Term Of Use

 

Welcome to Wayarc

Wayarc Holdings LLC and its subsidiaries and affiliates, including Wayarc.com (“Wayarc,” “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. Your use of these services is subject to your compliance with these Terms of Use.

Our family of websites and applications includes Wayarc.com and the Wayarc mobile application, as well as our other U.S. websites and mobile applications.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES.

These Terms of Use constitute an agreement between Wayarc 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 Wayarc 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.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by Wayarc, including but not limited to “Wayarc” and the Wayarc design logo. Any use of the Wayarc Marks without the prior written permission of Wayarc is strictly prohibited.

The arrangement and layout of the Sites, including but not limited to the Wayarc 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 Wayarc.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

Wayarc 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. 

User-Generated Content

At times, our Sites allow for the submission of content—such as comments, blogs, and product reviews—generated by you and other users (collectively referred to as “User Content”).

Here are the key points regarding User Content:

  1. Responsibility: You are solely responsible for your own User Content and the consequences of posting or publishing it.

  2. Nonconfidential and Non-Proprietary: Any User Content or other material you submit to or post on the Sites is nonconfidential and non-proprietary.

  3. Representations and Warranties: By submitting User Content, you represent and warrant to Wayarc that:

    • Your User Content does not violate any intellectual property rights, privacy rights, or applicable laws.
    • You have the legal right to authorize Wayarc to use your User Content, including any identifiable persons featured in it.
    • Your User Content complies with Wayarc’s Acceptable Use Policy.

  4. License to Wayarc:

    • By submitting User Content, you grant Wayarc a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable right and license to use, reproduce, distribute, edit, modify, translate, display publicly, and perform publicly your User Content.
    • This license includes future rights that may not yet exist, as well as new uses and media forms.

  5. License to Other Users:

    • Each user of the Sites is granted a non-exclusive license to access and use your User Content within the terms of these Terms of Use.

  6. Monitoring and Removal:

    • Wayarc reserves the right to monitor User Content but is not obligated to do so.
    • We may refuse, remove, edit, or delete any User Content and terminate user access to the Sites.

Remember that Wayarc does not endorse User Content, and we take no responsibility for it.

Social Media Tag Usage

BY USING #WAYARC, @WAYARC AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE WAYARC 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.

Wayarc Rewards Program

The Wayarc Rewards Program (the “Rewards Program”) is designed exclusively for users of the Sites who have registered for the program following the directions provided on the Sites.

Here are the key points about the Rewards Program:

  1. Eligibility: Only registered users of the Sites can participate in the Rewards Program.

  2. Rewards Dollars: Earned Rewards Dollars can be applied to future purchases at the Participating Sites, subject to the terms outlined in these Terms of Use.

  3. Stay Updated: For complete details about the Rewards Program, please refer to the most up-to-date information, which is incorporated into these Terms of Use.

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, Wayarc 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.

Limitation on Liability

IN NO EVENT WILL WAYARC 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 WAYARC 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 jurisdiction's liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if Wayarc 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 WAYARC, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.