Thank you for coming to ca.warbyparker.com (the “Site”). JAND, Inc., which does business as Warby Parker, operates the Site and provides services through the Site, but we’ll just go by “Warby Parker”, ”we”, or “us” because that’s how you know us. 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, such as by providing quick tips and explanations throughout. We will also just refer to both the Site and the services available through the Site as the “Services” to try to keep things short – shorter at least.

Before using any of the Services, please read these Terms of Use and any other policies and notices on the Site (the “Terms”) and our Privacy Policy. Together, these materials contain terms, rules, and other guidelines related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use the Services if you do not agree. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Because these terms are legally binding, we want to make sure you understand them, please contact us at [[email protected]] (mailto:[email protected]).

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. We’ll make sure to also change 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 once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

You may only use the Services if you are at least as old as the age of majority in your province of residence. However, everyone deserves fantastic eyewear, so 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. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. 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, non-commercial 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. You should review it if you would like to know more about how we collect, use, and treat your information.

We don’t believe in putting unnecessary roadblocks in the way of your travels through our Services. You can maneuver most of the Services without creating a user account (“Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. 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 an old pair of (non-prescription) glasses. You should not, however, share your Account information. You may never 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.

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].

1. Select Your Frames: Warby Parker sells optical and sunwear frames that can have either prescription or non-prescription lenses. If you wish to purchase multiple frames utilizing different prescriptions (for example, your distance prescription and your reading prescription), you will have to place those orders separately.

a. Optical Frames: To order an optical frame, select the desired frame and click the “Add to Cart” button to add it to your order. When you checkout, you will have the option of choosing between three types of eyewear, each featuring a different lens type:

• prescription eyewear, featuring prescription lenses;
• readers (i.e., reading glasses), featuring reading/magnifying lenses; and
• non-prescription eyewear, featuring non-prescription lenses.

b. Sunwear Frames: To order sunwear frames, select the desired frame and click the “Add to Cart” button under either the non-prescription or prescription option.

2. Provide Your Prescription: If you are purchasing prescription eyewear, you can provide your prescription information by one of the following methods:

• uploading a picture of your prescription from your computer;
• asking us to call your doctor for your prescription information (you'll have to give your doctor permission to share your prescription with us); or
• providing it later by emailing us at [email protected] or faxing it to us, along with your name and order number, at 877.277.6340.

Please note that your prescription must be valid on the date you place your order. 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 or order 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 order.

3. Pupillary Distance Measurement: We will also need your Pupillary Distance (“PD”) (fancy words to describe the distance between your pupils) to fill your order. If your PD is not on your prescription, you can have a local optical shop measure your PD, and we will reimburse you up to CAD$50 for that expense if you purchase glasses from Warby Parker. We also provide self-measurement tools online, but there is always a risk that your measurement will not be as accurate as one performed by a trained eye care professional. By using our tools, you acknowledge that risk and agree that we will not be responsible for any inaccuracies in your PD.

4. High-Index Lens Option: If your prescription has a combined sphere and cylinder stronger than ±4.00, you have the option to purchase high-index lenses for an additional fee. These lenses are even thinner and lighter than our standard lenses and are great for users with strong prescriptions. These lenses may not, however, be appropriate for our younger or more active customers because they are less impact-resistant than most of the lenses we sell.

5. Delivery Information: To get you your Warby Parker eyewear, we’ll need your name, address, and telephone number. Please click here for delivery estimates, which vary based on order type. We currently do not have an expedited shipping option for Canada.

6. Payment: After you have made your eyewear selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option.

7. 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 so you can follow their journey to you. Feel free to call us at 888-492-7297, Monday through Friday, 9am to 9pm Eastern Time; 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.

8. Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we will try our best to accommodate order modifications, we cannot guarantee them. If you would like to change or cancel an order, call us at 888-492-7297 Monday through Friday, 9am to 9pm Eastern Time, or email us at [email protected] with the subject line “Change/Cancel Order” and we will see what we can do. If we are unable to make the requested change or cancellation, it is usually because we have already shipped the order.

9. 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).

10. Returns, Exchanges and New Lenses: You have 30 days to return or exchange your Warby Parker eyewear from the day you receive them. We provide free return shipping for orders within Canada. Please click here for information on returns and exchanges. If you would like to keep your glasses but want to order new lenses, please click here for more information about ordering new lenses.

11. Access to your Prescription: 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 (say, more than two years old). Please keep that in mind if you need your information by a certain day or time.

12. Personal Use Only: We know our glasses are a great value and that you can likely make a pretty penny by reselling them. All orders must be for personal use only and cannot be purchased for resale or other commercial use. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

Tip: You can buy Warby Parker glasses for yourself, your family, your friends, random strangers or even your worst enemies. You can buy them for form or function. But you can’t buy them to resell.

13. Language: Presently, our order process only supports the English language.

Tip: If you use the Services, you get cool new glasses (or maybe a monocle). You do not get any of our intellectual property.

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 without limitation all designs, illustrations, icons, photographs, software, 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 Canadian, 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 and 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. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. 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: we give you a limited, non-exclusive, non-sublicencable and non-transferable licence to use (i.e., display locally) the Services solely for personal, non-commercial use. This licence 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, so this licence only gives you the rights we expressly stated in this section.

Just so we’re clear, however, this licence does not allow you to do any of the following:

• resell or make any commercial use of the Services or any of the Service content;
• modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser;
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
• use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services; or
• harvest or scrape any content from the Services.

Tip: Please don’t do anything that would harm the Services we offer.

You may not do any of the following while accessing or using the Services:

• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
• bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
• run any form of auto-responder, “spam” on the Services; or
• otherwise take any action in violation of these Terms or our Privacy Policy.

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.

Tip: These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.

Most importantly, we want you to know that you will keep all ownership or licence rights in your User Content (as defined below), including the right to grant additional licences to your User Content. There are no restrictions on your ownership and licence rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.

Tip: We do not own any of your content, although by providing content to us, you may grant us a licence to use it, as we’ll discuss here.

When you submit, distribute, transmit, or post any communications or any other material to Warby Parker (either through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores, such as when you take pictures in our store photo booths. This is collectively "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, 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. Be assured you have our thanks. Lots of it.

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.

In addition to giving Warby Parker a licence, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicencable, fully paid and royalty-free right and licence 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.

Tip: 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.

Tip: We need you to promise us certain things about your submissions so that you don’t get us into trouble.

When you submit User Content, you represent and warrant (archaic lawyer words for pinky promise) that

• you hold all necessary right, title and licence to such materials (in other words, you own it or have the right to give it to us);
• that your submission of such materials to Warby Parker does not and will not violate or infringe the rights of any third parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission); and
• all User Content you provide is accurate, complete, up-to-date and not misleading (you’re not lying).

In addition, any User Content must not

• include any profanity or obscene, indecent, or pornographic material (there’s just no need);
• contain any unauthorized or unsolicited advertising or electronic communication, such as spam (no one likes spam, at least not the electronic kind);
• contain software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
• impersonate any person or entity (we like you for who you are); or
• include anyone’s identification documents or sensitive financial information.

No successful journey is made entirely of one-way streets. 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.

Let us know. If you believe someone has posted on the Services a work that you own without your authorization, please send a notice in writing containing the following information to us:

• A signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
• Your contact information, including address, telephone number and, if available, email address;
• A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Please send copyright infringement claim notices to Anjali Kumar, General Counsel, Warby Parker, 161 Avenue of the Americas, New York, NY 10013, USA; tel: 888-492-7297.

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 was completely private. Therefore, we don’t treat User Content you provide to those portions of the Services as private or confidential. 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.

You may see a lot of different 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. Please note that any moderators, forum managers or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Warby Parker.

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 around Warby Parker, 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.

Tip: Sorry about this, but this part gets a little dense. We also don’t mean to scream at you by using all caps, but it’s what our lawyers tell us is required.

1. 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.

2. We like you and want you to be a long time customer, but we trust you to be adults (see: eligibility section) and have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:

• which users access the Services;
• what content you access via the Services;
• what effects the content may have on you;
• how you may interpret or use the content; or what actions you may take as a result of your exposure to the content.

3. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate (you can’t please all the people all the time). We make no representations concerning any content contained in or accessed through the Services, and 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.

4. THE SERVICES ARE PROVIDED “AS IS" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARBY PARKER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, 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 TITLE, MERCHANTABLE QUALITY, 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 GOODS, DATA, INFORMATION, SERVICES, OR MESSAGES PROVIDED THROUGH OR OBTAINED FROM 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) $500.00.

TO THE EXTENT THESE LIMITATIONS ARE APPLICABLE, 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.

Hopefully we won’t ever have to do this, but we reserve the right to terminate your licence 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 consumer: 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).

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.

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.

When you use our Services, including by placing an order or sending us email, you communicate with us electronically. In turn, you consent to receiving communications from us electronically. For example, when we contact you about the Services, we may send you regular mail, email or other electronic communication, like displaying a link to a notice on the welcome page of the Services. We try to pick the method that seems most convenient for both you and us. In particular, if you provide us with your email address, we may use it to send you emails related to the Services. For clarity, by using the Services, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy legal requirements that the communications be in writing.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.

We started out in the eyewear industry because we wanted to better meet the needs of bespectacled folks everywhere. We still take that commitment seriously and will do what we can for our customers. 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, without limitation, mechanical, electronic or communications failure or degradation. You cannot assign, transfer or sublicence these Terms without first obtaining our consent. We may assign, transfer or delegate any of our rights and obligations without 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.