Terms of Use
1. Overview
These terms of use (“Terms of Use”) are entered into between you and Wayward LLC and its affiliates (“Wayward” “we,” or “us”). The Terms of Use govern your access to and use of the Wayward website at https://www.wayward.com/, including any content, functionality, Products, and services offered on or through it (the “Site”).
By using the Site, you agree to be bound and abide by these Terms of Use. Wayward may terminate your ability to use the Site without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.
Wayward reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.
All Information Wayward collects on the Site is subject to our Privacy Notice posted at the Site. By using the Site, you consent to all actions taken by us with respect to your Information (as defined in the Privacy Notice) in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Use. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Wayward's knowledge.
2. Understanding Wayward's Limitations as a Marketplace
Wayward provides a marketplace for you to purchase from third-party sellers (“Product Sellers”). By shopping on our Wayward's Site, you understand that:
- You are not buying directly from Wayward, but from a Product Seller.
- Each Product Seller has its own processing times and shipping methods.
- Each Product Seller is responsible for shipping-related problems, including without limitation, damaged or lost Products, late shipments or misdelivery.
- You assume responsibility for information you provide to Product Sellers.
3. Purchasing an Item on Wayward
When you shop on our Site, you are directly supporting an independent business, each with its unique listings and processing times. Each Product Seller has its own policies, including but not limited to return, refund, and warranty policies. By making a purchase from a Product Seller on our Site, you agree that you have read that Product Seller's policies before making a purchase through that Product Seller.
When you make a purchase, Wayward acts as an agent of the Product Seller in facilitating transactions between you and the Product Seller. It shall be construed as if you are paying the Product Seller. Wayward does not independently transmit money but acts as an intermediary between you and the Product Seller in processing payments.
You must make full payment as part of your order. Once your order is successful and payment has cleared, the Product Seller will fulfill orders according to the shipping details. Your payment may include special fees, billing charges, shipping taxes, and other assessments.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
We may refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address or phone number you provided. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We take no responsibility for any error or omission relating to information about the Site or Products.
Wayward will send an automated email message to you confirming receipt of any order placed through the Site. Wayward may, in its sole discretion, cancel any order and refund the purchase price.
By using a third-party service for purchase (e.g. Shopify) or payment of your purchase (e.g. Stripe), you may also be subject to an agreement with the third party. For the safety of our community, and to avoid scams and fraud, all transactions must take place through the Wayward checkout system.
Product Sellers are responsible for all shipping and shipping-related issues. Please direct any inquiries related to shipping or shipping-related issues to the Product Seller.
4. Merchandise
The Site may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We may sell Products for children's use; however, these Products are intended for sale to adults.
Wayward has no liability to you for content on the Site that you find to be offensive, indecent, or objectionable. Certain Products may be labeled with age restrictions or are intended for individuals of certain ages. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Wayward is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including Product Sellers. Product packaging and material may contain different information than that provided on our Site. Always read labels, warnings, directions, and other information provided with the Product before using or consuming the product. For additional information about a Product, please contact the manufacturer. If you find a Product is not as described, you should contact the Product Seller directly.
5. Intellectual Property
The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Wayward or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below. Site Content does not include User Contribution(s), as defined below.
The Wayward name and related logos are trademarks and service marks (“Marks”) of Wayward. Wayward Marks may not be used without advance written permission of Wayward including in connection with any product or service that is not provided by Wayward in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Wayward. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Wayward as described in Section 23.
6. Limited License and Prohibited Uses
Wayward grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource and to engage in transactions while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Wayward is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:
- Use the Site in any way that violates any applicable law or regulation.
- Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
- Transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Wayward, any Wayward employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Wayward may harm Wayward or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any material on the Site or for any other unauthorized purpose without Wayward's prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
This Site is not intended for children under 13 in the United States per the Children's Online Privacy Protection Act or under 16 years of age elsewhere. For more information, please see our Privacy Notice.
7. Account Registration
To access portions of the Site, you may be asked to register and to provide related Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. Wayward can terminate your registration at any time for any reason.
8. Use and Protection of Login Credentials
If you register, you are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Wayward immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Wayward reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Wayward's opinion, you have violated any provision of these Terms of Use.
9. User Contribution
Any reviews you contribute on the Site, creative ideas, suggestions, proposals, plans, or other materials, you send to us, whether online, on the Site, by email, by postal mail or otherwise make available to Wayward (“User Contribution”) will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or to Wayward, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material for any purpose. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
All User Contributions must comply with the content standards set out below.
You represent and warrant that:
- You own or control all rights in and to the User Contribution and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
- All of your User Contribution does and will comply with these Terms of Use.
- You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not Wayward, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- You are not a minor in the jurisdiction in which you reside, and you have the legal capacity to agree to comply with these User Contribution content standards.
We are not responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Site.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
10. Electronic Communications, Transactions, and Signatures
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Wayward provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communication be in writing. You agree that Wayward electronic communications satisfy any requirements that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
11. Copyright; Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to info@artica.com (Subject line: “DMCA Takedown Request”).
Our designated copyright agent to receive DMCA Notices is:
Wayward LLC Attn: Copyright Agent 929 108th Ave NE, Suite 1410 Bellevue, WA 98004
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may locate it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party, informing that person that Wayward may repost the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who infringes any intellectual property rights of others.
12. Third Party Content
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Wayward. Wayward is not responsible for the content or accuracy of any materials provided by any third parties.
13. Links to Other Web Sites
Wayward may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Wayward does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.
14. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE Wayward ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. Wayward MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, Wayward DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
Wayward DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SITE OR REGARDING THE PRODUCTS, INCLUDING ANY ERRORS OR OMISSIONS OR PRODUCT DESCRIPTIONS ON THE SITE (I.E., PRICING, PRODUCT IMAGES, PROMOTIONS, OFFERS, TRANSIT TIMES, PRODUCT SHIPPING COSTS, AND INDICATIONS OF AVAILABILITY). WE MAY CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION ON THE SITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).
THE AVAILABILITY OF PRODUCTS OR SERVICES THROUGH OUR SITE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO PRODUCTS OR SERVICES OFFERED ON OUR SITE. HOWEVER, THE PRODUCTS AND SERVICES OFFERED ON OUR SITE MAY BE COVERED BY THE PRODUCT SELLERS OR MANUFACTURER'S LIMITED WARRANTY AS DETAILED IN THE PRODUCT'S DESCRIPTION INCLUDED WITH THE PRODUCT. TO OBTAIN WARRANTY SERVICE FOR DEFECTIVE PRODUCTS, PLEASE FOLLOW THE INSTRUCTIONS INCLUDED IN THE PRODUCT SELLERS OR MANUFACTURER'S WARRANTY. THE PROVISIONS IN THIS SECTION 14 APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
15. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, Wayward, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR MISUSE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. Wayward WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
Wayward'S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENTS WILL NOT EXCEED $100.
16. Indemnification
You agree to defend, indemnify and hold harmless Wayward, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
17. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Injunctive Relief
You agree that a breach of these Terms of Use will cause irreparable injury to Wayward for which monetary damages would not be an adequate remedy, and Wayward shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
19. Waiver and Severability
No waiver by Wayward of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Wayward to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
20. Entire Agreement
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Wayward with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
21. Term and Termination
These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions of these Terms that by their nature are intended to survive will remain binding on you, including Sections 1, 5, 9- 12, and 14-23 and the Privacy Notice.
You agree that Wayward, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
22. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Washington will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms of Use shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in King County, Washington. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
23. Communications and Contact Information
Wayward may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Wayward, you can click on the “unsubscribe link” provided in such communications or contact us at the address below.
For all feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at:
Wayward LLC Attn: Legal 929 108th Ave NE, Suite 1410 Bellevue, WA 98004.
If any complaint with Wayward is not satisfactorily resolved, California users and residents can contact the Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
EFFECTIVE DATE: April 20, 2023