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Wayfair Privacy Policy At Wayfair LLC, we protect your personal information. Wayfair owns information collected on this site and will never sell or rent this information. We will not share it in ways different from what is described in this statement unless you authorize us to do so. Cookies and IP Addresses Wayfair is firmly committed to our customers' privacy. Like many sites, 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 general demographic information. We use cookies to keep track of your shopping cart and for other purposes like personalizing the site. We may also use our own cookies to provide enhanced online display advertising tailored to your interests. To opt out of advertising provided directly by Wayfair, click here . Cookies are a small pieces of information stored by your internet browser to your computer's hard drive. Your browser is usually set up to initially accept cookies. If you set your browser to reject cookies, the site will not be able to recognize your cart, your account, or any personalization. We do not and cannot use cookies to gather your confidential information that may be stored on your hard drive. Wayfair also uses web beacons as a means to deliver us cookies in order to determine whether and how many times our web pages have been browsed. Third Party advertisers also help us display tailored content to our customers and serve ads on our behalf. These advertisers may also utilize cookies and/or web beacons to measure effectiveness, efficiencies, etc. of the sites. To learn more about advertising personalized to your interests by third parties, or to opt out, visit the Network Advertising Initiative at www.networkadvertising.org . External Links This site contains links to other websites. Wayfair is not responsible for the privacy practices or the content of other sites. Your Personal Information

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Page 1: Docracy · Web viewPlease do not use the Sites if you do not agree to the terms and conditions described in this Information Security section. If you have any questions about security

Wayfair

Privacy Policy

At Wayfair LLC, we protect your personal information. Wayfair owns information collected on this site and will never sell or rent this information. We will not share it in ways different from what is described in this statement unless you authorize us to do so.

Cookies and IP Addresses

Wayfair is firmly committed to our customers' privacy. Like many sites, 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 general demographic information. We use cookies to keep track of your shopping cart and for other purposes like personalizing the site. We may also use our own cookies to provide enhanced online display advertising tailored to your interests. To opt out of advertising provided directly by Wayfair, click here. Cookies are a small pieces of information stored by your internet browser to your computer's hard drive. Your browser is usually set up to initially accept cookies. If you set your browser to reject cookies, the site will not be able to recognize your cart, your account, or any personalization. We do not and cannot use cookies to gather your confidential information that may be stored on your hard drive. Wayfair also uses web beacons as a means to deliver us cookies in order to determine whether and how many times our web pages have been browsed. Third Party advertisers also help us display tailored content to our customers and serve ads on our behalf. These advertisers may also utilize cookies and/or web beacons to measure effectiveness, efficiencies, etc. of the sites. To learn more about advertising personalized to your interests by third parties, or to opt out, visit the Network Advertising Initiative at www.networkadvertising.org.

External Links

This site contains links to other websites. Wayfair is not responsible for the privacy practices or the content of other sites.

Your Personal Information

Our site uses forms for you to request information, products and services. We collect your contact information, including, but not limited to, addresses, email addresses, phone numbers, and financial information. Collected information is used for the benefit of Wayfair to send information to customers about orders, to fulfill orders, to process and collect payments, to send promotional marketing material about our company and partners, and to contact customers about orders when necessary. Demographic and profile data is also collected at our sites. We use this data to tailor your experiences at our sites, to show you content that we think you might be interested in, and to display the content according to your preferences.

Accessing and Updating Your Email Preferences

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 Site.

Third-Party Service Providers

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, providing marketing assistance such as tailoring content on our sites and serving ads on our behalf, providing search

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results and links, and processing credit card payments. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Customer information is considered to be an asset of Wayfair LLC and as such may be transferred to another company as part of an acquisition of Wayfair.

Information Security

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 Sites (including the software, applications and services provided on the Sites) 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://".

Please understand, however, that it is possible for third parties to access information despite our efforts. Without limiting the terms of our Terms of Use and Privacy Policy, you understand that we do not guarantee that your use of the Sites and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Sites. You also understand that any information provided by you or collected by us or our agents] in connection with your use of the Sites will be used in the manner described in our Terms of Use. Please do not use the Sites if you do not agree to the terms and conditions described in this Information Security section.

If you have any questions about security of the Sites, please email us at [email protected].

Terms of Use

Last Updated: March 22, 2013

Welcome to Wayfair!

Wayfair LLC and its affiliates ("Wayfair", "we" or "us") provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, "Sites") subject to your compliance with these Terms of Use.

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.

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Please note that these Terms of Use contain provisions that govern the resolution of claims between Wayfair and you. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.

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.

Changes

Wayfair reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. 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 updating the "Last Updated" date at the top of this webpage.

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, 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.

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 others users ("User Content").

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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 to the maximum extent permitted by applicable law. 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 or delete any User Content and/or to terminate any user's access to the Sites if Wayfair determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. Wayfair takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

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

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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.

Order Acceptance

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.

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. When you make a qualifying purchase at any of the Sites designated as participating sites by Wayfair from time to time (the "Participating Sites"), you will have the opportunity to earn Wayfair "Rewards Dollars" equal to three percent (3%) of the net amount paid for the qualifying purchase. 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.

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.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for viewing via a mobile device, opt in to receive SMS (text messages) from Wayfair (as/when available) or using a mobile application the following additional terms and conditions ("Mobile Terms") also apply to you.

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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.

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)&npsp;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.

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.

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, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING,

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COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation of 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) $100.

Legal Disputes

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.

Any dispute 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 to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in Suffolk County, Commonwealth of Massachusetts administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. 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 e-mail to your e-mail address on file with Wayfair and you must provide such notice by e-mail to [[email protected]].

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 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. The arbitrator will not, however, have the power to award punitive or exemplary

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damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms of Use 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 unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

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.

You may terminate your account by sending a letter stating your intention to Wayfair LLC, 177 Huntington Avenue, Boston MA 02119 Att:Service or an email to [email protected], with the subject line "Termination Request".

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.

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.

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.

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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.

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 will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. 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.

Violations

Please report any violations of these Terms of Use to the system administrator at [email protected].

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us at [email protected] (with the subject line "Questions about the Sites").

Wayfair's Copyright Policy

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Last Updated: March 22, 2013

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.WayfairSupply.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 AgentAttn: Wayfair Legal177 Huntington Avenue, Suite 6000Boston, MA  02115Email: [email protected] (with the subject line "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

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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 AgentAttn: Wayfair Legal177 Huntington Avenue, Suite 6000Boston, MA  02115Email: [email protected] (with the subject line "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 Rewards Program Terms

The Wayfair Rewards Program ("Rewards Program") is subject to the following Program-Specific Terms, as well as the General Terms.

Participating Sites

Wayfair.com WayfairSupply.com AllModern.com

Program-Specific Membership Benefits & Restrictions A Member that makes a Qualifying Purchase (defined below) may earn "Rewards Dollars" equal to three percent (3%) of the Net Amount (defined below) paid for that purchase. Enrollment in the Rewards Program is automatic after the Effective Date (set forth above) with registration at any of the Participating Sites.

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The Rewards Program offers two (2) tiers of Membership: Rewards and Rewards Gold.

*If Rewards Gold Membership is not renewed, then Rewards Dollars expire three months after the end of the Rewards Gold Membership Period.

"Rewards-Eligible Purchase" means a purchase placed online or over the phone of one or more products from a Participating Site that is paid in full. The purchase of gift cards and/or gift certificates is excluded from this definition.

"Net Amount" means the cash amount paid (in U.S. Dollars) by the Member for the product(s) purchased in the Qualifying Purchase after applying discounts or other credits or deductions.

"Rewards Gold Qualifying Purchase" means an online purchase of one or more products from a Participating Site that is paid in full and shipped to a qualifying address in the forty-eight contiguous United States. A purchase of any product with a special shipping charge noted is not a Rewards Gold Qualifying Purchase. Additional exclusions may apply to certain products; please contact Customer Service for details.

"Rewards Gold Membership Period" is 12 months.

Rewards Gold Membership Fees A member may cancel Rewards Gold Membership at any time but fees paid for Rewards Gold Membership are non-refundable. Wayfair reserves the right to change the Rewards Gold Membership fees on thirty (30) days' advance notice to Members. Wayfair processes cancellation requests immediately but a credit card provider may require several days to process a cancellation request. Wayfair is not responsible for delays caused by a credit card company or other third party.

Redemption of Rewards Dollars Rewards Dollars can be only redeemed and applied as a credit against a purchase from a Participating Site. To redeem Rewards Dollars, check the applicable box during the checkout process on any Participating Site. Rewards Dollars may be combined with one (1) Wayfair promo code only 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.

Returns If a Member returns 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 the Member's account.

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

Expiration If a Member does not make a Rewards-Eligible Purchase or use his/her Rewards Dollars during the applicable Redemption Period (see above), Wayfair will zero out any and all Rewards Dollars. A member may cancel out their Rewards Dollars Balance by calling 877-WAYFAIR (877-929-3247) and/or sending an email to [email protected], 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

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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.

Rewards Gold Program Limitations Certain products are not eligible for free shipping under the Rewards Gold program and will be designated as ineligible on the product detail page and/or in the shopping cart.

Rewards Gold Program Benefits are Non-Transferable Wayfair reserves the right to deny customers enrollment in the Rewards Gold program at our discretion. Rewards Gold members are prohibited from using Rewards Gold benefits for the purpose of resale. Violation of this policy will be grounds for termination from the Rewards Gold program.

Wayfair Giveaway Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. Wayfair Giveaway Sweepstakes ("Promotion") begins each week at 12:00:00 PM Eastern Time ("ET") on Monday and ends at 11:59:59 AM ET on the following Monday (the "Promotion Period"). For the avoidance of confusion, each Promotion Period or week is a separate and distinct Promotion.The computer clock of the Sponsor is the official time-keeping device in the Promotion.EACH ENTRANT HEREBY REPRESENTS AND WARRANTS THAT SUCH ENTRANT IS AT LEAST 18 YEARS OF AGE AND THAT SUCH ENTRANT HAS READ THESE OFFICIAL RULES AND IS FAMILIAR WITH AND AGREES TO ITS CONTENTS. IF ENTRANT IS NOT AT LEAST 18 YEARS OF AGE AND DOES NOT AGREE TO THESE OFFICIAL RULES, DO NOT PARTICIPATE IN THIS PROMOTION.

ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia (excludes Guam, Puerto Rico and all other U.S. territories and possessions), who are 18 years of age or older at the time of Promotion registration. Employees, officers and directors of Wayfair, LLC (the "Sponsor"), and Sponsor's parent, affiliates, subsidiaries, and advertising, contest, fulfillment and marketing agencies (all of such entities (including, but not limited to, the Sponsor) are collectively referred to herein as the, "Promotion Parties"), their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All applicable federal, state and local laws and regulations apply.

HOW TO ENTER THE SWEEPSTAKES: To enter the Promotion, you must submit your valid email address entry at www.wayfair.com/giveaways/ (the "Web Site") by 11:59:59 AM ET on Monday during the Promotion Period.

Limit of one (1) entry per person, per email address during the Promotion Period.

PRIZES, DRAWINGS & ODDS OF WINNING:A total of one (1) prize (the "Prize") will be selected in electronic, randomized drawings. The drawing for the Prize (described below) will be held on Monday each week during the Promotion Period. The drawing will be from all eligible entries received each day throughout the Promotion Period. The drawing will be conducted by

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Sponsor, whose decisions are final and binding in all matters relating to this Promotion. Odds of winning depend on the number of eligible entries received.

PRIZES: One (1) Prize will be awarded for each Promotion. The Prize will consist of the following:

Home goods product(s). For example, a Prize may include one or more of the following:

Bedroom, Kitchen, Dining, Bathroom, Living Room or Accent Furniture Home Entertainment, Home Office, or Game Room Furniture Home Décor, Home Accents, Rugs, Mirrors Lighting Cookware, Bakeware, or Kitchen Appliances Bedding and Bath products Patio Furniture and Outdoor Cooking supplies Home Improvement products Baby and Kids furniture and products

Prize may include multiple home goods products. The Approximate Retail Value ("ARV") of the Prize during a Promotion is up to $5,000.00*For the Prize, the home goods products style, color and size are subject to in-stock availability. Any applicable taxes are the sole responsibility of the winner.

WINNER NOTIFICATION: Potential winner will receive Prize notification and prize claim information via email within forty-eight (48) hours after the Monday drawing, or as soon thereafter as reasonably practicable. Sponsor is not responsible for any change in entrant's telephone number, mailing address, and/or email. Prize won by an eligible entrant who is a minor in his or her state of residence may be awarded to a minor's parent or legal guardian who must sign and return all documents. Winner (or winner's parent/legal guardian if winner is a minor) will have seven (7) calendar days from time of receipt of winning notification to confirm that the notification has been received in order to claim his/her Prize. A potential winner is subject to verification, including verification of age. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that Prize and, if time permits, an alternate winner will be selected from among all remaining entries for that drawing.

GENERAL PRIZE CONDITIONS: Prize will only be awarded by Sponsor upon potential winner's verification of eligibility (if requested by Sponsor), and compliance with these Official Rules and final approval by Sponsor. No prize substitution, cash equivalent of Prize, transfer or assignment of Prize is permitted, except by Sponsor which reserves the right to substitute a Prize with one of comparable or greater value, in its sole discretion. Prize is awarded "as is" with no warranty or guarantee, either express or implied. All Prize details are at Sponsor's sole discretion. Any and all warranties and/or guarantees on a Prize (if any) are subject to the respective manufacturers' terms therefore, and winner agrees to look solely to such manufacturers for any such warranty and/or guarantee. An unclaimed Prize will not be awarded. All federal, state, local, and other taxes on a Prize and any other costs and expenses associated with Prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form will be issued where required. Notwithstanding anything herein, a potential Prize winner (or potential winner's parent/legal guardian if potential winner is a minor) may be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release form within five (5) calendar days of attempted delivery of same. Non-compliance within this time period or return of any Prize/Prize

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notification as undeliverable may result in disqualification. All federal, state, municipal, provincial and local laws and regulations apply.

PUBLICITY RELEASE: Except where prohibited or restricted by law and notwithstanding the fact that the winner may be required to sign a separate Affidavit of Eligibility and Liability/Publicity Release, winner's (and his/her parent/legal guardian if a winner is a minor) acceptance of Prize constitutes winner's agreement and consent for Sponsor to use and/or publish the winner's full name, city and state of residence, Promotion entry, and/or statements made by winner regarding the Promotion or Sponsor, winner's voice, photographs and other likeness, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval.

MISCELLANEOUS: Entrants who do not follow all of the instructions, provide the required information in their entry form or the like, or abide by these Official Rules or other instructions of Sponsor may be disqualified. All Promotion entries become the property of Sponsor and will not be acknowledged or returned. Online entries will be considered to be entered by the authorized account holder of the e-mail address submitted at time of entry and he/she must comply with these Official Rules. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

PRIVACY: Personal information collected by Sponsor will be used for administration of the Promotion and awarding of a Prize and for potential research purposes. In addition, by entering, entrants and/or winner (and their parents/legal guardians if entrant/winner is a minor) agree to Sponsor's use of entrant's/winner's personal information as described in its Privacy Policy at www.wayfair.com/customerservice/general_info.php#privacy. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor.

RELEASE: By participating in the Promotion, entrants and winner (and their parent(s)/legal guardian(s) if entrants/winner are minors) agree to release, discharge and hold harmless the Promotion Parties from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any Prize (or activity related thereto). As a condition of entering the Promotion, entrants and winner (and their parent(s)/legal guardian(s) if entrant/winner is a minor) agree that (1) under no circumstances will entrant and/or winner (or their parent(s)/legal guardian(s) if entrant/winner is a minor) be permitted to obtain awards for, and entrant and/or winner (or their parent(s)/legal guardian(s) if entrant/winner is a minor) hereby waives all rights to claim punitive, incidental, consequential or any other damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (3) in no event will any entrant and/or winner (or their parent(s)/legal guardian(s) if entrant/winner is a minor) be entitled to receive attorneys' fees. BY ENTERING THE PROMOTION, ENTRANTS AND/OR WINNER (AND THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS PROMOTION PARTIES AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED ENTITIES AS WELL AS THE SUCCESSORS, ASSIGNS AND LICENSEES OF EACH AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS AND REPRESENTATIVE OF EACH, FROM ANY AND ALL CLAIMS, EXPENSES, DAMAGES, (INCLUDING

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REASONABLE ATTORNEYS FEES), OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH), AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF; A BREACH OR ALLEGATION WHICH IF TRUE WOULD CONSTITUTE A BREACH OF ANY OF ENTRANT'S AND/OR WINNER'S (AND THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) REPRESENTATIONS, WARRANTIES OR OBLIGATIONS HEREIN; OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZE(S), OR ANY PRIZE-RELATED ACTIVITY. ENTRANTS AND/OR WINNER (AND THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER: Promotion Parties are not responsible for printing or typographical errors in these Official Rules or in any Promotion-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Promotion and award the Prize for the Promotion from among all eligible, non-suspect entries received (i) as of the date of termination or modification, as applicable, using the judging procedure outlined above and (ii) in a random drawing if for any reason this Promotion is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Promotion. Promotion Parties are not responsible or liable for any events which may cause errors and/or the Promotion to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers, computer equipment, mobile equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. Promotion Parties are not responsible for computer, mobile, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Promotion, the processing of entries, or in any other Promotion-related materials. The Promotion Parties may stop you from participating in this Promotion if you violate Official Rules or act, in Sponsor's sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant, winner or the Sponsor; or (c) in any other disruptive manner. Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than that listed in Rule #3.

CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT AND/OR WINNER (OR THEIR PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANT/WINNER IS A MINOR) TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

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CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winner, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions, which might otherwise cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the Commonwealth of Massachusetts. Entrants and/or winner (and their parent(s)/legal guardian(s) if entrant/winner is a minor) hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.

WINNER'S LIST: Entrants are responsible for complying with these Official Rules. To receive the winner's list for a specific Promotion, send a self-addressed stamped envelope to: Wayfair.com Giveaway Winner List Request, c/o Wayfair LLC, 177 Huntington Ave., Suite 6000, Boston, MA 02115. Please reference the dates of the Promotion Period and Prize with your request.

SPONSOR: Wayfair LLC, 177 Huntington, Ave., Suite 6000, Boston, MA 02115

Wayfair Gift Card Terms and Conditions

The following terms and conditions (the "Terms") apply to any Wayfair electronic gift card originally purchased by you or someone on your behalf (the "gift card") through the Wayfair website. Gift cards are issued by Wayfair LLC (referred to hereinafter as either "Wayfair", "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 are only valid in the United States of America and Canada. Void where prohibited.

Gift cards can only be redeemed through one of the Wayfair websites. Gift cards cannot be used to purchase gift cards or gift cards. Gift cards are not redeemable for cash and cannot be returned for a cash refund, except to

the extent required by law. 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.

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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.

Becoming a Supplier

Interested In Being a Supplier?The Internet has created a tremendous opportunity for manufacturers to drive additional revenue growth and reach a new and growing set of customers. For seven years, we have enabled our suppliers to successfully tap into this growth while working closely with them to protect and promote their brand, complement their existing retail channels and facilitate smooth logistics and communications flow. We understand the importance of flexibility and tailor our approach to meet our suppliers' specific needs.

We value our 2,000+ supplier relationships and believe these to be the key elements to fostering a successful partnership:

Commitment to Growth - Our goal is to rapidly grow revenues and become the top online channel partner for each of our suppliers. Our category teams' significant product expertise combined with our ongoing investment in online, email and traditional marketing, ensures maximum impact as we launch new suppliers' products.

Partnership in Customer Service Excellence - Wayfair's ability to provide great customer service begins with our supplier's commitment to ship orders quickly, package products with care, provide accurate in-stock status and work with us to rapidly handle any issues that may arise.

Brand and Channel Integrity - Wayfair is absolutely committed to helping its suppliers' brand flourish online. We collaborate with our suppliers to tell their products' stories the way they want them told. We are sensitive to our suppliers' desire to have a consistent value proposition and brand message across all of their retail outlets and we work closely to ensure our relationship is complementary to our suppliers' existing sales channels.

Flexibility and Ease - Each of our suppliers works closely with a Wayfair category team that is highly proficient at taking the supplier though the entire process of: (1) establishing the relationship, (2) effectively merchandising the product, (3) driving growth and (4) providing excellent customer service. We understand that every supplier may have unique needs in areas of logistics, order flow, payments, returns, etc. and we try to tune our approach to match our suppliers' needs and to make the entire process as smooth and seamless as possible.

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If you are interested in growing your business, please email us. We look forward to hearing from you.

Becoming An Advertiser with GetItNearMe™

Interested In Being an Advertiser?Wayfair provides a unique media platform for brick and mortar retailers by granting them access to an audience of 9 million unique monthly visitors who share a common goal: they are looking to buy home furnishings! With 200+ specialty sites focusing primarily on furniture, Wayfair has become a popular online destination for consumers to conduct product research before making their purchases.

Highly Targeted Ads - Your ads will appear only to consumers in your local area when they browse our sites for the product types and brands that you carry. With 77 product categories and over 1,200 brands to choose from, you can fine tune your ads to make sure you are attracting the right customers.

Cost Effective Advertising - In addition to your ads being shown only to highly targeted customers who are near your retail stores and interested in buying furniture, our advantageous pricing vs. paid search and other media vehicles, built-in reporting feature, and the ability to set a monthly budget make obtaining a high return on your investment easy to manage.

Flexibility - While GetItNearMe™ can be as simple and low-maintenance as "setting and forgetting" a single ad, we also provide the tools to create and manage more aggressive ad campaigns.

If you're ready for your advertising to "Go Local", sign up at www.getitnearme.com or contact us by email.

Send Us Your Suggestions

Customer feedback is very important to us. We are always looking for ways to serve you better. We want you to become a lifelong shopper with Wayfair.

Please email us.

Contact Us

Please contact us with any questions you have. We are here to serve you. We guarantee your satisfaction. On most items, we offer a 30 day return policy. Please see our return policy for specific information.

Thank you for your business.

If you would like to submit a Purchase Order, please fax it to (866) 513-2570, or contact us:

By Phone: 877-WAYFAIR (877-929-3247) or (617) 880-8109By Email: Email Us

By Fax: (617)-880 8594For Purchase Orders - (866) 513-2570

By Mail:Wayfair177 Huntington Avenue, Suite 6000Boston, MA   02115

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For media inquiries:

If you are a member of the media and have questions about the company or would like to feature us in your publication, please email us at [email protected] and we will respond to your request immediately.