Terms and Conditions

This website and any mobile application (collectively, this “Site”) is owned by DS (“We”,
“Us” or “TheWHYCity”). We are providing you with access to this Site and
(together, our “Services”) subject to the following terms and conditions. By browsing, accessing,
using, registering for or purchasing merchandise on this Site, or otherwise using our Services, you
are agreeing to all of the following terms and conditions, including any policies referred to herein
(collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change
this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should
not browse, access, use, register for, or purchase merchandise from the Site. You represent and
warrant that you are at least 15 years old or visiting this Site under the supervision of a parent or
guardian.

Privacy Policy:

Our Privacy Policy, which also governs your visit to Our Site, can be found at
Privacy Policy. Please review our Privacy Policy for information on how We collect, use and share
information about our users.

. Please review our Privacy Policy for information on how We collect, use and share
information about our users.

Use of This Site:

Subject to your compliance with these Terms, We grant you a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make personal, non-commercial use of
this Site. This license grant does not include: (a) any resale or commercial use of this Site or content
therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses
of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and
extraction methods on this Site. You may not use, frame, or utilize framing techniques to enclose any
of Our trademark, logo, content or other proprietary information (including the images found at this
Site, the content of any text or the layout/design of any page or form contained on a page) without
Our express written consent. Further, you may not use any meta tags or any other “hidden text”
utilizing Our name, trademark, or product name without Our express written consent. Any breach of
these Terms shall result in the immediate revocation of the license granted in this paragraph without
notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the
homepage of this Site so long as the link does not portray Us or Our products or services in a false,
misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time.
You may not use any of Our logos or other proprietary graphics or trademarks as part of the link
without express written permission.

Account:

In order to access some features of this Site, you may be required to register and We may assign to
you, or you may be required to select, a password and username or account identification. If you
register, you agree to provide Us with accurate and complete registration information, and to inform
us immediately of any updates or other changes to such information. You are solely responsible for
protecting the security and confidentiality of the password and identification assigned to you. You
shall immediately notify Us of any unauthorized use of your password or identification or any other
breach or threatened breach of this Site’s security. Each time you use a password or identification,
you will be deemed to be authorized to access and use the Site in a manner consistent with these
Terms, and We have no obligation to investigate the authorization or source of any such access or
use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE
BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR
ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY
AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL
OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Electronic Communication:

When you use this Site, or send emails to Us, you are communicating with Us electronically. You
consent to receive communications from Us electronically. We will communicate with you by email
or by posting notices on this Site or through our other services. You agree that all agreements,
notices, disclosures, and other communication that We provide to you electronically satisfy any legal
requirements that such communications be in writing.

User Content:

This Site may include features and functionality (“Interactive Features”) that allows users to create,
post, transmit, or store any content, such as text, music, sound, photos, video, graphics, or code on
the Sites (“User Content”). User Content is publicly-viewable and may include your profile information
and any content you post pursuant to your profile, but it does not include your account information or
information you submit in order to make a purchase. You agree that you are solely responsible for
your User Content and for your use of Interactive Features, and that you use any Interactive Features
at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute,
store, create, or otherwise publish or send through the Sites any of the following:
● User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or
otherwise objectionable;
● User Content that would constitute, encourage, or provide instructions for a criminal
offense, violate the rights of any party or that would otherwise create liability, or violate
any local, state, national, or international law;
● User Content that displays, describes, or encourages usage of any product We sell in a
manner that could be offensive, inappropriate, or harmful to Us or any user or
consumer;
● User Content that may impinge upon or violate the publicity, privacy, or data protection
rights of others, including pictures, videos, images, or information about another
individual where you have not obtained such individual’s consent;
● User Content that makes false or misleading statements, claims, or depictions about a
person, company, product, or service;
● User Content that may infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party;
● User Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity; and
● Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or
destructive files or code.

Rights in User Content:

Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We
claim no ownership or control over any User Content. However, by submitting or posting User
Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable,
transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display such User Content on this Site and on
third-party sites and mobile applications and in all other media or formats, whether currently known
or hereafter developed, for any purpose and without any compensation to you. You also grant users
of this Site the right to access your User Content in connection with their use of this Site. By posting
User Content to this Site, you represent and warrant that (a) such User Content is non-confidential;
(b) you own and control all of the rights, title, and interest in and to the User Content, or you
otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us
the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or
harmful in any manner; and (d) the User Content, and your use and posting thereof in connection
with this Site, do not and will not violate these Terms or any other of Our applicable terms,
guidelines, or policies or any applicable law, rule or regulation.

Feedback:

Separate and apart from User Content, you may have the ability to submit questions, comments,
suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials,
and other information regarding this Site, Us, and our products or services (collectively “Feedback”).
You agree that Feedback is non-confidential and shall become Our sole property. We shall own
exclusive rights, including all intellectual property rights, in and to such Feedback and shall be
entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.

Ownership:

As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips,
software, source code, and other aspects thereof (excluding User Content), all improvements or
modifications thereof, all derivative works based thereon, and the collection, arrangement, and
assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other
intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and
protected by applicable copyright laws. The use of any of Our trademarks or service marks without
our express written consent is strictly prohibited. You may not use our trademarks or service marks
in connection with any product or service in any way that is likely to cause confusion. You may not
use our trademarks or service marks in any manner that disparages or discredits us. You may not
use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in
these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our
patents, copyrights, trademarks, trade secrets, or other proprietary rights.

Links:

This Site may contain links to other sites on the Internet that are owned and operated by third
parties. You acknowledge that We are not responsible for the operation of or content located on or
through any such site

Termination:

You may terminate the Terms at any time by closing your account, discontinuing your use of this
Site, and providing Us with a notice of termination. We reserve the right, without notice and in our
sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or
prevent your future access to and use of this Site or any portion of this Site.

Indemnification:

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless
Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners,
members, employees, independent contractors, service providers, and consultants (“Our Related
Parties”), from and against any claims, damages, costs, liabilities, and expenses (collectively,
“Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User
Content you post, upload, use, distribute, store, or otherwise transmit on or through this Site; (c) any
Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of
another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending
such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including
but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the
defense or settlement of any third party Claims.

Disclaimers:

Except as expressly provided, this Site, including all Site Content, and services provided on or in
connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without
representations, warranties, or conditions of any kind, either express or implied. WE DISCLAIM ALL
OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES; EXPRESS, IMPLIED, OR
STATUTORY; INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES, OR CONDITIONS:
(A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND
NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF
PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current,
or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other
harmful components.

Exclusivity of Remedy; Limitation of Liability:

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall
be your right to return the product, or receive a refund for the service under Our applicable returns
and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES BE LIABLE FOR
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR
LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR
OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF
ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE, EXCEED THE PURCHASE PRICE
OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT
LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL,
WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

Remedies:

You agree that our remedy at law for any actual or threatened breach of these Terms would be
inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in
addition to any damages that we may be legally entitled to recover, together with reasonable
expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or
remedy of ours shall be exclusive of any other, whether at law or in equity, including without
limitation damages injunctive relief, attorneys’ fees, and expenses.

Modifications to Site:

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or
portions thereof without prior notice.

Severability:

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed several and shall not affect the validity and enforceability of any
remaining provision.

No Third-Party Beneficiaries:

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not
intended to confer any right or benefit on any third party or to create any obligations or liability of a
party to any such third party.

Miscellaneous:

No agency, partnership, joint venture, or employment relationship is created as a result of these
Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may
provide you with notices, including those regarding changes to these Terms, by email, regular mail, or
postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the
Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to
exercise or enforce any right or provision of these Terms shall not constitute a waiver of the
enforcement of such right or provision. If any provision of these Terms is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that
these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not
assignable, transferable, or sublicensable by you, except with our prior written consent. These Terms
include and incorporate by reference Our Privacy Policy, which can be found at Privacy Policy, and any notices regarding the Site.

Questions:

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed
to our support staff by emailing us here.