Hello, and thanks for visiting! JAND, Inc., which does business as Warby Parker, operates and provides services through www.ca.warbyparker.com (the “Site”), The Warby Parker mobile app (the “App”), the MyVisionDirectory website found at www.myvisiondirectory.com (“MyVisionDirectory”), and our retail locations. We’ll go by “Warby Parker”, “we”, or “us”, to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read. We will also refer to the Site, the App, MyVisionDirectory, our retail locations, and the services available through them as the “Services.”
Before using any of the Services, please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site, on the App, or in any of our retail locations. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and Warby Parker to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, contact us at [email protected].
These Terms and the Site are for residents of Canada. For our U.S. website, please visit www.warbyparker.com.
THESE TERMS PROVIDE THAT, TO THE EXTENT PERMITTED BY LAW, ALL DISPUTES BETWEEN YOU AND WARBY PARKER RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 16 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH WARBY PARKER.
Things happen quickly, both inside and outside of Warby Parker, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time upon 7 days’ notice. We’ll provide notice by changing the "Effective Date" at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because 7 days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
We only permit individuals who are at least as old as the age of majority in their province of residence to use the Services. However, everyone deserves fantastic eyewear. If you are under the applicable age of majority, you can use the Services with the permission and supervision of an adult parent or legal guardian. In all cases, the adult would be the user and is responsible for any and all activity.
Also, you can only use or receive the Services to the extent the laws of Canada and your jurisdiction do not bar you from doing so. These Terms do not override any laws, rules or regulations applicable to you unless such laws, rules, or regulations may be waived.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.
You may be able to navigate some of the Services without creating a user account (“Account”); but certain Services (like making a purchase) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You can share a good book, a nice walk, or even a pair of (non-prescription) glasses. You should not, however, share your Account information. And you shouldn’t use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. You can always delete the personal information from your Account by emailing us at [email protected].
Although we hope to stay with you on your journey to great things and better eyewear, we understand that your road may take you away from Warby Parker for various reasons. If it does, you can delete your Account by emailing us at [email protected].
a. Selecting Your Frames. Warby Parker sells eyeglasses and sunglasses with either prescription or non-prescription lenses. To learn more about the lenses we offer, you can visit the Lenses section of our Help page. If you wish to purchase multiple frames using different prescriptions (for example, your distance prescription and your reading prescription), you will have to place those orders separately. To order frames, select your desired frame and click the “Add to Cart” button to add it to your order. When you check out, you will have the option of choosing between prescription and non-prescription lenses.
b. Your Prescription. If you are purchasing prescription eyewear, check out the Prescriptions section of our Help page for the information we need to fill your prescription and to learn how to provide your prescription information to us. If your prescription does not include an expiration date, we will fill your order in accordance with the applicable legal requirements of the province in which your prescription was written. If your prescription information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.
We keep your prescription on file for some time after you order your glasses, and we make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take us a day or two to retrieve older prescriptions. Please keep that in mind if you need your information by a certain day or time. By requesting a copy of your prescription, you consent to Warby Parker or an affiliated eye doctor sending your prescription over unencrypted email. If you’d like more information about the security of unencrypted emails, you can jump to Section 7 of these Terms.
c. Delivery Information. We’ll need your name, address, and telephone number to complete your order and send you your Warby Parker purchase. For information about shipping and delivery, check out the Orders and the Shipping, returns, and exchanges sections of our Help page. Please click here for delivery estimates, which vary based on order type. We currently do not have an expedited shipping option for Canada.
d. Payment Information. After you have made your eyewear selections and provided your prescription and shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.
e. Checking Order Status. We know how exciting it can be to get a delivery, so once your eyewear is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to call us at 888.492.7297, email us at [email protected], or contact us via Twitter @WarbyParkerHelp if you would like to check the status of your order, or you just want to chat about how excited you are about your new glasses.
f. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To learn how to change or cancel an order, visit the Orders section of our Help page.
g. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or Canada Post).
h. Returns, Exchanges, and Lens Replacements. For more information about returns and exchanges and replacing your lenses, check out the Orders section of our Help page.
i. Insurance. For information on how to apply your insurance to your purchase, click here.
j. Purchase Limits. We want to give all of our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of glasses, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms. For more information about placing special orders, check out the Orders section of our Help page.
k. Language. Presently, our order process only supports the English language.
Warby Parker operates MyVisionDirectory, which allows users to search for and book an eye exam. When using MyVisionDirectory, you may be asked to submit personal information including your name, email address, telephone number, and insurance information.
a. Text Messages. By opting-in to receive text messages from us or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from Warby Parker, some of which may be considered marketing and may be sent using an autodialer. You also represent that you are the owner or authorized user of the mobile device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply. You can opt-out of receiving text messages from us at any time by texting “STOP” from the mobile device receiving the messages. For additional help, you can contact us at 888.492.7297 or [email protected]. And don’t worry - you can make a purchase without agreeing to receive texts from us, and there are many other ways you can communicate with our friendly team, like phone, live chat, email, snail mail, and Morse code :-)
b. Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from Warby Parker are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive financial information, information about your health (including your prescription information), your insurance identification number, or any other sensitive information by text or email, you do so at your own risk. By texting us or requesting that we text you, you consent to receiving unencrypted text messages from Warby Parker. Likewise, by emailing us or requesting that we email you, you consent to receiving unencrypted emails messages from us. Worried about texting or sending anything sensitive? Just give us a call at 888.492.7297.
Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Warby Parker or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services (collectively the "Marks") are proprietary to Warby Parker, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at [email protected].
After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so we’ll give you permission right here: subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, noncommercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. We don’t think you would need to do much else.
Subject to your complete and ongoing compliance with these Terms, you also have the right to use one copy of the App downloaded directly from Warby Parker or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format, for your personal, noncommercial use on a single compatible mobile device that you own or control, for the purpose of accessing and using the Services in accordance with these Terms. The term App, as used in these Terms, includes any update or modification to the App that we make available to you (unless we provide you with separate terms when making the update or modification available).
If you are prohibited under applicable law from using the App or the Services, you may not use them.
Just so we’re clear, however, these rights do not allow you to do any of the following:
a. User Content.
We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections, or similar communications facilities.
“User content” is any public communications or any other material you submit, distribute, transmit, or post to Warby Parker (through the Services; through our pages on third party sites, such as Instagram, Twitter, and Facebook; or through activities in our stores). You will keep all ownership of and license rights in your User Content although, by providing the content to us, you may grant us a license to use it, as we’ll discuss here.
When you submit, distribute, transmit, or post User Content, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Warby Parker to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. Be assured you have our thanks. Lots of it.
In addition to giving Warby Parker a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The bottom line is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the materials to us.
b. Representations About Your User Content
We need you to promise us certain things about your submissions so that you don’t get us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant (archaic lawyer words for “pinky promise”) that:
In addition, any User Content must not:
c. Private vs. Non-private Content
We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn’t work if all your communication were completely private. Therefore, we don’t treat as private of confidential any User Content that you provide to those features of the Services. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.
d. A Note About Third-Party Content and User Content
You may see a lot of content on the Services (especially with your new eyewear). Some of this content will come from other users or sources outside of Warby Parker. All content, including User Content and third-party content, is the responsibility of the party that creates it. Warby Parker does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
Disrupting traditional models in the eyewear industry keeps us pretty busy, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Warby Parker will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Warby Parker or another party provides it.
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):
Please contact the Designated Agent to receive notice of claimed infringement by calling 888.492.7297, emailing [email protected], or writing Warby Parker, 233 Spring Street, New York, NY 10013, USA, Attn: Legal Department.
a. In certain jurisdictions, laws (such as Quebec’s Consumer Protection Act) do not allow parties to place limitations on certain warranties, representations or conditions or exclude or limit certain damages. If these laws apply to you, some or all of this section, the section titled “Limitation of Liability” or other parts of these Terms might not apply to you, and you might have more rights than listed in these Terms.
b. We like you and want you to be a long time customer, but we have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
c. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
(Sorry about this, but the below gets a little dense. All-caps doesn’t mean we’re yelling; our lawyers told us to do it.)
d. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARBY PARKER DISCLAIMS ALL REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY WARBY PARKER OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WARBY PARKER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WARBY PARKER OR ANYONE REPRESENTING WARBY PARKER BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR WARBY PARKER'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) USD$500.00.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WARBY PARKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We really hope we won’t ever have to do this, but we reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
If you are not a resident of Quebec, the following applies to you: (If you are a Quebec resident, stay tuned (that is, skip to the next section) to see what applies to you instead.) Any dispute or claim relating to your use of our Services, or to any products sold through our Services, will be resolved by binding arbitration, rather than in court. In interpreting and deciding matters relating to these Terms and our Services, the arbitrator will apply the U.S. Federal Arbitration Act and U.S. federal arbitration law. Arbitration differs from court because there is no judge or jury in arbitration. However, arbitration decisions and awards are binding, similar to decisions from a court, a court’s ability to review an arbitration award is very limited. Despite this provision, you may assert claims in small claims court if your claims qualify.
No matter where you’re located, unless you are located in Quebec, the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the State of New York in the United States will govern these Terms and the relationship between you and Warby Parker as if you signed these Terms in New York, without regard to principles of conflicts of laws. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent.
If you are a Quebec resident: These Terms and any dispute that might arise between you and Warby Parker shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein. Any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
a. Generally. In the interest of resolving disputes between you and Warby Parker in the most expedient and cost effective manner, you and Warby Parker agree that, to the extent permitted by law, every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, BY ENTERING INTO THESE TERMS, YOU AND WARBY PARKER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Despite the provisions of Section 17(a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, provincial, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and Warby Parker will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Warby Parker. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Warby Parker's address for Notice is: JAND, Inc., 233 Spring Street, New York, NY 10013, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Warby Parker may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Warby Parker must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Warby Parker in settlement of the dispute prior to the arbitrator’s award; or (iii) USD$1,000.
e. Fees. If you commence arbitration in accordance with these Terms, unless your claim is for more than $10,000, the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) virtually; or (ii) via a mutually agreed upon method and location. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Warby Parker for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. Except where prohibited by law, you waive any right you may have to begin or participate in any class action against Warby Parker related to any claim or dispute (whether in contract or tort or pursuant to statute or regulation) and, where applicable, you also agree to opt out of any class proceedings against Warby Parker. Further, unless both you and Warby Parker agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with Warby Parker will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
h. Enforceability. If Section 16(f) is found to be unenforceable or if the entirety of this Section 16(f) is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to these Terms.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
To the extent that you are using the App on an iOS device, you further acknowledge and agree to the terms of this Section 20. You acknowledge that these Terms are between you and Warby Parker only, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Services and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms constitute the entire agreement between you and Warby Parker and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, mechanical, electronic or communications failure, or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation. It is the express wish of the parties that these Terms be drawn up in the English language. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
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