Terms And Conditions
Waystock, LLC and its affiliated brands, including Avanti, JJ Designs, JJ Wicker, Global Procurement Source, USDC-USA, (“Waystock”, “we” or “us”) provide 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 BEFORE USING THE SITES.
These Terms of Use constitute an agreement between Waystock and you. We recommend that you print out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.
Please note that these Terms of Use contain provisions that govern the resolution of claims between Waystock and you. Please see the Legal Disputes section for complete details.
Privacy & Security
Please review Privacy and Security which is incorporated into this website and also governs your use of the Site.
Information security is important to Waystock. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Waystock does, however, reserve the right at all times to disclose any information as Waystock deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Changes
Waystock 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.
In addition to Waystock’s own production facilities, Waystock uses a network of independent product and content suppliers, distributors and other such third parties to supply some products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
User-Generated Content
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“).
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 Waystock that:
(i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property rights, 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 Waystock to use your User Content, including written consent to use any product or name, voice, likeness or any other applicable personal right of each identifiable person featured or referenced in your User Content and
(iii) your User Content does not violate Waystock’s Acceptable Use Policy set forth below.
As between you and Waystock, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Waystock, you hereby grant to Waystock a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable (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 televise or employ any other uses or media) your User Content, in whole or in part, including future rights that Waystock (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means, and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the 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.
Waystock does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Waystock reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites.
Waystock has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Sites if Waystock determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use.
Waystock takes no responsibility for User Content.
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. Waystock 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 Waystock 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 Waystock Rewards Program described below. Waystock 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 Waystock’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
About Our Prices
Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. “$549“), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. The “Sale” tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days.
Links to Other Websites
The Sites may contain links to third-party websites (“Other Sites“) that are not under Waystock’s control. Waystock 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. Waystock provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Waystock 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 mobile-viewing, opt-in to receive SMS (text messages) from Waystock (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms“) also apply to you. 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.
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Waystock. By agreeing to receive SMS messages from Waystock, you certify that you are over 18 years of age and
(a) you are the mobile account holder or
(b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. 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 specified 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, Waystock 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.
Notice to Louisiana Residents
Waystock does not collect Louisiana sales or use tax. Your purchase is subject to Louisiana use tax unless it is specifically exempt, and there is no exemption specifically based on the fact that a purchase is made over the internet, by catalog, or by other remote means. Louisiana law requires that use tax liability is paid annually on the Louisiana individual income tax return, or through other means as may be required by the Louisiana Secretary of Revenue.
Notice to Oklahoma Residents
Waystock is not required to collect and does not collect Oklahoma sales or use tax. Your purchase is subject to Oklahoma use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. The State of Oklahoma requires Oklahoma purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
Notice to South Dakota Residents
Waystock is not required to collect and does not collect South Dakota sales or use tax. Your purchase is subject to state use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. The state requires each South Dakota purchaser to report any purchase that was not taxed and pay tax on the purchase. The tax may be reported and paid on the South Dakota use tax form. The use tax form and corresponding instructions are available on the South Dakota Department of Revenue website.
Notice to Vermont Residents
Waystock is not required to collect and does not collect Vermont sales or use tax. Your purchase is subject to Vermont use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. The state requires each Vermont purchaser to report any purchase that was not taxed and pay tax on the purchase. The tax may be reported and paid on the Vermont use tax form. The use tax form and corresponding instructions are available on the Vermont Department of Taxes website.
Communications with Waystock
For all communications made to or with Waystock, including but not limited to feedback, questions, comments, suggestions and the like:
(i) you will have no right to confidentiality in your communications and Waystock will have no obligation to protect your communications from disclosure;
(ii) Waystock will be free to reproduce, use, disclose and distribute your communications to others without limitation; and
(iii) Waystock 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.
Legal Disputes
YOU AND WAYSTOCK 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 Waystock, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Waystock‘) 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 administered by the American Arbitration Association (AAA). 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. Waystock will provide such notice by e-mail to your e-mail address on file with Waystock and you must provide such notice by e-mail to legal@Waystock.com.
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 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. Waystock and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Waystock 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 illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). 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) and, where otherwise applicable, by the laws of the State of California.
Termination
Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that Waystock, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Waystock believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Waystock 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 Waystock may bar any further access to the Sites. Further, you agree that Waystock 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 Waystock Inc., 1550 South Milliken Ave – Suite D, Ontario, CA 91761 or an email to Info@Waystock.com, with the subject line “Termination Request”.
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
Waystock periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Waystock 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, misdelivery 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.
Jurisdictional Issues
The Sites are operated by Waystock from its offices in Ontario, California, USA. The Sites are intended for users who reside in the United States of America. Waystock 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.
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 is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Waystock with respect to use of the Sites and supersede any prior agreements between you and Waystock relating to such subject matter. The Terms are not assignable, transferable or sub-licensable by you except with Waystock’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. Waystock’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 Waystock’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 Waystock 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 here.
Questions?
If you have questions, comments or complaints about these Terms or the Sites, please contact us.