Terms & Conditions
Effective date: September 2, 2025
These Terms and Conditions ("Terms") apply to your access to and use of our website and other online products and services, including but not limited to our requests (collectively, the "World Market Services" or "Services") provided by World Market, LLC ("World Market", "we", "the Company" or "us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17, WHICH REQUIRES THAT MOST DISPUTES, INCLUDING DISPUTES ARISING PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS WITH LIMITED EXCEPTIONS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17. BY OPTING OF OUT OF ARBITRATION, YOU ARE NOT OPTING OUT OF THE REMAINING DISPUTE RESOLUTION PROVISIONS SET FORTH IN SECTION 17, INCLUDING THE CLASS ACTION WAIVER, JURY TRIAL WAIVER, CHOICE OF LAW PROVISION, AND VENUE PROVISION.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE OUR SERVICES.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access or use of our Services after we provide such notice will confirm your acceptance of the changes. YOU FURTHER AGREE THAT THE AMENDED TERMS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD, INCLUDING RESOLUTION OF ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED OR ARBITRATION WAS INITIATED PRIOR TO YOU RECEIVING NOTICE OF THE AMENDED TERMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. If you do not agree to the amended Terms, you must stop accessing or using our Services.
This website is owned and operated by World Market, LLC, 1201 Marina Village Parkway, Alameda, CA 94501 ("we," "us,", "World Market" or "the Company").
If you have any questions, you may contact us at 1-877-967-5362.
1. Eligibility
This website may only be used by individuals and entities who can form legally binding contracts. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian. By using this website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of this website constitutes that third party's acceptance of these Terms. In addition, if you have been previously prohibited from accessing this website or the website of any of our affiliates, you are not permitted to access this website.
2. Account Security
(a) Account Creation. You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us, including legal notices or updates to these Terms.
(b) Account Use. Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.
3. Privacy
We value your privacy. You must read our Privacy Policy, which details our privacy policy and practices. In addition to these Terms, the Privacy Policy also governs your visit to this website, and by using this website, you agree to be bound by the terms of our Privacy Policy, which is expressly incorporated by reference.
4. Copyright and Trademarks
(a) Ownership. All content of this website, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the intellectual property of the Company, its affiliates, or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries. This website in its entirety including, without limitation, the design, layout, selection, coordination, and enhancement of the content, is protected by copyright and trade dress laws. All worldwide right, title, and interest is reserved.
(b) Permitted Use. This website and its contents are intended solely for your personal, non-commercial use in order to view and purchase Products (as defined below) and participate in the programs that we offer (the "Permitted Use") and subject to these Terms, you may use this website only for the Permitted Use. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of this website, or any related software, or any part thereof for any other purpose whatsoever. You may download or electronically copy and print any page contents displayed on this website for the Permitted Use only and no rights to those materials are transferred to you by such copying. Software used on this website is the property of the Company or its licensors, and is protected by United States and international copyright laws.
(c) Marks. WORLD MARKET; COST PLUS; COST PLUS WORLD MARKET; COST PLUS WORLD MARKET (AND DESIGN); WORLD MARKET EXPLORER, WORLD MARKET REWARDS; WORLD MARKET REWARDS (AND DESIGN); WORLD GRILL; ONE WORLD, ONE STORE; MERCADO DEL MUNDO; BAY MARKET KITCHEN; WORLD MARKET CAFÉ; CRAFT BY WORLD MARKET; and UNIQUE, AUTHENTIC AND ALWAYS AFFORDABLE (among others) are trademarks of our affiliate, World Market, LLC, and may not be used by you without our written permission.
5. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others and expect our users to do the same. We may remove content that, in our sole discretion, appears to infringe the intellectual property rights of others or that is otherwise inappropriate for use on this website. In addition, we will terminate the accounts of users who infringe the intellectual property rights of others. If you believe your intellectual property rights are being infringed by material on this website, please notify the company's Intellectual Property Agent, and provide the following information: (a) the physical or electronic signature of the rights owner or a person authorized to act on behalf of the owner; (b) identification of the right claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and information reasonably sufficient to allow us to locate the material, including the URL where the allegedly infringing material appears; (d) your name, address, telephone number and email address; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Please send your notice to the following contact information:
World Market, LLC
Attn: Legal Department
1201 Marina Village Parkway
Alameda, CA 94501
Phone: 510-893-7300
Fax: 510-893-3681
Email: [email protected]
6. Terms of Sale
The following terms apply to your purchase of the products offered on this website ("Products")
(a) Purchasing Products. This website invites you to make us an offer to buy the Products shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
(b) Product Descriptions. We attempt to describe Products, including their colors, as accurately as possible; however, the appearance of Products may vary as a result of the quality of your monitor and for other reasons. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our Product descriptions.
(c) No Commercial Use. Products are sold for the personal and household use of our customers. Products are not designed or otherwise intended for use in commercial or other public establishments, such as restaurants, coffee shops, retail stores of any kind, or commercial services such as caterers. Accordingly, and without limiting any other provision of these Terms, we will not be liable in connection with any such use. We also reserve the right to prohibit sale of Products to users who we believe are using Products for commercial purposes or reselling them.
(d) Children's Products. Our Products that are not toys are generally not for use by children. Products that are toys are age graded to help you decide what is appropriate for your family.
(e) Assembly Instructions. Certain Products require assembly. You must follow the assembly instructions carefully and use professional installers when necessary. All furniture Products must be inspected periodically to ensure that all screws, nuts, bolts, and other fasteners are properly maintained and secure.
(f) Availability and Pricing. Quantities of some Products may be limited, and stock cannot always be guaranteed. When a Product is out of stock and cannot be replenished, we will attempt to remove the Product from this website in a timely manner. Some Products offered for sale on this website may not be offered for sale at World Market stores (and vice versa). While Products offered for sale at stores and on the website are generally offered at the same price, there may be price differences from time to time due to promotional events and special offers, or for other reasons.
Products offered for sale on this website are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this website. If a Product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
(g) Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable, or a shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order. When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the website and is otherwise valid.
(h) Returns and Exchanges. If you wish to return or exchange a Product (whether Products are damaged, incomplete, or otherwise), you may do so only in accordance with our Return Policy.
(i) Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated in our Payment Terms, and, for credit card payments, the bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. Completion of a payment transaction is contingent upon: (a) you provide complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use this website in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use this website in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
(j) Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on this website for shipment, you are asking us to engage a common carrier to deliver your order. We reserve the right to choose any and all procedures, packaging, and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
(k) Taxes. Stated prices do not include any applicable taxes or surcharges. Your order conformation will contain an estimate of taxes due on your transaction. The final calculation will be made upon shipment. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
(l) Pick-Up Curbside. Some Products can be ordered online for pickup curbside. Not all Products are available for this service nor is the pickup curbside service available at all stores. For rules applicable to purchases made for store pickup, click here.
(m) Promotional Codes. The Company may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by the Company at any time in its sole discretion.
7. Your Content
(a) License. By posting, storing or transmitting any content ("User Content") on or to the Company, or by affirmatively responding to the Company's online request, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferrable right and license to use, copy, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble, create derivative works from, distribute, archive, stream, and sublicense such content in any form, in all media now known or hereinafter created including without limitation on our website, social media pages, marketing materials, advertising materials, videos, emails, and store materials. The Company may give you credit for your content when sharing. You hereby grant us a royalty-free, worldwide license and right (but not the obligation) to use your name, alias (e.g., a username, Twitter or Instagram handle), likeness, personality, voice, and any other materials or information you submit to us in connection with your User Content. You hereby irrevocably waive and agree not to assert any rights or any claims to seek or obtain any injunctive or other equitable or compensatory relief against the Company for its use of the User Content or your name, alias, likeness, personality, or any other materials you submit in connection with your User Content as licensed herein. You further irrevocably waive and agree not to assert any rights, or any claims based on moral rights and similar theories, if any.
(b) Compensation. You acknowledge that you will not receive any additional compensation for the Company's use of the User Content. You also acknowledge that we have no obligation to use any of your User Content and may remove your User Content from our digital properties at any time.
(c) Control and Monitoring. We do not have the ability to control the nature of the content offered through this website posted by third parties. You are solely responsible for your interactions with other users of this website and any content that you post. In particular, please do not request obscene, profane, threatening, illegal or otherwise inappropriate language in gift messages. We reserve the right, but have no obligation, to monitor interactions between you and other users of this website and take any other action to restrict access to, or the availability of, any material that we or another user of this website may consider to be offensive, obscene, lewd, lascivious, excessively violent, harassing, unrelated to Products or the Company, unlawful, false or misleading, or that violates these Terms. Nothing in these Terms is intended to bar or restrict your ability to review the Company's Products, services, or conduct.
(d) Representations and Warranties. You represent and warrant that (a) you are the sole human subject depicted in the User Content; (b) no person under the age of eighteen (18) years of age are depicted in the User Content; (c) you own or are authorized on behalf of all applicable rights holders to submit the User Content and make all the grants of rights in this Agreement; (d) your User Content does not infringe or violate the rights of a third party, including, without limitation, any intellectual property rights, right of privacy, rights of publicity, or moral rights or any applicable laws or regulations.
8. Correspondence
If you send any comments, suggestions, ideas, or submissions regarding the Company, its business, or products ("Comments") to the Company, you are automatically granting, and hereby do grant to the Company, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, fully transferable license, with the right to sublicense, to use (including copy, display, perform, publish, modify, adapt and translate) such Comments in all forms and media known or discovered in the future (the "License"). Your submission of such material shall constitute a waiver of any claim based on unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We may use, copy, publish, modify, disclose, and distribute any Comments you send to us, for any purpose whatsoever, without compensating you in any way. However, you will otherwise retain ownership of the Comments. We recommend that you do not send us any confidential materials or information or anything that you do not wish to unconditionally license to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. You will take all further acts as we request to effect the intent of this paragraph. For clarity, this Section 8 applies to materials submitted to the Company but does not apply to product reviews or other content posted on the website. Such content is instead subject to the "Your Content" section above.
9. Errors
It is our intention to make this website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on this website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website is presented on an "as is" basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
10. Prohibited Conduct
In your use of this website, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or reverse engineering any technology used to provide this website; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Company or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or other information on or relating to this website; (viii) use any meta tags or any other "hidden text" utilizing our name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Company; (x) engage in any activity that interferes with any third party's ability to use or enjoy this website; (xi) assist any third party in engaging in any activity prohibited by these Terms; or (xii) visit our website or use our Services with the intention, in whole or in part, of asserting a lawsuit or claim in arbitration against us.
11. Third-Party Services and Links
If we provide any content from third parties or "links" to third-party websites, such content and websites are provided for informational purposes only and we cannot and do not investigate their legitimacy, validity, accuracy, safety, or legality. Any concerns regarding or issues relating to such content or websites (including the goods or services offered on them) must be directed to the owner of that content or website, and you must comply with the terms of service of such third party in using their website. We will not be liable in any way for any loss, damages, liability, or expenses (such as attorneys’ fees) that you may incur arising from or related to third-party content or websites.
12. Warranties; Disclaimer; Limitation of Liability
(a) NO WARRANTIES. THIS WEBSITE AND, EXCEPT AS PROVIDED ABOVE, PRODUCTS ARE PROVIDED "AS AVAILABLE" AND "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY (AS DEFINED BELOW) DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
(b) USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. THE COMPANY WILL NOT BE LIABLE FOR: (I) YOUR ABILITY OR INABILITY TO UPLOAD OR DOWNLOAD ANY USER CONTENT ONTO THE IMAGE GALLERY; (II) TECHNICAL PROBLEMS OR MALFUNCTIONS THAT AFFECT THE IMAGE GALLERY OR VIEWING OF THE USER CONTENT; OR (III) LOST, FAULTY, ILLEGIBLE, DISTORTED, JUMBLED, GARBLED, DELAYED, OR INTERCEPTED OR OTHERWISE UN-RECEIVED, USER CONTENT OR DATA TRANSMISSIONS. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THIS WEBSITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS, AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. THE COMPANY MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS
(c) NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL THE COMPANY, ITS PARENT, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY "THE COMPANY" FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THIS WEBSITE OR PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THE COMPANY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.
(d) OUR LIABILITY IS LIMITED. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY DISPUTE OR CLAIM MUST BE PROVIDED WITHIN TWO YEARS OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.
13. Rewards
The Rewards Program is subject to the Program Rules, incorporated into this Agreement by reference.
14. Promotions
Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through this website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
15. Notice and Electronic Communications
Except as explicitly stated otherwise in these Terms, any notices you send to us shall be sent by mail to World Market, LLC, 1201 Marina Village Parkway, Alameda, California 94501, attention: Legal Department, which notice will be effective three business days after the date of mailing. Only notices addressed to the attention of the Legal Department shall be deemed effective. In the case of notices we send you, you consent to receive notices and other communications by posting on the website or, in our discretion, by sending you an email. Notice will be deemed given (i) 24 hours after a notice is posted on the website or 24 hours after an email is sent, unless the sending party is notified that the message did not reach the recipient. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Modification & Termination
(a) Modification. The Company may, in its sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you. If you do not agree with any changes made to this website, you may elect not to use or visit this website.
(b) Termination. We reserve the right to immediately terminate your right to use this website or your account at any time and for any reason, with or without notice. If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms. If your account is terminated, the Company may, in its sole discretion, delete any content or materials relating to your use of this website. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this website. Regardless of whether you have the right to access or use this website, these Terms will survive indefinitely unless and until we choose to terminate them.
17. Dispute Resolution (Including Arbitration, Class Action Waiver, Jury Trial Waiver, Choice of Law, and Venue)
Please review this Section 17 carefully. It affects your legal rights. In arbitration, there is no judge or jury, less discovery than in court, and there are limited appellate rights as set forth below.
Arbitration Agreement.
(a) Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Services, your purchases of any products, or your relationship with the Company or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, ("Dispute") will be resolved through binding individual arbitration, except that either you or the Company may take a Dispute to small claims court so long as it isn't removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (c) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and World Market agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law. You and we agree that, to the fullest extent permitted by applicable law, the FAA preempts application of state laws regarding arbitration including without limitation provisions of the California Arbitration Act governing the payment, or shifting of fees or costs of arbitration.
(b) Mandatory Informal Dispute Resolution Process: You and the Company agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to the Company at [email protected]. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a World Market representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.
(c) Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of JAMS, including the JAMS Streamlined Arbitration Rules and Procedures and any Mass Arbitration Procedures and Guidelines applicable to the Dispute, as modified by this arbitration agreement. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the arbitration agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator or an arbitrator that will do so. The JAMS rules are available at https://www.jamsadr.com/adr-rules-procedures/. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Company representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section as to the types and the amounts of damages for which a party may be held liable. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been fully satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
(d) Costs of Arbitration. Payment of arbitration fees will be governed by the JAMS Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with JAMS regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
(e) Additional Procedures for Mass Arbitration (Batch Arbitration). You and we agree to abide by this Batch Arbitration provision in the event that: (a) there are twenty-five (25) or more individual arbitration demands of substantially similar nature filed by us against you and other customers or by you and others against us and (b) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You understand and agree that by participating in a mass arbitration, the resolution of your Dispute might be delayed. If this Batch Arbitration provision is triggered, then JAMS shall:
a. administer the arbitration demands in batches of up to 100 demands in any batch (the precise number to be determined by a JAMS procedural arbitrator; in deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands);
b. appoint a single, different arbitrator for each batch unless the parties agree otherwise; and
c. provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, and one in-person or video hearing (if any) in a format to be determined by the arbitrator that shall be convenient for the parties unless the arbitrator determines that separate hearings are appropriate.
In addition:
d. You and we agree that if the Dispute is subject to this Batch Arbitration process, you and a Company representative will personally appear at any hearing (with counsel, if you and we are represented).
e. You and we (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and we (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes.
f. You and we agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible and that if your claim is delayed, any applicable limitations periods (including any statutes of limitations) are tolled from the date of filing with JAMS consistent with the above until your Dispute is adjudicated, resolved, or withdrawn;
g. Arbitrators appointed pursuant to this Batch Arbitration provision shall issue a separate award for each claimant involved in a batch proceeding; and
h. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
The Additional Procedures for Mass Arbitration (Batch Arbitration) provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
(f) Opt Out of Arbitration. If you do not wish to arbitrate with us, you may notify us in writing within thirty (30) days of your first access or use of this website, by providing the opt-out notice described below. This notice must be received no later than thirty (30) days after the date you access or use the website for the first time. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your account(s) to which the opt-out applies to: [email protected]. This notice must be personally signed by you and contain a clear statement that you wish to opt out of arbitration. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms including this Dispute Resolution section (including the class action and jury trial waivers) will continue to apply to you.
(g) Opt Out of Future Changes. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice containing the same information set forth in (f) above, along with a statement that you wish to opt out of the changes to the arbitration agreement, to the following address within thirty (30) days of the change: [email protected]. Such notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and World Market in accordance with this version of the arbitration agreement.
(h) Optional Appeal. You and World Market agree that the JAMS Optional Appeal Procedures shall apply where there is an award of greater than $100,000, which can be in a single arbitration or the cumulative amount of awards in any one batch arbitration pursuant to section (e) above, or includes injunctive relief.
Class Action Waiver; Jury Trial Waiver.
You and World Market each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing class action waiver that applies whether in arbitration or in litigation, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by applicable law, you and we waive the right to a jury trial.
Governing Law; Jurisdiction.
These Terms and your access to and use of our Services are governed by the laws of the state of Delaware without regard to Delaware's conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration or if you opt out of arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassing New Castle County, Delaware, for purposes of any legal action arising out of or related to access to or use of the Services or these Terms, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.
18. General Terms
(a) Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this website, please send an email to [email protected].You may also contact us by writing to Attn: Customer Care, 1201 Marina Village Parkway, Alameda, CA 94501. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
(b) Force Majeure. We will not be liable for failing to perform resulting directly or indirectly by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, acts of terrorism, natural disaster, or war.
(c) No Waiver; Severability. No waiver of any term of these Terms and Conditions will be binding unless in writing, no waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term. The failure of the Company to exercise or enforce any right or remedy in these Terms and Conditions does not waive that right or remedy, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The provisions of these Terms and Conditions are intended to extend only to the fullest extent permitted by applicable law. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.
(d) Miscellaneous. These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website, and supersedes all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of the Company. The Company may freely assign these Terms and Conditions, in whole or in part. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions.
