PRIVACY POLICY — Last updated May 25, 2018

Who we are

This Privacy Policy describes how personal information is collected, used, and shared when you visit or make a purchase from any waitbutwhy.com page (the “Site”), which includes the Wait But Why store (the “Store”), and which applies to all visitors to our Site. In order to visit and use the Site, you must agree to both this document and our Terms of Service, which can be found at the bottom of this page.

“Wait But Why” (“we”, “our”, “us”, etc., also “WBW”) refers to our company, known as “Wait But Why Inc”, our website, or services we provide, depending on the context in which it is used. Our website address is https://waitbutwhy.com and our store is https://store.waitbutwhy.com. You can contact us with any privacy concerns at [email protected].

The data we collect and why we collect it

Wait But Why relies on other websites and organizations as data processors for services including but not limited to analytics, user commenting, hosting, and e-commerce. Some of these websites operate within the Site as WordPress plugins and overlays. Any website, plug-in, overlay, or embedded media used by Wait But Why on the Site is herein referred to as a “Connected Service”. You are subject to the terms of service and privacy policies of all Connected Services where applicable. Wait But Why does not control the privacy policies of any third parties. A full list of Connected Services is provided in the section titled “Sharing and sending your data”.

Anonymous Data

When you visit the Site, Wait But Why and the appropriate Connected Services automatically collect certain information about your device that, on its own, cannot personally identify you, including information about your web browser, IP address, time zone, and the cookies installed on your device (“Anonymous Data”). You can browse the Site without telling us who you are or revealing any personal data about yourself.

To make the Site more useful to you, to improve your personal experience with the Site, and to help us better understand our audience and Site, some of our Connected Services use cookies, URL information, pixels, and other automated technology to provide aggregate Anonymous Data reports including, for example, the success rate of an email address collection form or audience traffic by time of day.

Personal Data

If you provide your email address, full name, or any other personally identifiable information, including that provided in an online purchase, (“Personal Data”) to us, Wait But Why or the appropriate Connected Services will store the Personal Data for the purposes you consent to upon providing your information (for example, the purpose of contacting you with updates about Wait But Why and content from the Site when you sign up for our mailing list).

If you place an order in the Store (processed by Shopify), buy a digital good on the Site (processed by Gumroad), support us with a gift or membership (processed by PayPal, Stripe, or Patreon), or otherwise make any purchase or financial transaction on the Site, you become a paying customer of the Site and your order information, along with some Personal Data, will be used and stored by Wait But Why and any relevant Connected Service as needed for the purposes of fulfilling your order and communicating with you about your order. Wait But Why does not have direct access to your secure financial information such as your credit card number, which is protected by the relevant Connected Service.

Our responsibility and legitimate business use

Wait But Why will only use your information for functions that we believe in good faith are necessary to perform our business throughout the Site or to protect the security or proper functioning of the Site. We will not add you to our email list without your consent, and we will never sell, barter, or otherwise share any of your information with any third parties that are not explicitly acting on behalf of Wait But Why for the purposes of Wait But Why’s legitimate business (see “Connected Services” in “Sharing and sending your data”). We will never charge you for anything you have not consented to purchase. If you believe you have been charged or contacted in error, please email us at [email protected].

Comments

Our comment widgets are hosted by Disqus and Facebook; Wait But Why does not process any data as it pertains to comments on the Site. If you leave an anonymous comment through Disqus, Disqus will collect your IP address and email address for spam protection. As of May 2018, per Disqus, Wait But Why will not be able to see this information if you choose to remain anonymous.

Any information you choose to share in a comment—for example, your full name, if it is your Facebook or Disqus username, will be visible to all visitors to the Site. If you upload images to the Site, visitors to the Site can download and extract any location data from those images, so for privacy purposes, we recommend removing any embedded location data (EXIF GPS) before uploading an image. Wait But Why is not responsible for the actions and comments of other visitors to the site, including actions and comments related to any information you willingly provide in the public forum.

Embedded content from other websites

Articles on the Site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged into that website.

Sharing and sending your data

International transfer

Your information may be transferred to—and maintained on—computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Wait But Why transfers Personal Data to the United States and processes it there. Your consent to the Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Connected Services and other third parties

When you disclose your information to us, we may delegate our authority to collect, access, use, and disseminate your information with third-party individuals and organizations to assist us, including contractors, web hosts, and others.

In addition to the Connected Services listed below, we may also share your information with other contracted service providers acting on behalf of Wait But Why or other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

In addition, we may disclose your data to comply with applicable laws and regulations to respond to a subpoena, search warrant, or other lawful request for information we receive, or to otherwise protect our rights.

We do not run advertisements or paid content on the Site, nor do we sell, barter, or otherwise commercialize your data to any third-party marketers.

Wait But Why is not responsible for the data collection policies or practices of any third parties. You agree to not hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

The following list of Connected Services is provided for your convenience and reference, so you may read each of their policies and better understand how your information is being used. This list is subject to change and we will update the list periodically (current as of May 25, 2018). Contracted and other for-hire services as described above are not considered Connected Services.

Airtable (Privacy, Terms of Service) — We use Airtable for everyday operations, including planning for live events. We may export some Personal Data data to Airtable as needed for organization and administrative purposes.

Amazon (Privacy, Conditions of Use) — We use Amazon affiliate links to recommend relevant products to our users, often in direct relation to an article on the Site. When you click an affiliate link, we will receive a tiny portion of the money you spend at no additional cost to you.

Chartbeat (Privacy, Terms of Use) — We share Anonymous Data with Chartbeat for real-time and historical analytics, to measure and analyze content performance and audience acquisition and behavior.

ConvertKit (Privacy, Terms of Service) — We use ConvertKit for our mailing lists, to collect email addresses, contact users with updates about the Site, and share articles from the Site. If you opt in to our ConvertKit list after placing an order through the Store, your order history and address will be saved to your ConvertKit profile. We have access to all ConvertKit profiles, including any Personal Data provided to us and other relevant data including a user’s history of interactions with our campaigns.

Disqus (Privacy, Terms of Service) — Disqus provides an embedded comment widget for the Site.

Facebook (Data, Terms of Service) — Facebook provides an embedded comment widget for the Site and Facebook Pixel tracking for evaluating audience acquisition and behavior.

Google (Privacy and Terms) — We use Google Analytics to measure and analyze technical performance of the Site, content performance, and audience acquisition and behavior.

Gumroad (User Agreement) — Gumroad processes sales of our PDFs and uses some basic Anonymous Data to tell us about conversion rates for our products. We have access to your email address and purchase history, which are stored by Gumroad. In the case of a dispute related to a Gumroad charge, Gumroad will represent us in resolving the dispute. We may use Gumroad to sell other digital goods in the future.

Shopify (Privacy, Terms of Service) — The Store uses Shopify for various digital aspects of physical purchases, including processing, fulfillment and inventory tracking, shipping notifications, and customer support. Shopify also provides user analytics for the Store.

YouTube (Privacy, Terms of Service) — We use YouTube to embed video clips related to the content of an article.

Zendesk (Legal) — The Store support team uses Zendesk for all customer support correspondence.

Security

We take certain measures to enhance the security of our Site and Service, including using SSL certificates, vulnerability scanning, and hosting that is compliant with the most recent security measures and recommendations. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

Wait But Why is hosted on a dedicated environment in WPEngine (Privacy, Terms of Service, Data Privacy addendum) and supported by Cloudflare (Security, Privacy, Vulnerability Disclosure). Neither service collects or stores any Personal Data, but if either detects a major security risk to the Site, we will be notified immediately and take all appropriate measures to secure the Site and notify the affected users.

Storing and retaining your data

Wait But Why or any relevant Connected Service may retain Personal Data indefinitely. We are required to retain some basic information for administrative, legal, or security purposes. We retain customer order information for the purposes of providing customer support, improving customer experience, and measuring customer return rates and satisfaction over time. If you sign up for our email list, we will retain the provided Personal Data, including your email address, for the purposes of sending you relevant emails and analyzing subscriber behavior. If you leave a comment, the comment and its metadata are retained indefinitely. Please see the section titled “What rights you have over your data” for more information.

We do not currently collect any user profile data. If we implement user profiles in the future, we will store the personal information provided by any users that register, indefinitely. All users will be able to see, edit, or delete their personal information. Administrators of the Site can also see and edit that information.

What rights you have over your data

You may request to receive an export of the personal data we hold about you at any time. You may unsubscribe from our mailing list at any time. You may choose to delete a comment left on the site at any time. You may also request that we erase any personal data about you from any Connected Services where we have control over your data retention. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

End.

The remainder of this page is not part of our Privacy Policy. See below for secure browsing suggestions, followed by our Terms of Service.

Secure browsing suggestions

Some major websites and services provide options for opting out of tracking and other Anonymous Data and Personal Data collection, and for those that don’t, most major browsers have tools or extensions that help you protect your data. We have provided some resources and suggestions that may help you control the way websites (including Wait But Why) can use and store your online data. We are not lawyers and make no guarantees, and none of this should be taken as legal advice.

To opt out of Google Analytics tracking: https://tools.google.com/dlpage/gaoptout

To opt out of Chartbeat tracking: http://static.chartbeat.com/opt-out.html

To opt out of targeted advertising by Facebook: https://www.facebook.com/settings/?tab=ads

To opt out of targeted advertising by Google: https://www.google.com/settings/ads/anonymous

To opt out of targeted advertising by Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

For more options, visit the Digital Advertising Alliance’s opt out portal at: http://optout.aboutads.info/

When sharing personal data, especially for financial transactions, check that the website you are visiting is secure (“https” with a valid security certificate, usually located to the left of your URL bar). Be cautious about sharing your personal information in public (e.g., online forums).

Search “Do Not Track” (DNT) in your browser’s plugin/extension store or find a browser with the option built in. Note that not all websites honor DNT requests.

You can change your browser settings to refuse cookies, but that may limit your access to some websites or limit their ability to provide you with personalized experiences (for example, you may always see a popup that you would otherwise only see upon your first visit).

Logging out of major services such as YouTube, Google, and Facebook in your browser may help limit the amount of personal data collected and stored by those services as you browse the internet. Firefox allows you to open tabs in “containers”, which creates separate browsing environments in one window.

TERMS OF SERVICE — Last updated March 2015

1. Introduction

Thank you for visiting Wait But Why. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both documents in order to have permission to use our Service.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service;

“Service” refers to the services that we provide through our Site, including our long-form writing and illustrations and our Site itself;

“Site” refers to our website, www.waitbutwhy.com;

“User” refers to anyone who uses our Service, including general visitors to our Site;

“Wait But Why” refers to our company, known as “Wait But Why Inc”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“You” refers to you, the person who is entering into this Agreement with Wait But Why.

3. Description of Service

Wait But Why is a website with original long-form writing and illustrations. It is intended for anyone who likes to laugh, think, and learn. Subject to this Agreement, anyone is eligible to use our Service.

4. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Wait But Why, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
• You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
• You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

5. Rules of Use

You must not:

• Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
• Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Wait But Why.
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Wait But Why Site, Service, or its Users’ computers.
• Do anything else which could bring Wait But Why into disrepute or violate the rights of any person.

6. Payment, Pricing, Refunds, and Shipping

Payment

Payment can be made by means of PayPal, Visa, MasterCard, Discover, American Express, or Bitcoin. Unless otherwise stated, all prices are listed in United States dollars or in Bitcoin.

Refunds

Wait But Why guarantees all products we sell to be free from defects and will happily replace or refund you for any defective items you wish to return. If you are not happy with the fit, quality, color, or size of an item you may return it and choose something in another size or color for the price. We will replace any item that you are not completely happy with. This excludes international orders, although extra effort is made to ensure all products are free from manufacturing defects at the time of shipment. Please inquire to [email protected] to discuss your issue case by case. Return and refund inquiries must be made via e-mail to [email protected] within 30 days of receiving the order, as per tracking notifications. Items that are worn or used require special consideration and are not guaranteed replacements or refunds. Wait But Why will ship replacement items via Standard Mail at no cost to the customer.

Shipping

Wait But Why adheres to the following shipping guidelines:

• USPS
• Standard – First Class Mail (1-5 days)
• Priority Mail (2-3 days)
• First Class International Mail (5-12 days)
• Orders are processed and shipped within 72 hours (weekends excluded), often within 24 hours. Tracking numbers are e-mailed when an order is processed. Allow 24 hours for tracking information to be updated by USPS after determined shipping date.

Wait But Why is not responsible for customs duties tariffs required by local governments for international orders. The recipient is required to pay duties as per local government notifications.

Pricing and Other Terms

Additional terms surrounding payment, pricing, refunds, and shipping may be published on our Site or otherwise communicated by us to you and are hereby incorporated into this Agreement by reference.

7. Discounts

Discounts do not apply towards shipping unless otherwise stated in the promotional coupon and code. Credits can be applied towards products only. Only one discount or coupon can be applied to an order.

If you forgot to enter your discount/coupon at the time of purchase, please e-mail [email protected] within 24 hours of confirmation of your order and we will gladly apply the code.

Wait But Why may refuse to honor discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

8. Chargebacks and PayPal Disputes

Where a User conducts a chargeback or PayPal dispute against Wait But Why, such User shall be liable to Wait But Why for the full amount of the chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Wait But Why in the enforcement of its rights under this section.

9. Our Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.

10. Your Copyright

Wait But Why must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

11. Trademarks

“Wait But Why,” “The Instant Gratification Monkey,” and “The Panic Monster” are marks used by us, Wait But Why Inc, to uniquely identify our Site, Service, and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own website or business.

12. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

13. Copyright & Trademark Infringement

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically and send it to our Copyright Agent at [email protected].

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

14. Communications Decency Act

Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at [email protected] if any of our Users have posted anything that you believe is defamatory.

15. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

16. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

17. Choice of Law

This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.

18. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the State of California (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

19. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Wait But Why shall have the sole right to elect which provision remains in force.

21. Non-Waiver

Wait But Why reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

22. Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

23. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

24. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service and your continued use of our Service shall constitute your acceptance of this Agreement.

25. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Wait But Why must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [email protected].

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.