NO LIABILITY IN CONNECTION WITH THE
HOME SERVICES, THAT WAYFAIR IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY
PRO, AND THAT WAYFAIR WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR
LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES.
Wayfair arranges for background checks on the Pros through third-party
background check providers, or obtains contractual guarantees from Partners that
Pros have been background checked. Regardless, you should exercise caution and
common sense when interacting with Pros to protect your personal safety and
property, just as you would when interacting with any person you do not know.
You are responsible for verifying the identity of the Pro upon arrival. You are
responsible for ensuring that the location where the Home Services are to be
performed is safe and secure and that the Pro has free and clear access to such
location.
You must be 18 years of age or older to purchase Home Services. You acknowledge
and agree that you are solely responsible for your decisions relating to the
Home Services. Either you or someone else 18 years of age or older authorized by
you must be present at all times during the performance of the Home Services.
You are responsible for inspecting the Home Services and signing any relevant
forms. If you are not present during performance, the adult present must be
authorized by you to inspect the Home Services and sign any required forms on
your behalf. You agree that products assembled, installed or otherwise worked on
or with by Pros (collectively, "Products") are for home use only and not for
commercial applications or use. You are responsible for designating the location
where Pros assemble, install, and otherwise work on or with the Products.
Wayfair, the Partners, and the Pros make no recommendation, representation, or
warranty regarding the use or location of the Products, including the surface on
which they are installed. You have not relied on any statement made by any of
the foregoing parties in determining the use or location of the Products. You
are responsible for obtaining any required approvals, permissions, permits, and
variances necessary related to the Home Services. You assume all risk, including
any risk of relocation or removal, arising from the use or location of the
Products. You will follow all instructions and warnings relating to the Products
and will ensure that all persons who use the Products do the same.
You shall indemnify, defend, and hold harmless Wayfair, the Partners, and the
Pros, and each of their owners, affiliates, parents, subsidiaries, successors,
assigns, officers, directors, agents, employees, attorneys, insurers, and
representatives (each an "Indemnified Party") from and against any and all
claims, demands, causes of action, proceedings, losses, injury, damages,
expenses, fines, penalties, and costs arising from or in connection with (i) the
use and/or location of the Products; and (ii) your breach or violation of this
Home Services Section. You hereby waive, release, covenant not to sue, and
forever discharge each Indemnified Party from any and all debts, demands,
actions, causes of action, suits, covenants, contracts, agreements, promises,
torts, damages, claims, demands, losses, and liabilities whatsoever of any name
and nature, both in law and in equity, which you now have, ever had, or may in
the future have against any Indemnified Party arising from or in connection with
(i) the use and/or location of the Products; and (ii) your breach or violation
of, or failure to abide by, this Home Services Section.




WAYFAIR REWARDS PROGRAM TERMS


VERSION 1.6

EFFECTIVE JANUARY 2, 2020

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WAYFAIR REWARDS PROGRAM TERMS

The Wayfair Rewards Program (the "Rewards Program") is exclusively for users of
the Sites who have registered for the Rewards Program in accordance with the
directions set forth below and on the Sites. Rewards Dollars may be applied to
future purchases at the Sites in accordance with the terms set forth below and
our Terms of Use. Please click here for the Program Terms for the Wayfair Card
Benefits Program (the "Program Terms"), as may be in effect from time to time
and which are incorporated herein by reference. Enrollment in the Rewards
Program is automatic with registration at any of the Sites.


PARTICIPATING SITES

 * Wayfair.com
 * AllModern.com
 * BirchLane.com
 * JossandMain.com
 * Perigold.com (currently participating in the Wayfair Card Benefits Program
   and Product Review Program, but not the Referral Program)


MEMBERSHIP BENEFITS

Rewards Rewards Dollars Earned Members may earn a specified "Rewards Dollars"
from
 1. Wayfair Card Benefits Program
 2. Referral Program
 3. Product Review Program

Redemption Period Three months from the date on which Rewards-eligible purchase
is made Membership Fee None


WAYFAIR CARD BENEFITS PROGRAM

The Wayfair Card Benefits Program is designed to reward customers for making
purchases on their Wayfair Card. Refer to the Program Terms for eligibility
requirements for the Wayfair Card Benefits Program and for other applicable
terms. Terms used but not defined herein will have the meaning ascribed to such
terms in the Program Terms.
Eligible Wayfair Card cardholders have the ability to earn Points on Net New
Purchases made on the Wayfair Card that can be redeemed for Rewards Dollars
later. Certain products may be ineligible for earning points.
"Net New Purchases" means purchases of goods and/or services at the Sites made
by you or any Authorized User on your Account minus any returns, refunds,
discounts by using Rewards Dollars, credit adjustments, or promotions, rounded
to the nearest dollar. Points awarded for purchases that are returned or
refunded or otherwise adjusted will be deducted from your Point total. Such
deductions may result in a negative Points balance, in which case, any Points
you earn will be applied to reduce that balance and you will not be able to
redeem Points until you again have a positive balance. Points will not be
awarded for the Rewards Dollars you redeem.
Wayfair reserves the right to increase or decrease the amount of Points earned
on Net New Purchases at any time. We may from time to time make special offers
for you to earn additional Points on specific purchases. The terms and
conditions for such special offers (such as which purchases qualify and the
number of additional Points you may earn) will be disclosed at the time of
offer. Please check those terms and conditions carefully, as there may be
important conditions or limitations (such as blackout periods, point limitations
or exclusions). Availability of any special offer is subject to change without
notice. Please refer to Program Terms for more information on earning points,
and redeeming points for Rewards Dollars.
You are currently eligible to redeem $6 in Rewards Dollars at checkout for every
200 Points you have accumulated. Wayfair reserves the right to increase or
decrease the number of Points required to redeem Rewards Dollars. In addition,
these amounts may vary by customer or by promotion. Currently, a minimum of 200
or more Points will be required to redeem for Rewards Dollars at checkout. You
may redeem your points for the maximum amount of Rewards Dollars for which you
are eligible that are of equal or lesser value to the total cost of product and
shipping at the time of purchase. To redeem points, select “Redeem” under
"Wayfair Card Rewards" at checkout. The corresponding Rewards Dollars amount
will display in the Order Total. The redeemed points will be deducted from My
Wayfair Card Rewards on your "Account Balance" page in "My Account". Customers
can redeem points when making a purchase using any payment method, including a
Wayfair Card.


REFERRAL PROGRAM

Wayfair's Referral Program is designed to reward existing members ("Sponsors")
with Rewards Dollars for referring new members ("Recipients") to Wayfair.
Wayfair, AllModern, Birch Lane, and Joss & Main are participating in this
program and Sponsors can use their Rewards Dollars across all brands. However,
Recipients can only apply their discount to the brand the Sponsor referred them
to. Referral credit amounts may differ by site. Sponsors can refer as many
friends as he or she would like, but will only receive Rewards Dollars for up to
10 successful referrals per month. If a Recipient's qualifying order is
cancelled, Rewards Dollars will be voided. Previous purchases are not eligible
for Rewards Dollars and Rewards Dollars cannot be applied retroactively.
Invitations must be sent to individual recipients. Any attempt to distribute in
bulk is grounds for immediate termination of the Sponsor's account and
deactivation of their personal referral link. Distribution of Rewards bonuses is
subject to moderation in cases of suspected fraud.


BUSINESS AND TRADE REFERRAL PROGRAM

Sponsors will only receive their Rewards Dollars after their Recipient has used
their unique promo code and their order has shipped. Sponsors will be notified
by email when their Rewards Dollars are available for use. Rewards Dollars
credited to Sponsors will only be valid for 90 days. If the Recipient does not
use the unique promo code within 30 days, it will expire and no longer be valid.
Previous purchases are not eligible for Rewards Dollars and Rewards Dollars
cannot be applied retroactively. Orders containing Gift Certificate purchases
are not eligible. Bulk distribution and distribution to strangers is prohibited.
Violation of this is grounds for immediate termination of the Sponsor's account
and deactivation of their personal referral link. Distribution of referral promo
codes and Rewards Dollars is subject to moderation in cases of suspected fraud.


PRODUCT REVIEWS PROGRAM

Wayfair's Product Review Program is designed to reward existing members for
writing product reviews on products purchased on Wayfair.com, AllModern.com,
BirchLane.com, JossandMain.com and Perigold.com. Members may be rewarded
specified Rewards Dollars or may be offered other benefits for such reviews.


REDEMPTION OF REWARDS DOLLARS

Wayfair will post all earned Rewards Dollars on your account within a reasonable
amount of time after the confirmed shipment of your qualifying purchase. Rewards
Dollars can be only redeemed and applied as a credit against a purchase from one
of our participating Sites. Rewards Dollars cannot be used to purchase gift
cards, gift certificates, or manufacturer-excluded brands. Rewards Dollars are
not redeemable for cash and cannot be returned for a cash refund, except to the
extent required by law. Rewards Dollars will be automatically applied to your
purchase at Checkout. If you do not wish to redeem Rewards Dollars at the time
of purchase, select "Remove" at Checkout. Rewards Dollars may be combined with
Wayfair promo codes, but not with any other Wayfair promotion, offer, or other
discount. No credits or refunds will be issued for any reason after Rewards
Dollars have been redeemed, including for unused Rewards Dollars, except as
described in "Returns" below. Rewards Dollars can be used against product cost
and shipping cost only. For orders with multiple items, Rewards Dollars will be
applied across all items proportionally based on the dollar amount. Wayfair may
apply other restrictions to or terminate the Reward Program at any time.


RETURNS

If you return an item that was purchased in whole or in part using Rewards
Dollars, the return will be processed in accordance with Wayfair's return and
exchange policy. If the return is accepted by Wayfair, the Rewards Dollars
applicable to the returned item will be credited back to your account.


REWARDS DOLLARS BALANCE

You can check your Rewards Dollars balance at any time by logging in at "My
Account". A valid email address and password are required to view the Rewards
Dollars balance in your account. Wayfair is not liable for any failure, delay or
error in crediting Rewards Dollars to an account. You are responsible for all
activity occurring in or through your account, including the redemption of
Rewards Dollars, whether or not the activity was authorized.


EXPIRATION

Rewards Dollars not used during the applicable Redemption Period will be
forfeited. You may cancel Rewards Dollars by calling 866-263-8325 and/or sending
an email to service@wayfair.com, but members recognized on any of the
participating Sites are unable to opt-out of the program.


NON-TRANSFERABILITY AND NON-AGGREGATION OF REWARDS DOLLARS

Rewards Dollars and any other right, obligation or benefit of the Rewards
Program may not be transferred, assigned, sold, traded or bartered by any member
or any other person without Wayfair's prior written consent, which Wayfair may
withhold in its sole discretion, and any attempt to do any of the foregoing
shall be null and void. In addition, Rewards Dollars are for the member's
personal use only. Members may not aggregate Rewards Dollars from multiple
accounts or use Rewards Dollars for the purpose of purchasing products from the
participating Sites on behalf of others or for the purpose of reselling such
products to others.


WAYFAIR GIFT CARD TERMS AND CONDITIONS


VERSION 1.4

EFFECTIVE JANUARY 15, 2020

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WAYFAIR GIFT CARD TERMS AND CONDITIONS

Last Updated: July 29, 2019
The following terms and conditions (the "Terms") apply to any Wayfair gift card
originally purchased by you or someone on your behalf (the "gift card") through
one of the Wayfair websites. Gift cards are issued by SK Retail, Inc. (referred
to hereafter as either “Wayfair,” “Perigold”, “AllModern,” “Birch Lane,” “Joss &
Main,” “we,” “us,” or “our”). By purchasing a gift card, accepting and retaining
a gift card, or using a gift card, you agree to these Terms.
 * Gift cards do not expire.
 * Gift cards are valid in the country and currency in which they were
   purchased. Gift cards purchased on Wayfair.com, AllModern.com, BirchLane.com,
   JossandMain.com, or Perigold.com can be used interchangeably. Gift cards
   purchased on Wayfair.ca can only be redeemed on Wayfair.ca. Gift cards
   purchased on Wayfair.co.uk can only be redeemed on Wayfair.co.uk. Gift cards
   purchased on Wayfair.de can only be redeemed on Wayfair.de.
 * Gift cards cannot be used to purchase gift cards.
 * Gift cards are not redeemable for cash and cannot be returned for a cash
   refund, except to the extent required by law.
 * Gift cards are not re-sellable, and gift card orders cannot be cancelled,
   updated or refunded.
 * E-gift cards may not be redeemable for up to 4 hours on weekdays, and up to
   12 hours on weekends.
 * Use of the gift card is limited to the amount of funds held on the gift card.
   The full amount of each purchase, including taxes, will be deducted from the
   funds held on the gift card, up to the total funds available on the gift
   card. Any unused balance will be placed in the recipient's gift card account
   and is not transferable. If you make a purchase and there are insufficient
   funds held on the gift card to cover that purchase, you must pay the
   difference by a valid credit card or debit card.
 * The risk of loss and title for gift cards pass to the purchaser upon our
   electronic transmission to the purchaser. We are not responsible for and will
   not replace lost or stolen gift cards. Protect your gift card as if it were
   cash and safeguard the gift card from authorized use.
 * Wayfair may provide gift card purchasers with information about the
   redemption status of gift cards.
 * Wayfair reserves the right to change these Terms from time to time in its
   discretion. Such revised terms will be effective as to any gift cards
   purchased after the date said revised Terms are posted to the Wayfair
   websites.
 * Resale of a gift card or use for unauthorized advertising, marketing,
   sweepstakes or other promotional purposes is strictly prohibited. Your right
   to use the funds on the gift card is a limited right, subject to these Terms
   and applicable law. We are not responsible for pricing, typographical, or
   other errors, in any offer and reserve the right to cancel any orders
   resulting from such errors.
 * If we suspect any fraud or misuse in connection with a gift card, we reserve
   the right in our discretion to suspend or terminate use of the gift card.
 * The consideration paid for the gift card, including any unredeemed balances,
   is the property of the Wayfair.
 * We do not currently collect or maintain any personally identifiable
   information regarding the purchasers of the Cards. However, we reserve the
   right to obtain personal information about you in accordance with the privacy
   policy found here if such information is necessary to service the Card or
   respond to your inquiries or for other purposes.
 * If any one or more of the covenants, agreements, provisions or terms of these
   Terms shall be for any reason whatsoever held invalid, then such covenants,
   agreements, provisions or terms shall be deemed severable from the remaining
   covenants, agreements, provisions or terms of these Terms shall in no way
   affect the validity or enforceability of the other provisions of these Terms.
 * These Terms sets forth the entire understanding of the parties relating to
   the subject matter hereof, and all prior understandings, written or oral, are
   superseded by these Terms. All terms and conditions set forth herein are
   applicable to the extent permitted by law.


WAYFAIR CREDIT CARD REWARDS PROGRAM TERMS


VERSION 1.17

EFFECTIVE SEPTEMBER 11, 2020

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WAYFAIR CREDIT CARD AND WAYFAIR MASTERCARD REWARDS PROGRAM TERMS (“TERMS”)

IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU,
ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US
ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION,
AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.
Please read these Terms carefully for important information about your rights
and obligations in the Wayfair Credit Card Rewards Program (“Program”). By
participating in the Program, you agree to these Terms.
In these Terms, “you” and “your” mean the Account holder. “We,” “our,” and “us”
mean Wayfair, LLC. (“Wayfair”). “Bank” means Citibank, N.A. ("Citibank") or its
assignees.
The Program is provided by Wayfair, LLC. Wayfair is solely responsible for the
Program operation and may withdraw the Program or change the Terms of the
Program at any time. The purpose of the Program is to reward customers for
certain uses of their Wayfair Credit Card, which includes the Wayfair, Joss &
Main, AllModern, and Birch Lane Mastercards (the "Wayfair Mastercard").
1. General Information; Definitions. The Program allows you to earn rewards on
the dollars you spend as described in Section 3 below, using your Wayfair Credit
Card and Wayfair Mastercard (your "Credit Card"). For qualifying purchases made
using your Credit Card, Wayfair Credit Card Reward Dollars will be added to your
Wayfair Credit Card Reward Account ("Account") and those Reward Dollars may be
selected and applied at checkout when you use your Credit Card on the following
Sites: www.wayfair.com, www.jossandmain.com, www.allmodern.com,
www.birchlane.com, and www.perigold.com (the “Sites”), and in our call centers
as described in Section 4 below.These Terms are separate and independent from
your Card Agreement (your “Card Agreement”), which governs the use of your
Credit Card. In the event of any conflict between these Terms and your Card
Agreement, these Terms will control in any matter relating to the Program. All
information collected about you in connection with the Program on all the Sites
is subject to our Privacy Policy. Purchases made on all Sites are subject to the
Sites Terms of Use. In the event that any Terms of Use conflict with these
Terms, these Terms will control.
2. Eligibility. We will automatically enroll you in the Program when the Bank
opens your Credit Card. You will remain enrolled in the Program as long as your
Credit Card is in Good Standing and we continue to offer the Program. “Good
Standing” means (1) your Credit Card is open to new charges and not over your
credit limit, (2) your Credit Card is not more than 60 days past due or
otherwise in default, (3) your Credit Card is not flagged as lost, stolen, or
fraudulent according to the Bank’s records, (4) your Credit Card is not in a
hardship or workout program, and (5) you are not subject to a credit counseling
arrangement relating to your Credit Card. We may withdraw the Program, deny, or
revoke your participation in the Program at any time for any reason.
3. Earning Wayfair Credit Card Reward Dollars. The Program is limited to earning
Wayfair Credit Card Reward Dollars for Net Eligible Purchases. Wayfair Credit
Card Reward Dollars earned on Net Eligible Purchases using your Credit Card will
be accumulated into one overall Wayfair Credit Card Reward Dollars total for
your Account. “Net Eligible Purchases” are purchases of goods and services using
your Credit Card and the Credit Card(s) of your Authorized User(s), if any,
minus any returns, refunds, discounts by using Rewards Dollars, promotions or
credit adjustments. Your Wayfair Credit Card Reward Dollars will be stored in
your Account in dollars and cents and rounded to the nearest cent. Wayfair
Credit Card Reward Dollars are not earned on, and the term “Net Eligible
Purchases” does not include: returns, refunds, credit adjustments, unauthorized
or fraudulent charges, charges that violate the terms of your Card Agreement,
balance transfers, convenience checks, cash advances or any other transaction
treated like a cash advance, interest, fees, and purchases where special
financing is applied.We have the right to deduct Wayfair Credit Card Reward
Dollars from your Account balance for charges that were not or do not remain Net
Eligible Purchases. If your Account balance goes negative, you must first earn
Wayfair Credit Card Reward Dollars to bring your Account balance to zero before
earning any Wayfair Credit Card Reward Dollars eligible for redemption. Wayfair
Credit Card Reward Dollars earned have no cash value and may not be used as
payment of any outstanding obligation to the Bank or its affiliates or to
Wayfair.
a. Wayfair Credit Card Reward Dollars for Net Eligible Purchases. You will earn
Wayfair Credit Card Reward Dollars for Net Eligible Purchases so long as your
Credit Card is in Good Standing.
i. For the Wayfair Credit Card: 5% on Net Eligible Purchases made with the
Wayfair Credit Card at the Sites.
ii. For the Wayfair Mastercard:
 * 5% on Net Eligible Purchases made with the Wayfair Mastercard at the Sites
 * For each Net Eligible Purchase made with the Wayfair Mastercard outside the
   Sites:
   * 3% on Net Eligible Purchases at grocery stores. Grocery stores are
     stand-alone merchants that primarily sell a complete line of food
     merchandise for home consumption. Grocery or food purchases made at
     convenience stores, gas stations, warehouse clubs, supercenters and
     discount stores may only receive 1%, not 3%, as determined by Wayfair in
     its discretion, due to merchant codes (as further described below) which
     are out of the control of the Bank or Wayfair.
   * 2% on Net Eligible Purchases made online. Online purchases are transactions
     made via a computer network. Purchases made through mobile/wireless
     technology may only earn 1%, not 2%, depending on how the technology is set
     up to process the purchase. We reserve the exclusive right to determine
     which purchases are eligible for additional Wayfair Credit Card Reward
     Dollars. Purchases made on our Sites will earn 5%, all other eligible
     online purchases made outside of our Sites will earn 2%.
   * 1% on all other Net Eligible Purchases with your Wayfair Mastercard.

For purchases not made on our Sites, merchants must submit charges under the
appropriate merchant code or industry code to be eligible as Net Eligible
Purchases in the different categories. Neither Wayfair nor Citibank determine
whether merchants appropriately identify all transactions made on a credit card,
but Wayfair does reserve the right to determine which purchases qualify for
Wayfair Credit Card Reward Dollars.

Wayfair Credit Card Reward Dollars you earn may not be combined with Wayfair
Credit Card Reward Dollars earned by anyone else (other than your Authorized
User(s), if applicable. Authorized user(s) Wayfair Credit Card Reward Dollars
are automatically added to the primary Account Holder’s Account total.

b. Special Financing. If special financing is available on an individual Net
Eligible Purchase at one of our Sites, you must choose between special financing
and earning Wayfair Credit Card Reward Dollars. If special financing is
selected, no Wayfair Credit Card Reward Dollars will be earned on that purchase.
You will be able to select from eligible options during checkout. All relevant
disclosures for special financing plans will be provided during checkout, prior
to purchase.
c. Rewards for Special Offers. From time to time, we may make special offers for
you to earn additional Wayfair Credit Card Reward Dollars on specific purchases.
The terms and conditions for such special offers (such as which purchases
qualify and the number of additional Wayfair Credit Card Reward Dollars you may
earn) will be disclosed at the time of offer. Please check those terms and
conditions carefully, as there may be important conditions or limitations (such
as blackout periods, reward limitations or exclusions). You may have to register
to qualify for the offer. Availability of any special offer is subject to change
without notice. Any such change or withdrawal will not affect bonus Wayfair
Credit Card Reward Dollars already earned. Your Net Eligible Purchase must be
completed and the transaction charged to your Credit Card during the special
offer period in order for you to earn the applicable bonus Wayfair Credit Card
Reward Dollars. During special offer periods, making a return in the same
transaction as your purchase may result in earning fewer Wayfair Credit Card
Reward Dollars because Wayfair Credit Card Reward Dollars are calculated off of
your Net Eligible Purchase (in this case, your purchase minus return).In the
event an offer is provided to make purchases using your Credit Card where a
minimum purchase amount is required, such amount shall be calculated after
applying any eligible discounts and excluding all rewards, fees (including
shipping fees) and taxes related to the purchase. Purchases where a special
discount has already been applied may be excluded from any such offers.
d. Posting of Wayfair Credit Card Reward Dollars Earned; Forfeiture. Wayfair
Credit Card Reward Dollars earned on purchases made at our Sites will be posted
to your Account balance under “My Account” on the Sites within 48 hours of when
the items purchased are shipped to you. Wayfair Credit Card Reward Dollars
earned on purchases not made on our Sites will be posted to your Account balance
after your billing cycle. At any time, we may verify and adjust your Account
balance based on our records and based on certain purchases not constituting, or
no longer constituting, Net Eligible Purchases. Wayfair Credit Card Reward
Dollars not redeemed will be carried over to the following statement
period.Except as otherwise provided by applicable law, you will forfeit all
unused Wayfair Credit Card Reward Dollars if you attempt to violate the
prohibitions on the transfer of Wayfair Credit Card Reward Dollars, if you file
for bankruptcy, or your participation in the Program is terminated or your
Credit Card is closed for any reason. You will also forfeit Wayfair Credit Card
Reward Dollars as described below and in Section 9. You will not receive any
compensation or new Wayfair Credit Card Reward Dollars for your Wayfair Credit
Card Reward Dollars that are forfeited. Wayfair Credit Card Reward Dollars may
not be sold, purchased, brokered, bartered, transferred or altered in any way by
you. Any attempted transaction of such sort will automatically be void. Anyone
engaging in such transactions will be liable for damages to us, including, but
not limited to consequential damages, third party damages, transaction costs,
attorney's fees and court costs. Any violation of these provisions will result
in termination of your eligibility to participate in the Program and forfeiture
of unused Wayfair Credit Card Reward Dollars.
e. Redeeming Wayfair Credit Card Reward Dollars. Your current amount of Wayfair
Credit Card Reward Dollars may be selected and applied at checkout when using
your Credit Card at our Sites or through our call center as long as your Credit
Card is in Good Standing. Wayfair Credit Card Reward Dollars are redeemable for
a specified dollar amount off qualifying purchases on the Sites. You can redeem
a maximum of $2,500 in Wayfair Credit Card Reward Dollars per month. We reserve
the right to change the amount required to earn Wayfair Credit Card Reward
Dollars or otherwise modify the Program at any time.In the event a return,
refund or credit adjustment results in a negative Account balance, the option to
redeem Wayfair Credit Card Reward Dollars may not be fulfilled. If the Wayfair
Credit Card Reward Dollars order is fulfilled and we later discover that you did
not have a sufficient balance of Wayfair Credit Card Reward Dollars in your
Account, in addition to any other actions we may take, this may result in a
negative Wayfair Credit Card Reward Dollars balance and future Wayfair Credit
Card Reward Dollars earnings will be applied to the negative balance until such
time as sufficient Wayfair Credit Card Reward Dollars are earned to cover the
negative balance. You will not be able to redeem Wayfair Credit Card Reward
Dollars until you again have a positive balance. Your My Account page on the
Sites will indicate your current Wayfair Credit Card Reward Dollars balance.You
may be required to use your Credit Card for any remaining balance when redeeming
Wayfair Credit Card Rewards. Wayfair Credit Card Reward Dollars are issued for
reward purposes only. Wayfair Credit Card Reward Dollars have no cash value.
Wayfair Credit Card Reward Dollars will not be honored retroactively in
connection with any prior purchases. Any additional exclusions or limitations
for use of Wayfair Credit Card Reward Dollars may be provided to you at time of
checkout.To the extent allowed by applicable law, we may cancel any earned or
outstanding Wayfair Credit Card Reward Dollars if we become insolvent, unable to
pay our debts when due, file an action under the U.S. Bankruptcy Code or have
such an action filed against us.
f. Communications, Program Activity and Customer Service. We may communicate
with you regarding any matter related to the Program by mail, telephone, or
electronic communication. You may update your contact information under Account
Settings on any of the Sites or by calling 1-866-513-5795. We are not
responsible for communications, including Wayfair Credit Card Rewards, lost due
to change of address or other contact information.You can view your Program
activity under your Account Balance on any of the Sites, which will show the
number of unused Wayfair Credit Card Rewards Dollars. If you want to know
whether your Wayfair Credit Card Rewards Dollars were properly redeemed, or you
want to ask any other question regarding the Program, call us at 1-866-513-5795.
g. Wayfair Credit Card Rewards Disputes. If Wayfair Credit Card Rewards Dollars
you believe were earned have not timely posted to your Account balance, you may
dispute your Account balance (“Rewards Dispute”) by calling 1–866–513–5795. If
you believe that a purchase made on your Credit Card should have resulted in the
addition of Wayfair Credit Card Rewards to your accumulated balance, and such
rewards are not reflected in the accumulated Wayfair Credit Card Rewards Dollars
balance within forty-five (45) days of the date on which the purchase posted to
your Credit Card (“Rewards Dispute”), notify us immediately. We will use
reasonable efforts to investigate your Rewards Dispute if you notify us within
90 days of the posting date. If you do not notify us within that period, you
waive your right to make a Rewards Dispute with respect to that purchase. We may
require you to provide written confirmation of the dispute and the applicable
purchase receipt and may decline to investigate further if you do not provide
the requested confirmation or a valid receipt. Upon completion of the
investigation, we will have no further responsibilities if you later reassert
the same Rewards Dispute. Please note that the dispute rights with respect to
your Credit Card under the Card Agreement do not apply to these Terms or to your
rights and remedies under these Terms, which are solely as set forth in these
Terms. Your sole and exclusive remedy, and our maximum liability to you, in the
event you prevail in a Rewards Dispute, is for us to credit the disputed Wayfair
Credit Card Rewards Dollars to your Account balance. Any questions or disputes
about your purchase is governed by your Card Agreement and should be directed to
the Bank.
h. Limited Liability. We may waive any obligation you have under these Terms
without losing our right at a later time to enforce that same obligation. We
will not lose any of our rights under these Terms if we delay taking action for
any reason. If we take any other action, we will not lose any rights under these
Program Terms.Unless otherwise required by law or our agreements with you,
neither Wayfair nor the Bank, nor any of our or its affiliates, officers,
directors, employees, service providers, or agents will be liable to you, or
anyone making a claim on your behalf, in connection with (a) any termination of,
change in, or suspension of the Program; (b) any claim relating to products
purchased using any Wayfair Credit Card Reward Dollars obtained through the
Program; (c) any loss, damage, expense or inconvenience caused by any occurrence
outside of our control; or (d) any taxes that you incur as a result of receiving
or redeeming Wayfair Credit Card Rewards Dollars. Notwithstanding the foregoing,
any liability that we or they may have to you in connection with the Program
shall be limited to the amount of any Wayfair Credit Card Reward Dollars you
have earned in accordance with these Terms.
i. No Warranties. The Bank does not: (a) endorse Wayfair Credit Card Reward
Dollars or products or services purchased at the Sites using Wayfair Credit Card
Reward Dollars; (b) make any express or implied warranty regarding Wayfair
Credit Card Reward Dollars or products or services purchased at the Sites; (c)
guarantee the performance of Wayfair Credit Card Reward Dollars or products or
services purchased on the Sites; or (d) offer, operate or control Wayfair Credit
Card Reward Dollars offered through this Program.
j. Changes. Subject to any requirements or limitations of applicable law, we may
at any time for any reason add to, change, limit, or terminate the Program or
these Terms. To the extent allowed by applicable law, (a) changes may apply
retroactively, and may affect outstanding transactions and Wayfair Credit Card
Reward Dollars, and may result in you involuntarily forfeiting Wayfair Credit
Card Reward Dollars you have earned, and (b) changes will not affect issued or
redeemed Wayfair Credit Card Reward Dollars except to the extent allowed by
applicable law.
k. Taxes. You are solely liable for any applicable taxes arising out of the
accrual or use of Wayfair Credit Card Reward Dollars. Consult your tax advisor
concerning such tax consequences.
l. Governing Law; Assignment. The Program and these Terms are governed by
federal law and, to the extent state law applies, the laws of the State of
Delaware, without any reference to its choice of law provisions. You may not
assign your rights or obligations under these Terms to any other person or
entity. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS ARISING FROM OR
RELATING TO THESE TERMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING.“Claim,” as used in these Terms means any claim, dispute or
controversy that in any way arises from or relates to these Terms.
m. Arbitration. Any dispute between you and Wayfair arising from or relating to
these Terms and their interpretation or the breach, termination or validity
thereof, the relationships which result from these Terms, including disputes
about the validity, scope or enforceability of this arbitration provision
(collectively, "Covered Disputes") will be settled by binding arbitration. Prior
to initiating any arbitration, the initiating party will give the other party at
least 60-days' advanced written notice of its intent to file for arbitration.
Wayfair will provide such notice by email to your e-mail address on file with
Wayfair and you must provide such notice by email to legal@wayfair.com.During
such 60-day notice period, the parties will endeavor to settle amicably by
mutual discussions any Covered Disputes. Failing such amicable settlement and
expiration of the notice period, either party may initiate arbitration. The
arbitrator will conduct any arbitration proceedings by telephone or
videoconference unless in-person appearances are requested by you or Wayfair and
approved by the arbitrator. Any in-person appearances will be held at a location
mutually agreed upon by you and Wayfair, or, in the absence of such agreement,
at a location determined by the arbitrator. The arbitrator will have the power
to grant whatever relief would be available in court under law or in equity and
any award of the arbitrator(s) will be final and binding on each of the parties
and may be entered as a judgment in any court of competent jurisdiction.
Arbitrator will apply applicable law and the provisions of these Terms and the
failure to do so will be deemed an excess of arbitral authority and grounds for
judicial review. Wayfair and you agree that any Covered Dispute hereunder will
be submitted to arbitration on an individual basis only. Neither Wayfair nor you
are entitled to arbitrate any Covered Dispute as a class, representative or
private attorney action and the arbitrator(s) will have no authority to proceed
on a class, representative or private attorney general basis. If any provision
of the agreement to arbitrate in this section is found illegal or unenforceable,
the remaining arbitration terms shall continue to be fully valid, binding, and
enforceable (but in no case will there be a class, representative or private
attorney general arbitration). These Terms and related transactions will be
subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)
and, where otherwise applicable, as set forth in Section 11 hereof.
n. Entire Agreement; Severability; Conflicts; No Waiver. These Terms contain the
entire agreement between you and us regarding the Program, and supersede any
previous terms and conditions governing the Program we may have provided to you.
The Program is not available where and to the extent prohibited by law. If any
part of these Terms conflict with applicable law, that provision will be deemed
severed from these Terms and the remainder of the Terms will remain in effect.
We will not lose our rights under these Terms because we delay or do not enforce
them. All waivers of any of these Terms by us must be in a writing executed by
someone with authority to bind us.


WAYFAIR PROFESSIONAL CREDIT CARD REWARDS PROGRAM TERMS


VERSION 1.1

EFFECTIVE JULY 10, 2022

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SUMMARY OF CHANGES

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TABLE OF CONTENTS

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WAYFAIR PROFESSIONAL CREDIT CARD REWARDS PROGRAM TERMS (“TERMS”)

These Rewards Terms (the “Rewards Terms”) apply to the Wayfair Professional
Credit Card issued by Capital One, N.A. ("Capital One" or "Bank"). These Rewards
Terms are in addition to those set forth in your Customer Agreement governing
your Wayfair Professional Credit Card Account (your "Account"). Your Customer
Agreement remains in full force and effect and is unaffected by these Rewards
Terms. Any capitalized terms not defined herein shall have the meaning as set
forth in the Customer Agreement.
Important note: These Rewards Terms apply to any disputes you may have with
respect to the Wayfair Professional Credit Card Rewards Program ("Rewards
Program"). Any disputes between you and Capital One related to your Account are
governed by your Customer Agreement with Capital One. These Rewards Terms are
subject to the arbitration provision included in the Rewards Terms that limit
our liability to you, require you to resolve disputes with us on an individual
basis and not as a part of any class or representative action, and through final
and binding arbitration. Please read these Rewards Terms carefully for important
information about your rights and obligations in the Rewards Program. By
participating in the Rewards Program, you agree to these Rewards Terms.
Earning Wayfair Professional Credit Card Reward Dollars. Wayfair Professional
Credit Card Reward Dollars can be earned on Net Eligible Purchases with Wayfair
and associated Wayfair brand websites ("Sites"), including jossandmain.com,
birchlane.com, allmodern.com, and perigold.com.
Net Eligible Purchases are purchases of goods and services using your Wayfair
Professional Credit Card account. Net Eligible Purchases include purchases made
by Authorized Purchasers, minus any returns, refunds, discounts by using your
earned points, promotions or credit adjustments. Reward Dollars will be
accumulated as dollars and cents, rounded to the nearest cent, at the account
level. Wayfair Reward Dollars are not earned on, and the term Net Eligible
Purchases does not include: returns, refunds, credit adjustments, unauthorized
or fraudulent charges, charges that violate the terms of your Customer Card
Agreement, interest fees, shipping and freight, and purchases where special
financing is applied. We have the right to deduct Wayfair Professional Credit
Card Reward Dollars for charges that were not or do not remain Net Eligible
Purchases. As a result, if your Reward Dollar balance becomes negative, you must
first earn Reward Dollars to bring your balance to zero before being eligible to
redeem. Reward Dollars cannot be used to meet minimum payment obligations to
Capital One or its affiliates. Account credits lower your account balance, but
do not count toward your minimum monthly payment obligation.
You cannot earn Reward Dollars using any other Wayfair Professional financing
solution including the Wayfair Professional Flex Account. Reward Dollars will
begin accruing after you are approved for a Wayfair Professional Credit Card and
will not be provided retroactively.
Wayfair Professional Credit Card Reward Dollars for Net Eligible Purchases. You
will earn 2% Reward Dollars for Net Eligible Purchases as long as your Wayfair
Professional Credit Card account is in good standing meaning not closed,
suspended, restricted, delinquent, or otherwise in default.
Special Financing. If special financing is available on an individual Net
Eligible Purchase at Wayfair or one of our Sites, no Reward Dollars will be
earned on that purchase. All relevant disclosures for special financing plans
will be provided during checkout, prior to purchase.
Rewards for Special Offers. From time to time, we may make special offers for
you to earn additional Reward Dollars on specific Net Eligible Purchases. The
terms and conditions for such special offers (such as which purchases qualify
and the number of additional Reward Dollars that can be earned) will be
disclosed at the time of offer. Please check those terms and conditions
carefully, as there may be important conditions or limitations (such as blackout
periods, reward limitations or exclusions). You may have to register to qualify
for the offer. Any such change or withdrawal will not affect any additional
Reward Dollars already earned. Your Net Eligible Purchases must be completed,
and the transaction charged to your Wayfair Professional Credit Card Account,
during the special offer period in order for you to earn the applicable bonus
Reward Dollars. During special offer periods, making a return in the same
transaction as your purchase may result in earning fewer Reward Dollars because
Reward Dollars are calculated off of your Net Eligible Purchases (in this case,
your purchase minus return). In the event an offer is provided to make purchases
using your Wayfair Professional Credit Card where a minimum purchase amount is
required, such amount shall be calculated after applying any eligible discounts
and excluding all rewards, fees (including shipping fees) and taxes related to
the purchase. Purchases where a special discount has already been applied may be
excluded from any such offers.
Posting of Wayfair Professional Credit Card Reward Dollars Earned; Forfeiture.
Reward Dollars earned on Net Eligible Purchases made at Wayfair.com and our
Sites will be added to your Rewards balance under "My Account" on Wayfair.com
within 48 hours of when the items purchased are shipped to you. Except as
otherwise provided by applicable law, you will forfeit all unused Reward Dollars
if you attempt to violate the prohibitions on the transfer of Reward Dollars, if
you file for bankruptcy, or your participation in the Wayfair Professional
Credit Card program is terminated or your account is closed for any reason. You
will also forfeit Reward Dollars as described below. You will not receive any
compensation or new Reward Dollars for any forfeited Reward Dollars. Reward
Dollars may not be sold, purchased, brokered, bartered, transferred or altered
in any way by you. Any attempted transaction of such sort will automatically be
void. Anyone engaging in such transactions may be liable for damages to us,
including, but not limited to consequential damages, third party damages,
transaction costs, attorney's fees and court costs. Any violation of these
provisions will result in termination of your eligibility to participate in the
Rewards Program and forfeiture of unused Reward Dollars.
Redeeming Wayfair Professional Credit Card Rewards Dollars. Wayfair Reward
Dollars may only be redeemed by account holders. Reward Dollars are valid for
the life of the account and can be redeemed at any point as long as your account
is active and in good standing. You may apply available Reward Dollars at the
time of checkout when you use your Wayfair Professional Credit Card. We reserve
the right to change the amount required to earn Reward Dollars or otherwise
modify the Rewards program at any time. In the event that a return, refund or
credit adjustment results in a negative Reward Dollars balance, any future
Reward Dollars earned must be applied to the negative balance before you can
redeem. If, by chance, your Reward Dollars are redeemed from a negative balance,
any earned Reward Dollars must be applied to the balance, before redeeming,
until it is no longer negative. All redemptions of Reward Dollars are final.
Any additional exclusions or limitations for use of Reward Dollars may be
provided to you at time of checkout. To the extent allowed by applicable law, we
may cancel any earned or pending Reward Dollars if we become insolvent, unable
to pay our debts when due, file an action under the U.S. Bankruptcy Code or have
such an action filed against us.
Communications, Program Activity and Customer Service. We may communicate with
you regarding any matter related to your Rewards Dollars via mail, telephone,
text or SMS, or electronic communication. You may update your contact
information under Account Settings on any of the Sites or by calling
1-866-513-5795. We are not responsible for communications related to the Rewards
Program that are lost due to change of address or other incorrect contact
information. If you want to know whether your Rewards Dollars were properly
redeemed, or you want to ask any other question regarding the Rewards Program,
call Wayfair at 1-866-513-5795.
Wayfair Professional Credit Card Rewards Disputes. If Reward Dollars you believe
were earned have not been timely posted to your account, you may file a dispute
("Rewards Dispute") by calling Wayfair at 1-866-513-5795. If you believe that a
purchase(s) made using your Wayfair Professional Credit Card should have
resulted in earned rewards, and such rewards are not reflected in your Rewards
balance within forty-eight (48) hours of when the items purchased are shipped to
you, please contact us. We will use reasonable efforts to investigate your
Rewards Dispute if you notify us within 90 days of the shipping date. If you do
not notify us within that period, you waive your right to make a Rewards Dispute
with respect to that purchase. We may require you to provide written
confirmation of the dispute, the applicable purchase receipt, and other
documentation related to the dispute. If you do not respond to our requests or
submit a timely response, we will investigate and decide your dispute based on
the information we have. Please note that the Rewards Dispute process is solely
set forth in these terms and not your Wayfair Professional Credit Card Customer
Agreement. Any questions or disputes about your Wayfair Professional Credit Card
purchases are governed by your Customer Agreement and should be directed to
Capital One.
Non-Waiver and Limited Liability. We may waive any obligation you have under
these Rewards Terms without losing our right at a later time to enforce that
same obligation. We will not lose any of our rights under these Rewards Terms if
we delay taking action for any reason. If we take any other action, we will not
lose any rights under these Rewards Terms. Unless otherwise required by law or
our agreements with you, neither Wayfair nor Capital One, nor any of our or its
affiliates, officers, directors, employees, service providers, or agents will be
liable to you, or anyone making a claim on your behalf, in connection with (a)
any termination of, change in, or suspension of the Rewards Program; (b) any
claim relating to products purchased using any Reward Dollars obtained through
the Rewards Program; (c) any loss, damage, expense or inconvenience caused by
any occurrence outside of our control; or (d) any taxes that you incur as a
result of receiving or redeeming Wayfair Credit Card Rewards Dollars.
Notwithstanding the foregoing, any liability that we or they may have to you in
connection with the Program shall be limited to the amount of any Reward Dollars
you have earned in accordance with these Rewards Terms.
No Warranties. Capital One does not: (a) endorse Reward Dollars or products or
services purchased at the Sites using Wayfair Rewards Dollars; (b) make any
express or implied warranty regarding Reward Dollars or products or services
purchased at the Sites; (c) guarantee the performance of Reward Dollars or
products or services purchased on the Sites; or (d) offer, operate or control
Reward Dollars offered through this Rewards Program.
Changes. Subject to any requirements or limitations of applicable law, we may at
any time for any reason add to, change, limit, or terminate these Rewards Terms.
To the extent allowed by applicable law, (a) changes may apply retroactively,
and may affect outstanding transactions and Reward Dollars, and may result in
you involuntarily forfeiting Reward Dollars you have earned, and (b) changes
will not affect issued or redeemed Reward Dollars except to the extent allowed
by applicable law.
Taxes. You are solely liable for any applicable taxes arising out of the accrual
or use of Wayfair Credit Card Reward Dollars. Consult your tax advisor
concerning such tax consequences.
Governing Law; Assignment. The Wayfair Professional Reward Dollars Program and
these Rewards Terms are governed by federal law and, to the extent state law
applies, the laws of the State of Delaware, without any reference to its choice
of law provisions. You may not assign your rights or obligations under these
Rewards Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US
MAY BRING CLAIMS ARISING FROM OR RELATING TO THESE REWARDS TERMS ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE ACTION OR PROCEEDING. "Claim," as used in these Rewards Terms,
means any claim, dispute or controversy that in any way arises from or relates
to these Rewards Terms.
Arbitration. Any dispute between you and Wayfair arising from or relating to
these Rewards Terms and their interpretation or the breach, termination or
validity thereof, the relationships which result from these Rewards Terms,
including disputes about the validity, scope or enforceability of this
arbitration provision (collectively, "Covered Disputes") will be settled by
binding arbitration. Prior to initiating any arbitration, the initiating party
will give the other party at least 60-days' advanced written notice of its
intent to file for arbitration. Wayfair will provide such notice by email to
your e-mail address on file with Wayfair and you must provide such notice by
email to legal@wayfair.com. During such 60-day notice period, the parties will
endeavor to settle amicably by mutual discussions any Covered Disputes. Failing
such amicable settlement and expiration of the notice period, either party may
initiate arbitration. The arbitrator will conduct any arbitration proceedings by
telephone or videoconference unless in-person appearances are requested by you
or Wayfair and approved by the arbitrator. Any in-person appearances will be
held at a location mutually agreed upon by you and Wayfair, or, in the absence
of such agreement, at a location determined by the arbitrator. The arbitrator
will have the power to grant whatever relief would be available in court under
law or in equity and any award of the arbitrator(s) will be final and binding on
each of the parties and may be entered as a judgment in any court of competent
jurisdiction. Arbitrator will apply applicable law and the provisions of these
Terms and the failure to do so will be deemed an excess of arbitral authority
and grounds for judicial review. Wayfair and you agree that any Covered Dispute
hereunder will be submitted to arbitration on an individual basis only. Neither
Wayfair nor you are entitled to arbitrate any Covered Dispute as a class,
representative or private attorney action and the arbitrator(s) will have no
authority to proceed on a class, representative or private attorney general
basis. If any provision of the agreement to arbitrate in this section is found
illegal or unenforceable, the remaining arbitration terms shall continue to be
fully valid, binding, and enforceable (but in no case will there be a class,
representative or private attorney general arbitration). These Rewards Terms and
related transactions will be subject to and governed by the Federal Arbitration
Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, as set forth in
Section 11 hereof.
Entire Agreement; Severability; Conflicts; No Waiver. These Rewards Terms
contain the entire agreement between you and Wayfair regarding the Rewards
Program, and supersede any previous terms and conditions governing the Rewards
Program we may have provided to you. The Rewards Program is not available where
and to the extent prohibited by law. If any part of these Rewards Terms conflict
with applicable law, that provision will be deemed severed from these Rewards
Terms and the remainder of the Rewards Terms will remain in effect. We will not
lose our rights under these Rewards Terms because we delay or do not enforce
them. All waivers of any of these Rewards Terms by us must be in a writing
executed by someone with authority to bind us.


INTEREST-BASED ADVERTISING


VERSION 1.8

EFFECTIVE JUNE 20, 2022

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TABLE OF CONTENTS

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INTEREST-BASED ADVERTISING

On Wayfair LLC owned and operated sites, including Wayfair, Joss & Main,
AllModern, Birch Lane and Perigold (“Wayfair”, “we” or “us”), as well as
unaffiliated sites and properties, we may display tailored interest-based
advertising. Interest-based ads, also sometimes referred to as personalized or
targeted ads, are displayed to you based on information from activities such as
purchasing on our sites, visiting sites that contain Wayfair content or ads,
interacting with Wayfair tools, or using our payment services. We do this using
a variety of digital marketing networks and ad exchanges, and we use a range of
advertising technologies like web beacons, pixels, ad tags, cookies, and mobile
identifiers, as well as specific services offered by some sites and social
networks, such as Facebook's Custom Audience service.
You can opt out of receiving certain third-party interest-based ads, or learn
more about behavioral advertising, by visiting www.aboutads.info/choices. Please
note that if you opt out of behavioral advertising, you will still see
advertisements - they will just not be tailored to your interests. Also note
that deleting browser cookies can remove the prior cookie preferences you have
made, so you may need to opt out again.

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