Welcome to the Wayward Co. website (the “Wayward Co. Website”), owned and operated by Wayward Co. LLC and its affiliates (“Wayward Co.”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Wayward Co. Website (collectively, the “Site”). Please read the following terms and conditions of use, including an Arbitration Agreement. Your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Wayward Co. reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes.
Wayward Co. provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Wayward Co. property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Wayward Co. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH WAYWARD CO. (INCLUDING CLAIMS RELATING TO WAYWARD CO.’S ADVERTISEMENTS AND DISCLOSURES, AND EMAIL SENT BY WAYWARD CO., OR WAYWARD CO.’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT.
ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE EMAILED TO CUSTOMERSERVICE@WAYWARDCO.COM IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY COMMENCE ARBITRATION.
ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (’AAA’), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN LOS ANGELES COUNTY, CALIFORNIA, OR AT ANOTHER MUTUALLY AGREED LOCATION.
CLASS ACTION WAIVER
By visiting this Site, you agree that the laws of the State of California, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, you agree that the laws of the State of California shall govern such a claim during all proceedings.
These Terms constitute the entire agreement between you and Wayward Co. and govern your use of the Site, and the purchasing of any merchandise therefrom and they supersede any prior agreements between you and Wayward Co. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Wayward Co. may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Wayward Co.’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between Wayward Co. and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Wayward Co. or the Site must be commenced within the required amount of time under the laws of the State of California.
The failure of Wayward Co. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Wayward Co.’s express written consent. The Terms inure to the benefit of Wayward Co.’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please contact us at firstname.lastname@example.org.