Last Updated: July 12, 2023
Welcome to Decorify by Wayfair!
Wayfair LLC and its subsidiaries and affiliates, including Wayfair Illinois LLC ("Wayfair", "we", "us" or "our"), provide website features, including but not limited to interior design and furnishing services, and other product and service recommendation services to you when you visit or shop our Decorify Beta website (including mobile websites) (the “Services”), or use our software in connection with any of the foregoing, in each case subject to your compliance with these Décorify Terms of Use and the Wayfair Sites (as defined below) Terms of Use. Our Decorify websites and applications includes www.wayfairnext.com/decorify and other websites under the Wayfair Decorify brand name (the “AI Sites”). Wayfair further owns and operates a family of websites linked to by the AI Sites, such family of websites including: 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"). Each of the AI Sites and the Sites have their own applicable terms. These Terms of Use apply to the AI Sites.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE AI 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 AI Sites and Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. You may not use the Services if you are less than 13 years old. If you are under 18, you must have permission from your parent or legal guardian to use the Services. If you are using the Services on behalf of a third party, including if you are uploading images or associated content to the AI Sites on behalf of a third party, you must have the authority to accept these Terms on their behalf. If you do not agree to these Terms of Use or if you are not legally competent or if you do not have permission 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.
Wayfair reserves the right, at any time, to change these Terms of Use, our Privacy Policy, our Acceptable Use Policy, the Third Party Terms and Conditions, (collectively, the “Terms”) and/or the AI Sites. Changes, however, shall not apply retroactively to claims for which you or Wayfair have given notice. Your use of the AI Sites following any such change constitutes your agreement to follow and be bound by the Terms as revised. As is specific to the AI Sites only, the revised Terms supersede all previous versions, notices or statements regarding the AI Sites. If we request, you agree to sign a non-electronic version of these Terms.
We will notify you of any change to these Terms by any reasonable means, such as by updating the "Last Updated" date at the top of the applicable portion of the Terms.
The AI Sites contain valuable trademarks and service marks owned and used by Wayfair and its affiliates, such trademarks and service marks including but not limited to, Wayfair, the Wayfair design logo, the pinwheel, the composite pinwheel and Wayfair design mark, Decorify wordmark, the Decorify design mark, 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 AI 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 "AI Site Content"), are the sole and exclusive property of Wayfair. The AI Sites and the AI Site Content further contain valuable subject matter protected by patent applications, or patents, as the case may be (collectively, the “Wayfair Patents and Inventions”).
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE AI SITES IS PROHIBITED.
UNAUTHORIZED MAKING, USING, SELLING, OR OFFERING FOR SALE OF SUBJECT MATTER ON THE AI SITES, THE SERVICES, OR THE AI SITE CONTENT MAY BE AN INFRINGEMENT OF WAYFAIR PATENTS AND INVENTIONS 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 AI 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 AI Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy.
From time to time, the AI Sites permit the submission of content, including but not limited to images, snapshots, screenshots, video samples, or otherwise, as well as the submission of content such as comments, blogs and product reviews, generated by you and other users ("User Content" or “Input”).
You are solely responsible for your own User Content and the consequences of posting or publishing it. You agree that any User Content or other material, information or ideas that you submit to or post or publish on the AI 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 AI Sites a non-exclusive license to access your User Content through the AI 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 AI Sites under these Terms of Use.
Wayfair may on the AI Sites receive your Input, apply the Services to your Input, and then receive output generated and returned by the Services based on the Input (“Output”). As between the Parties, Wayfair has all right, title and interest in and to the Output. Subject to Your compliance with these Terms, Wayfair hereby grants to You a non-exclusive, limited license to the Output for further use on the AI Sites, receiving further Services on the AI Sites, and sharing the Output on the AI Sites or on other social media websites or applications in a manner consistent with our Acceptable Use Policy. To the extent you are in violation of these Terms and your violation results in Output that is inconsistent with the Acceptable Use Policy, your limited license to share the Output is terminated immediately upon such violation.
Wayfair may at its discretion use your User Content to further develop or generate improvements to the Services, to learn and assess the suitability of the currently offered Services, or to learn about the users who have submitted User Content. In some instances, assessment of the User Content and the Output may be used to improve the model used to facilitate the Services. If you do not wish for your User Content to be used to improve the Services, do not use the Services or the AI Sites.
Although the potential combinations and results in the form of Output will likely vary across users and depend upon Input, it is possible that the Services may yield on certain occasions similar Output (“Similar Output”). Similar Output may, although it is unlikely, be generated from similar Input, or based on Input images of the same environment included in multiple pieces of User Content submissions. In such cases Similar Output is nonetheless owned by Wayfair, and the Similar Output is only available under license to the party that submitted the Input corresponding to the Similar Output.
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 AI Sites. Wayfair has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the AI Sites for any reason, including but not limited to a User’s failure to comply with Wayfair’s Acceptable Use Policy. Wayfair takes no responsibility for User Content.
The AI 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 AI Sites or link to the AI 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. Wayfair is not responsible for third party products or services. For the avoidance of doubt, the Sites (as defined herein) are not Other Sites.
If you use a mobile device to access pages of the AI 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 AI 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 associated with the AI Sites. 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 [email protected] (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 AI 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.
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, including User 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. To the extent you offer communications including feedback, questions, comments, suggestions, and the like, Wayfair may use such materials without restriction and without offering any compensation.
You agree to defend, indemnify, and hold Wayfair, its affiliates, its personnel, its agents and licensors harmless from and against any claim, losses, expenses (including attorneys’ fees), or demand, made by any third party relating to or arising out of (i) your use of the AI Sites, including any User Content you submit, post to or transmit through the AI Sites, and your user of products you acquire through the AI Sites or Sites, (ii) your use of the Services, (iii) your violation of these Terms of Use, (iv) your violation of any rights of another user, or (v) your failure to comply with applicable laws or the Acceptable Use Policy.
Wayfair intends for the information and data contained in the AI 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 Output, the Services, AI 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.
The AI Sites use non-production and beta technology, and may on occasion provide to you inaccurate, impossible, incomplete, or offensive content as Output that do not represent Wayfair’s views.
Before relying on the AI Sites or Output from the AI Sites, you should use discretion and independent analysis and consideration of the Output provided on the AI Sites.
Do not rely on the AI Sites for medical, legal, financial, professional decorating, or other professional advice (“Disclaimed Professional Activities”). For example purposes only, the dimensions shown or suggested by the Output or the Services may include content such as furniture or furnishing options. Such furniture or furnishing options proposed on the AI Sites may not be representative of the actual dimensions of the space shown in the Input, such as the original image. The furnishing or décor suggestions shown on the AI Sites may also require professional installation or production: Wayfair does not recommend or advocate that users of the AI Sites undertake all or any of the installation or production demonstrated themselves or event that such installation or production is possible.
Any content provided on the AI Sites is offered for entertainment and informational purposes only and is not a substitute for advice from a qualified professional. In some states and jurisdictions, certain home modifications require, under applicable regulations or statutes, a licensed professional and/or permits. You acknowledge that the Output generated by the Services or shown on the AI Sites is exemplary only and that You may still require certain licensed professional(s) and/or permits to replicate in your environment the look and feel of the Output delivered on the AI Sites.
IN NO EVENT WILL WAYFAIR OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUPPLIERS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE, THE AI SITES, OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE AI 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 AI SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT AND OUTPUT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), 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, Output, merchandise and Services available through the AI 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 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.
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 and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms; (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 [email protected]. 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 [email protected]. 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 [email protected]. 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 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 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.
Your ability to access and use the AI Sites remains in effect until terminated in accordance with these Terms. You agree that Wayfair, in its sole discretion, may terminate your account and your use of the AI Sites and may remove and delete your User Content and Output 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 AI Sites, or any part thereof, with or without notice. You agree that any termination of your access to the AI Sites may be effected without prior notice and you acknowledge and agree that Wayfair may bar any further access to the AI Sites. Further, you agree that Wayfair will not be liable to you or any third-party for any termination of access to the AI 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.
Wayfair periodically schedules system downtime for the AI 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 AI Sites; (b) any loss of data, information or materials caused by such system outages, including the loss of any User Content you have uploaded to the AI Sites or any Output saved to your account on the AI Sites; (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 AI Sites, any Internet service providers or otherwise.
The AI Sites are operated by Wayfair from its offices in Boston, Massachusetts, USA. The AI Sites are intended for users who reside in the United States of America. Wayfair makes no representations or warranties that the AI 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 AI 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 AI 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 AI 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 AI 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.
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 AI 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 AI 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.
Please report any violations of these Terms of Use to the system administrator here.
If you have questions, comments or complaints about these Terms or the AI Sites, please contact us here (please reference "Questions about the AI Sites" in the subject line of your email).