We do not knowingly collect any Personal Information from children under 13 without prior verifiable parental consent. If Wayfair learns that a child under the age of 13 has submitted Personal Information (defined below) online without parental consent, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Information, please contact us here.
Information We Collect
We collect the following information, including:
Personal Information You Share with Us: “Personal Information” is information that can personally identify you, such as your name, email address and telephone number. We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Service. Personal Information that we collect depends on how you use the Service. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of certain features of the Service; and
Information We Collect Automatically: When you visit the Service, we may automatically collect identifier and other technical information, such as your browser information, operating system information, device information, TCP-IP address and the date, time, length of stay and specific pages accessed during your visits to the Service (“Online Information”).
Registering for the Service
If you register to use the Service, we may collect Personal Information including your name, email address, and telephone number.
If you register for the Service by connecting through another service (such as a social media or email account), you are authorizing us to use public information from that connected account to help complete your Wayfair profile. Please remember that the manner in which the service uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that service, including its privacy and data gathering practices. Wayfair shall have no liability or responsibility for the privacy practices or other actions of any third-party service provider or any other third-party site or service that may be enabled within the Service.
You may review, update, or modify your account information, including profile and contact information, at any time by logging into your Wayfair account. You may permanently delete your Wayfair.com, JossandMain.com, AllModern.com, Birch Lane.com and Perigold.com accounts by contacting us here.
Online Identification Tools
Like many website providers, we use your IP address to help diagnose problems with our server and provide a better web experience. Your IP address is used to help identify you and your shopping cart and gather Online Information.
We use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize your experience of the Service and to generate information about Service traffic and trends. Web beacons collect Online Information, such as the type of browser that you use and your IP address. Web beacons may be used alone or in conjunction with cookies; when web beacons are used with cookies, they may link Online Information to other Personal Information that you have provided to us. Web beacons usually are not visible to you.
Wayfair offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from Wayfair. Click here to opt out of certain interest-based advertisements that use Wayfair’s cookies.
You may also “opt out” of receiving some third-party interest-based advertisements by following the instructions at www.aboutads.info/choices orwww.networkadvertising.org/choices. (An “opt-out cookie” will be placed on your computer indicating that you do not want to receive interest-based advertisements. If you delete cookies on your computer, you will need to opt-out again.)
Opting out of receiving interest-based advertisements through the links above does not mean you will no longer see digital advertisements from Wayfair or our ad management partners; rather, opting out means that most of the digital advertisements that you do see will not be based on your particular interests. In addition, certain data collection tools on the Service (including cookies) still may collect information about your use of the Service, such as for analytics and fraud prevention.
How We Respond to Do Not Track Signals
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many digital service operators, including Wayfair, do not recognize or respond to DNT signals.
Third Party Features
Use of Service via Mobile Device
If you use the Service through your mobile device, we may collect your geo-location information to assist us in fulfilling your order. We will not share this information with third parties and will only use this information for the sole purpose of fulfilling your order. You may at any time prevent the Service from using your location by turning this option off at the device level.
When you use the Service through your mobile device, we also collect device type and UUID, a unique identifier generated within the App, and store this information in log files. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.
We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.
How Your Personal Information is Used, Processed and Disclosed
send information to customers about orders;
fulfill your orders;
process and collect your payments;
administer “Wayfair Rewards” and other customer loyalty programs;
send you promotional marketing material about Wayfair’s company and partners;
produce content for our activity feed feature;
customize, analyze, adjust and improve the Service to better meet your needs;
execute a sweepstakes, contest or other promotion;
enforce Wayfair’s agreements with you;
prevent fraud and other prohibited or illegal activities; and
comply with potential requests of law enforcement or data protection agencies.
When possible, Online Information may be combined and/or linked to other Personal Information that you provided to us, in accordance with the purposes specified above.
We may use your deidentified Personal Information and Online Information to prepare anonymized, aggregated data about our users (“Anonymized Data”). We may provide third parties with Anonymized Data in describing the Service to prospective partners, advertisers and other third parties, and for all other lawful purposes. As communicated to third parties, the Anonymized Data does not include any information permitting the recipient to identify, locate or contact you.
Third Party Service Providers
Wayfair employs other companies and individuals to perform functions on our behalf, such as fulfilling orders, delivering packages, sending postal mail and e-mail, serving ads on our behalf, providing search results and links, and processing credit card payments. These third-party service providers have access to Personal Information needed to perform their functions but may not use it for any other purpose.
Acquisition of Wayfair
In the event that a store, division or part or all of Wayfair (or the assets of a Wayfair entity) is bought, sold or otherwise transferred, or is in the process of a potential transaction, customer information will likely be shared for evaluation purposes and included among the transferred business assets.
Information Sharing for Marketing Purposes
To provide you with information about products and services that may be useful to you, we may partner with select reputable organizations whose privacy policies we believe are consistent with ours. Such organizations may include other retailers and magazine publishers. Through these arrangements, we may share, exchange, cross-reference and/or rent your name and mailing address.
If you do not want us to share your Personal Information with third parties for marketing purposes, please contact us here. Immediately after your request has been processed, your information will no longer be shared with any third party for marketing purposes.
Blogs, Reviews and Forums
The Service also may from time to time offer publicly-accessible blogs, customer 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 Personal Information from blogs, customer reviews or forums, please contact us here. Please note that in some cases we may be unable to remove your Personal Information.
You may choose to invite someone else to use the Service by providing his or her name and email address. We may use this information to send invitations to such individuals, to track the results of such invitation referrals, and to confirm qualifying orders attributable to your registered account. Anyone who receives an email invitation to use the Service may opt out of receiving such emails in the future by following the opt-out instructions in the email. We take commercially reasonable steps to implement all opt-out requests promptly, but those who opt out may still receive communications from us as we process the opt-out request, or as required for order processing and other purposes.
Retention of Personal Information
Accessing and Updating Your Personal Information and Preferences
Modifying or Deleting Your Personal Information
If you would like to modify or delete your Personal Information, please contact us here with clear instructions about what you would like to be modified or deleted. We will respond to your request promptly.
Changing Your Subscription Preferences
If you tell us that you do not want us to use your Personal Information to contact you, Wayfair will respect your wishes. If you are a registered user, you may change your preferences to receive or not to receive email or other communications from us by logging in to your account and indicating those preferences on the “My Account” section of our Service.
You may also instruct Wayfair to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in the email. Wayfair may, however, continue to use your Personal Information to contact you to service your account or as otherwise authorized by law. Please note that if you use more than one name or e-mail address when communicating with Wayfair or using the Service, you may continue to receive communications from Wayfair to any name and/or email address not specified in your opt-out request.
Information for Visitors from California and Outside of the United States
Your California Privacy Rights
Right to Removal of Posted Information–California Minors
If you are under 18 years of age, reside in California, and have a registered account with Wayfair, you have the right to request removal of unwanted information that you publicly post on the Service. To request removal of such information, you can contact Wayfair as provided below. Upon receiving such a request, Wayfair will make sure that the information is not publicly available on the Service, but the information may not be completely or comprehensively removed from our systems and databases.
Visitors from Outside of the United States
We have instituted reasonable safeguards to help ensure that information collected is secure. We also take reasonable steps to ensure that third parties who work with us to make the Site (including the software, applications and services provided on the Site) available to you agree to protect personal information that they must access in order to serve you and to honor your preferences about contacts you receive.
When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Sites, your sensitive information is encrypted and protected with SSL, the current industry-standard encryption protocol. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select “Properties”.) These secure SSL-encrypted pages have URLs that start with “https://” instead of “http://”.
If you have any questions about security of the Site, please contact us here.
Attention: Legal Department
4 Copley Place, Floor 7
Boston, MA 02116
Last Updated: May 17, 2018
Welcome to Wayfair!
Privacy & Security
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.
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.
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.
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.
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.
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.
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. 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.
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 the 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.
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.
Wayfair Rewards Program
Links to Other Websites
Mobile Devices and Mobile Applications
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Wayfair. 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 can incur any mobile message or data charges. 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. 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.
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.
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.
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.
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.
YOU AND WAYFAIR AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
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.
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.
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.
If you have questions, comments or complaints about these Terms or the Sites, please contact us here. (please reference “Questions about the Sites”).
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
4 Copley Place, Floor 7
Boston, MA 02116
Email: Email Us. (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.
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
4 Copley Place, Floor 7
Boston, MA 02116
Email: Email Us. (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
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.
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.
There are three membership tiers within the Wayfair Professional Program, and each tier provides different services and benefits to Program Members. The first tier is the Wayfair Professional tier, the second tier is the Wayfair Professional Gold tier, and the third tier is the Wayfair Professional Platinum tier. A Program Member will be automatically placed within the Wayfair Professional tier upon enrollment in the Wayfair Professional Program. A Program Member will be upgraded to the Wayfair Professional Gold tier when such Program Member spends an aggregate of $3,000.00 on eligible goods and/or services (exclusive of any returns, refunds, discounts, credit adjustments or promotions) during any calendar year. A Program Member will be upgraded to the Wayfair Professional Platinum tier when such Program Member spends an aggregate of $15,000.00 on eligible goods and/or services (exclusive of any returns, refunds, discounts, credit adjustments or promotions) during any calendar year. Once achieved, the applicable Wayfair Professional tier status is maintained for the remainder of the then current calendar year and the entirety of the next succeeding calendar year (the “Eligibility Period”). To maintain Wayfair Professional Gold status after the expiration of the initial Eligibility Period, a Wayfair Professional Program Member will need to spend an aggregate of $3,000.00 on eligible goods and/or services during the then current calendar year. To maintain Wayfair Professional Platinum status after the expiration of the initial Eligibility Period, a Wayfair Professional Program Member will need to spend an aggregate of $15,000.00 on eligible goods and/or services during the then current calendar year.
Wayfair will determine, in its sole discretion, whether a Program Member is eligible for Wayfair Professional Gold or Platinum status. Please see this for additional details on membership tiers and eligible spend calculations.
Wayfair Design Services Terms
Last Updated: August 29, 2018
We may from time to time offer or make available interior design services (“Design Services”) to certain of our customers. The general terms and conditions applicable to Design Services are as set forth herein (the “Design Services Terms”). Supplements to the Design Services Terms may also be delivered during the checkout or quote process. Wayfair reserves the right, at any time and in its sole discretion, to change the Design Services Terms.
By using Design Services, you certify that you are at least 18 years of age and acknowledge and agree that you are solely responsible for your decisions made on or through the Sites in connection with Design Services.
Among other things, our Design Services platform may connect you with third-party interior designers (“Designers”) who will provide Design Services. Such Designers are independent contractors and not employees of Wayfair, and you acknowledge and agree that Wayfair does not supervise, direct, control, or monitor such Designers, that Wayfair is not responsible for the performance of such Designers, and that Wayfair has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Design Services conducted by such Designers. We make no guarantee that we will be able to match you with a Designer.
YOU AGREE THAT ALL SERVICES AND PRODUCTS ASSOCIATED WITH DESIGN SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WAYFAIR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT AND PRODUCTS ASSOCIATED WITH THE DESIGN SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH DESIGN SERVICES. WAYFAIR MAKES NO REPRESENTATIONS THAT DESIGN SERVICES SHALL CONFORM TO ANY SPECIFICATIONS, UNLESS OTHERWISE STATED. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH DESIGN SERVICES.
MyWay Program Terms
Last Updated: October 8, 2018
The MyWay Program (the “MyWay Program”) is a paid membership program exclusively for users of the Sites who have enrolled in the MyWay Program in accordance with the terms hereof (“Program Members”). The MyWay Program is designed to provide Program Members with additional benefits and exclusive services and savings. MyWay Program benefits are valid at Wayfair.com, Jossandmain.com, Birchlane.com, and Allmodern.com and certain product and service exclusions may apply.
The MyWay Program has an annual membership fee (the “Membership Fee”) that is non-refundable. Wayfair may, in its sole and absolute discretion, change the Membership Fee from time to time. The Membership Fee will renew automatically each year on or about the annual anniversary of your enrollment date (unless otherwise cancelled prior) (the “Renewal Date”). Unless you notify Wayfair that you wish to cancel your membership or that you otherwise do not wish to renew your membership on the Renewal Date, your MyWay Program membership will automatically continue for another year and you understand, and expressly authorize Wayfair (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee and any applicable taxes using any payment method on file. If you opt-in to email reminders, Wayfair will send you a renewal reminder prior to the expiration of the then-current membership term. Renewal reminders will include the then-applicable Membership Fee and instructions on how to cancel your membership to avoid any future charge.
If you wish to opt out of auto-renewal, you may do so through My Account at any time.
MyWay Program benefits cannot be used in conjunction with any other promotions or corporate, employee or group discounts, unless specifically stated otherwise in the applicable promotion or discount. Certain products and services may also be excluded from MyWay Program benefits from time to time in Wayfair’s sole discretion.
The MyWay Program is for individual consumers only and is not available to any company or business entity. If you are a company or business entity, please refer to details about our Wayfair Professional Program.
Wayfair may offer customers free trial memberships (“Free Trials”) which are subject to these Program Terms. Free Trial eligibility is determined by Wayfair at its sole discretion. At the end of the Free Trial period, you will be automatically enrolled in the MyWay Program and charged the Membership Fee. You may cancel your membership before the end of the Free Trial period by accessing the My Account page.