Welcome to WhybPosh.com (the “Website”). WHYBPOSH LLC and/or its affiliates (“WHYBPOSH”) provide website features and other products and services to you when you visit or shop at the Websites, use WHYBPOSH products or services, use WHYBPOSH applications for mobile, or use software provided by WHYBPOSH in connection with any of the foregoing (collectively, the “WHYBPOSH Services”). WHYBPOSH provides the WHYBPOSH Services subject to the following conditions. By using WHYBPOSH Services, you agree to these conditions. Please read them carefully. We offer a wide range of WHYBPOSH Services, and sometimes additional terms may apply. When you use a WHYBPOSH Service (for example, Gift Certificates or WHYBPOSH applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that WHYBPOSH Service (Service Terms). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Privacy
Please review our Privacy Notice, which also governs your use of WHYBPOSH Services, to understand our practices.
Electronic Communications
When you use any WHYBPOSH Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Websites or through the other WHYBPOSH Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any WHYBPOSH Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations, is the property of WHYBPOSH or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any WHYBPOSH Service is the exclusive property of WHYBPOSH and protected by U.S. and international copyright laws.
Trademarks
SHOPWHYBPOSH, SHOPWHYBPOSH.COM, WHYBPOSH, WHYBPOSH-BASICS, WHYBPOSH BIJOUX, STATE & LAKE, AMI DANS LA RUE, OF NOTE, EAST DANE, EASTDANE.COM, and other WHYBPOSH graphics, logos, page headers, button icons, scripts, and service names included in or made available through any WHYBPOSH Service are trademarks or trade dress of WHYBPOSH LLC in the U.S. and other countries. WHYBPOSH’s trademarks and trade dress may not be used in connection with any product or service that is not WHYBPOSH’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WHYBPOSH. All other trademarks not owned by WHYBPOSH that appear in any WHYBPOSH Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WHYBPOSH.
License and Site Access
Subject to your compliance with these Conditions of Use, WHYBPOSH grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the WHYBPOSH Services. This license does not include any resale or commercial use of any WHYBPOSH Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any WHYBPOSH Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by WHYBPOSH or its licensors, suppliers, rights holders, or other content providers. No WHYBPOSH Service, nor any part of any WHYBPOSH Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WHYBPOSH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WHYBPOSH without express written consent. You may not use any meta tags or any other "hidden text" utilizing WHYBPOSH’s name or trademarks without the express written consent of WHYBPOSH. You may not misuse the WHYBPOSH Services. You may use the WHYBPOSH Services only as permitted by law. The licenses granted by WHYBPOSH terminate if you do not comply with these Conditions of Use or any Service Terms.
Your Account
If you use any WHYBPOSH Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WHYBPOSH does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the WHYBPOSH Services only with involvement of a parent or guardian. WHYBPOSH reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. WHYBPOSH reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant WHYBPOSH a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WHYBPOSH and its sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify WHYBPOSH for all claims resulting from content you supply. WHYBPOSH has the right but not the obligation to monitor and edit or remove any activity or content. WHYBPOSH takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints
WHYBPOSH respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
All items purchased from WHYBPOSH are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
WHYBPOSH does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, WHYBPOSH does not take title to the refunded item. For more information about our returns and refunds, please see USA Returns and International Returns in our Customer Service pages.
Product Descriptions
WHYBPOSH attempts to be as accurate as possible. However, WHYBPOSH does not warrant that product descriptions or other content of any WHYBPOSH Service is accurate, complete, reliable, current, or error-free. If a product offered by WHYBPOSH itself is not as described, your sole remedy is to return it in unused condition.
Pricing
With respect to items sold on the Websites, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
WhybPosh Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with WHYBPOSH Services (the “WHYBPOSH Software”).
OTHER BUSINESSES
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. WHYBPOSH does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WHYBPOSH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WHYBPOSH SERVICES ARE PROVIDED BY WHYBPOSH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WHYBPOSH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WHYBPOSH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WHYBPOSH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WHYBPOSH SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WHYBPOSH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHYBPOSH DOES NOT WARRANT THAT THE WHYBPOSH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WHYBPOSH SERVICES, WHYBPOSH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF WHYBPOSH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHYBPOSH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WHYBPOSH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WHYBPOSH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By using any WHYBPOSH Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and WHYBPOSH.
Disputes
Any dispute or claim relating in any way to your use of any WHYBPOSH Service, or to any products or services sold or distributed by WHYBPOSH or through the Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the American Arbitration Association (AAA) 1776 I St NW #850, Washington, DC 20006. AAA will conduct the arbitration under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, WHYBPOSH will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of WHYBPOSH Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address:
Arreit Nicole LLC
PO BOX 1940
Clinton, MD 20735
http://www.whybposh.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WHYBPOSH’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying WHYBPOSH that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
WHYBPOSH’s Copyright Agent for notice of claims of copyright infringement on the Websites can be reached as follows:
Copyright Agent
WHYBPOSH
137 National Plaza, Ste. 300
National Harbor, MD 20745 USA
phone: 202-423-5900
e-mail: info@whybposh.com
Additional WHYBPOSH Software Terms
1. Use of the WHYBPOSH Software. You may use WHYBPOSH Software solely for purposes of enabling you to use and enjoy the WHYBPOSH Services as provided by WHYBPOSH, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the WHYBPOSH Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the WHYBPOSH Software or otherwise assign any rights to the WHYBPOSH Software in whole or in part. You may not use the WHYBPOSH Software for any illegal purpose. We may cease providing any WHYBPOSH Software and we may terminate your right to use any WHYBPOSH Software at any time. Your rights to use the WHYBPOSH Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain WHYBPOSH Software that are specifically identified in related documentation may apply to that WHYBPOSH Software (or software incorporated with the WHYBPOSH Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any WHYBPOSH Service is the property of WHYBPOSH or its software suppliers and protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the WHYBPOSH Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the WHYBPOSH Software, whether in whole or in part, or create any derivative works from or of the WHYBPOSH Software.
4. Updates. In order to keep the WHYBPOSH Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the WHYBPOSH Software. If you are a U.S. Government end user, we are licensing the WHYBPOSH Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the WHYBPOSH Software are the same as the rights we grant to all others under these Conditions of Use.
Last updated: August 24, 2021