WhitneyandWyatt.com Privacy Notice
WhitneyandWyatt.com ("WhitneyandWyatt") recognizes that its customers, visitors, viewers, and others who use www.WhitneyandWyatt.com or other web sites owned or operated by WhitneyandWyatt (collectively or individually "viewers") value their privacy. This Privacy Notice details important information regarding the use and disclosure of Viewer information collected on the WhitneyandWyatt Site. WhitneyandWyatt provides this Privacy Notice to help its viewers make an informed decision about whether to use or continue using the WhitneyandWyatt Site.
Please note that any video, image, ideas, feedback, comments or other content posted at the direction of Viewers onto the WhitneyandWyatt Site becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information WhitneyandWyatt Collects
- Viewer Provided Information: You may provide certain personally identifiable information (like your name and email address) to WhitneyandWyatt when choosing to participate in various activities on the WhitneyandWyatt Site, like watching videos, posting messages in our forums or in the video comments section, responding to surveys, sharing show ideas, giving feedback, taking advantage of promotions, or subscribing to newsletters or other mailing lists.
- Cookies Information: When you visit the WhitneyandWyatt Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. WhitneyandWyatt uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the WhitneyandWyatt Site may not function properly if the ability to accept cookies is disabled.
- Log File Information: When you use the WhitneyandWyatt Site, our may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information like your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
- Clear GIFs Information: When you use the WhitneyandWyatt Site, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Viewers anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our viewers to track which emails are opened by recipients.
The Way WhitneyandWyatt Uses Information
- If you submit personally identifiable information to us through the WhitneyandWyatt Site, then we use your personal information to operate, maintain, and provide to you the features and functionality of the WhitneyandWyatt Site.
- Any personal information, feedback, show ideas, comments, photos or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Viewers when you send messages through the WhitneyandWyatt Sites and other Viewers can contact you through messages and comments. Any of the information listed above that you submit to the WhitneyandWyatt Site may be redistributed through the internet and other media channels, and may be viewed by the general public.
- We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major WhitneyandWyatt Site changes or for customer service purposes).
- We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous Viewer use data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the WhitneyandWyatt Site and to create new features, promotions, functionality, and services by storing, tracking, and analyzing Viewer preferences and trends.
When WhitneyandWyatt Discloses Information
- We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
- We do share non-personally-identifiable information (such as anonymous Viewer use data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the WhitneyandWyatt Site.
- We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
Your Choices About Privacy
To protect your privacy and security, we take reasonable steps (like requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact WhitneyandWyatt with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this email: info@WhitneyandWyatt.com.
Third-party Advertisers, Links to Other Sites
WhitneyandWyatt does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks WhitneyandWyatt to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the WhitneyandWyatt Site, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
Currently, WhitneyandWyatt has no relationships with any third-party ad servers or ad networks.
Our Commitment To Data Security
WhitneyandWyatt uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to WhitneyandWyatt and you do so at your own risk. Once we receive your transmission of information, WhitneyandWyatt makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If WhitneyandWyatt learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. WhitneyandWyatt may post a notice on the WhitneyandWyatt Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using this email: info@WhitneyandWyatt.com.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, WhitneyandWyatt does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the WhitneyandWyatt Site from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the WhitneyandWyatt Site at any time or in any manner. If WhitneyandWyatt learns that personally identifiable information of persons under 13 years of age has been collected on the WhitneyandWyatt Site without verified parental consent, then WhitneyandWyatt will take the appropriate steps to delete this information.
Special Note to International Viewers
In the Event of Merger, Sale, or Bankruptcy
In the event that WhitneyandWyatt is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Viewers as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the WhitneyandWyatt Site constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
Date Last Modified:
This Privacy Notice was last modified June 13, 2007.
Please contact WhitneyandWyatt with any questions or comments about this Privacy Notice using this email: info@WhitneyandWyatt.com.
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (www.WhitneyandWyatt.com), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the WhitneyandWyatt Website.
2. WhitneyandWyatt Website
3. Website Access
A. WhitneyandWyatt hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without WhitneyandWyatt's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WhitneyandWyatt immediately of any breach of security or unauthorized use of your account. Although WhitneyandWyatt will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WhitneyandWyatt or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the WhitneyandWyatt servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, WhitneyandWyatt grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WhitneyandWyatt reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any viewers of the Website with respect to their Viewer Submissions.
4. Intellectual Property Rights
The content on the WhitneyandWyatt Website, except all Viewer Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to WhitneyandWyatt, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WhitneyandWyatt reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Viewer Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the WhitneyandWyatt Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the WhitneyandWyatt Website or the Content therein.
5. Viewer Submissions
A. The WhitneyandWyatt Website may now or in the future permit the submission of videos or other communications submitted by you and other viewers ("Viewer Submissions") and the hosting, sharing, and/or publishing of such Viewer Submissions. You understand that whether or not such Viewer Submissions are published, WhitneyandWyatt does not guarantee any confidentiality with respect to any submissions. You understand that you will not be compensated for providing any content or show ideas to WhitneyandWyatt, now or in the future.
B. You shall be solely responsible for your own Show Idea Submissions and the consequences of posting or publishing them. In connection with Viewer Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WhitneyandWyatt to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Viewer Submissions to enable inclusion and use of the Viewer Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Viewer Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Viewer Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your Viewer Submissions. However, by submitting the Viewer Submissions to WhitneyandWyatt, you hereby grant WhitneyandWyatt a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Viewer Submissions in connection with the WhitneyandWyatt Website and WhitneyandWyatt's (and its successor's) business, including without limitation for promoting and redistributing part or all of the WhitneyandWyatt Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each viewer of the WhitneyandWyatt Website a non-exclusive license to access your Viewer Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Viewer Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a Viewer Submission from the WhitneyandWyatt Website.
C. In connection with Viewer Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WhitneyandWyatt all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage WhitneyandWyatt or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. WhitneyandWyatt does not endorse any Viewer Submission or any opinion, recommendation, or advice expressed therein, and WhitneyandWyatt expressly disclaims any and all liability in connection with Viewer Submissions. WhitneyandWyatt does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and WhitneyandWyatt will remove all Content and Viewer Submissions if properly notified that such Content or Viewer Submission infringes on another's intellectual property rights. WhitneyandWyatt reserves the right to remove Content and Viewer Submissions without prior notice. WhitneyandWyatt will also terminate a Viewer's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a Viewer who has been notified of infringing activity more than twice and/or has had a Viewer Submission removed from the Website more than twice. WhitneyandWyatt also reserves the right to decide whether Content or a Viewer Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. WhitneyandWyatt may remove such Viewer Submissions and/or terminate a Viewer's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any Viewer Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. You understand that when using the WhitneyandWyatt Website, you will be exposed to Viewer Submissions from a variety of sources, and that WhitneyandWyatt is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Viewer Submissions. You further understand and acknowledge that you may be exposed to Viewer Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WhitneyandWyatt with respect thereto, and agree to indemnify and hold WhitneyandWyatt, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. WhitneyandWyatt permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, WhitneyandWyatt provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the WhitneyandWyatt website on the pages containing the Embeddable Player. WhitneyandWyatt reserves the right to discontinue any aspect of the WhitneyandWyatt Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WHITNEYANDWYATT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WHITNEYANDWYATT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WHITNEYANDWYATT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WHITNEYANDWYATT WEBSITE. WHITNEYANDWYATT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WHITNEYANDWYATT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WHITNEYANDWYATT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL WHITNEYANDWYATT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WHITNEYANDWYATT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WHITNEYANDWYATT SHALL NOT BE LIABLE FOR VIEWER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by WhitneyandWyatt from its facilities in the United States of America. WhitneyandWyatt makes no representations that the WhitneyandWyatt Website is appropriate or available for use in other locations. Those who access or use the WhitneyandWyatt Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless WhitneyandWyatt, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the WhitneyandWyatt Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Viewer Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the WhitneyandWyatt Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the WhitneyandWyatt Website is not intended for children under 13. If you are under 13 years of age, then please do not use the WhitneyandWyatt Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WhitneyandWyatt without restriction.
You agree that: (i) the WhitneyandWyatt Website shall be deemed solely based in Washington State; and (ii) the WhitneyandWyatt Website shall be deemed a passive website that does not give rise to personal jurisdiction over WhitneyandWyatt, either specific or general, in jurisdictions other than Washington State. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and WhitneyandWyatt that arises in whole or in part from the WhitneyandWyatt Website shall be decided exclusively by a court of competent jurisdiction located in Seattle, Washington. These Terms of Service, together with the Privacy Notice at http://www.WhitneyandWyatt.com/t/privacy and any other legal notices published by WhitneyandWyatt on the Website, shall constitute the entire agreement between you and WhitneyandWyatt concerning the WhitneyandWyatt Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WhitneyandWyatt's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. WhitneyandWyatt reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the WhitneyandWyatt Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WHITNEYANDWYATT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WHITNEYANDWYATT WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.