Loyalty Rewards Reviews and Refer a Friend Terms of Service

SECTION 23 - LOYALTY REWARDS, REVIEWS AND REFER A FRIEND PROGRAM

PLEASE READ CAREFULLY. By accessing, enrolling and/or participating in this program, you agree to the following Terms and Conditions that govern the Pair Eyewear Rewards (Loyalty Program), Reviews and Refer A Friend Program (the “Program”) and all terms incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE PROGRAM.  These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Pair Eyewear (“Pair Eyewear”) for other products or services.  Pair Eyewear’s Terms of Service are incorporated herein, and if there is a conflict between the Terms of Service and these Terms and Conditions, the Terms of Service will control. Our Privacy Policy is incorporated into these Terms and Conditions and also governs your participation in the Pair Eyewear program. Please read the Privacy Policy carefully to understand how Pair Eyewear collects, uses, and discloses information about customers, how to update or change your personal information, and how we communicate with you.

The Pair Eyewear Rewards, Reviews and Refer A Friend Program is a loyalty program sponsored by Pair Eyewear and administered by Yotpo [vendor] (collectively, “we” or “us,”) through which individuals (“Participants” or, individually, a “Participant” or “You” or “Your”) will have the opportunity to earn digital “Points” by making purchases on www.paireyewear.com (the “Website”). Participants may also have opportunities to earn Points through other methods as may be added from time to time. In order to participate, Participants must register for the Program on the Website.  As described further below, Points can be redeemed for “Rewards.”

THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION I, REQUIRES YOU TO ARBITRATE CLAIMS ARISING FROM THE PROGRAM THAT YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. THIS MEANS YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND THAT YOU AGREE TO A CLASS ACTION WAIVER IN ARBITRATION. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER CONTAINED IN SECTION I OF THESE TERMS BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE PROGRAM.

You agree that we may provide updates, notices, disclosures, and amendments to these Terms and Conditions, and other information relating to the Pair Eyewear Program by electronic means, including posting such information and materials online at https://www.paireyewear.com/.

A. Eligibility & Registration

1. Eligibility: The Program is open to legal residents of Canada and of the fifty (50) United States (and the District of Columbia) who are the age of majority or older in their jurisdiction of residence at the time of entry. The Program is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). Corporations or other entities or organizations of any kind are not eligible to participate in this Program.  All aspects of the Program may not be available to employees of [Yotpo]] and its parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee.  The Program is void where prohibited.

2. Enrollment: Participants are auto-enrolled in the Program by visiting the Website and creating an account (​​https://paireyewear.com/account/login) or during checkout. Users must submit a valid email address and password and by continuing with their transaction, users consent to Terms and Conditions and the Privacy Policy, which includes a Notice of Financial Incentive.  If You wish to unenroll, You can email [email protected].  Only one Program account may be associated with a single email address.  In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment.  For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. Participant’s Personal Information: The collection, use and disclosure of Participants’ personal information is subject to Pair Eyewear’s Privacy Policy. To learn what information is collected and how Pair Eyewear will use the personal information collected in connection with Your Account and/or this Program, read our Privacy Policy here: https://paireyewear.com/privacy-policy as well as the Notice of Financial Incentive in Section G.9. below.

4. Pair Eyewear’s Communications: By signing up for this Program, Participants agree to receive email messaging regarding Account information, balances, and other changes to the Program to the email address associated with Participant’s Account, as well as advertising and marketing material from Pair Eyewear. Participants may unsubscribe from Pair Eyewear emails at any time via the unsubscribe link in those emails; provided, however, if You unsubscribe from Pair Eyewear’s emails, You may no longer receive email updates about Program benefits.  Even if You unsubscribe from marketing communications, You may still receive communications relating to the administration of Your Account and the Program. Each Participant shall be responsible for ensuring that their contact information remains current in their Account. Your Account is tied to the email address You used to enroll.  If Your email address changes, a new Account will need to be created with the new email address. Merging accounts is not possible.

5. Participant’s Account: Participant is responsible for maintaining the confidentiality of and for restricting access to their Account and associated credentials, including, but not limited to, its password.  Participants are responsible for all activities taken within their Account.

B. Pause or Termination of Participant’s Account

1. Without limiting any other remedies, Pair Eyewear may, without prior notice to Participant, pause or terminate a Participant’s Account, if Pair Eyewear suspects that a Participant has engaged in unauthorized, deceptive, or fraudulent activity, conduct that is detrimental to Pair Eyewear, resale of receipts, Points or Rewards or any action that violates the intent of these Program Terms and Conditions. Pair Eyewear shall be the sole arbiter in such cases, and any decision it makes relating to a pause or termination of a Participant’s Account shall be final and binding.

2. Pausing of Account: In accordance with Section B.1., Accounts may be paused for investigation. While an Account is paused, a Participant may not earn or redeem Points. 

3. Account Termination: Accounts can be deactivated for any of the following reasons: (a) a Participant requests Account termination by contacting Customer Service; (b) Participant is deceased; (c) Participant fails to respond to repeated attempts by Pair Eyewear to contact them regarding the status of their Account; (d) Participant relocates to a jurisdiction outside of the stated eligibility; (e) an Account appears to be duplicative; or (f) Pair Eyewear believes or determines, in its sole discretion at any time, that Participant has engaged in unauthorized, deceptive or fraudulent behavior, conduct that is detrimental to Pair Eyewear, resale of receipts, Points or Rewards, or any other behavior in violation of the letter or intent of these Terms and Conditions. If a Participant’s Account is deactivated, the Participant will forfeit all Points accrued to date.  In addition, Pair Eyewear is entitled to invoke any rights or remedies available to Pair Eyewear in law or equity against Participant.  You agree that Pair Eyewear is not liable to You or any third party for any termination or suspension of Your Account or for blocking Your use of our Program. 

If, after termination of a Participant’s Account, the Participant is permitted to create a new Account, this will require opting into the Program Terms and Conditions as of the date of the new Account and Participant will have zero (0) Points at the time of re-engagement. 

C. Earning Points 

1. Earning Points by Dollars Spent: Participants may earn one (1) Point for each $1 USD spent on top frames and accessories, excluding PAIRCare, Base Frames, lenses, lens add-ons, and gift cards (a “Qualifying Purchase”). The dollar amount eligible to earn Points will be based upon the post-discount net price of the Qualifying Purchase, excluding tips, taxes, delivery fees and other charges, and will be rounded down to the nearest dollar.  Points are subject to forfeiture if the Qualifying Purchase is returned.  Purchases made prior to creating an Account are not eligible to earn Points.  Participants must be logged in to their Account to earn Points.

2. Rewards Tiers:  There are four (4) tiers in the Program that permit Participants to increase their Points earning potential over time and provide other benefits. The spending thresholds are cumulative and not time bound. 

a. Tier 1- Spectator (Spend $0-$299):  Participants earn Points on purchases, as described in Section C.1. Members are automatically entered into this tier after creating an account. Tier members are eligible for the following rewards: Birthday Gift, Access to Sales, Anniversary Gift. 

b. Tier 2- Sightseer (Spend $300-$699): Tier members are eligible for the following rewards:  Birthday Gift, Access to Sales, Anniversary Gift, Early Access to Collections, Earn Extra Points Campaigns, Quarterly Giveaways, Member Only Sales. 

c. Tier 3- Eyecon (Spend $700 or more): Tier members earn 1.3 points per $1 spent on qualifying items as outlined in C1. Tier members are eligible for the following rewards: Birthday Gift, Access to Sales, Anniversary Gift, Early Access to Collections, Earn Extra Points Campaigns, Quarterly Giveaways, Member Only Sales, Exclusive Collections, Expedited Shipping Days, Free Gift (Exclusive Gold Member Gift).

d. Tier 4- Visionary Invite only: Tier members earn 1.3 points per $1 spent on qualifying items as outlined in C1. Tier members are eligible for the following rewards:  Birthday Gift, Access to Sales, Anniversary Gift, Early Access to Collections, Earn Extra Points Campaigns, Quarterly Giveaways, Member Only Sales, Exclusive Collections, Expedited Shipping Days, Free Gift (Exclusive Gold Member Gift). Tier entry is based on discretion of Pair Eyewear based on annual spend. Membership timeframe is 1 year. Invitees will be notified via email.

3. Other Point-Earning Activities: Participants whose Accounts are in good standing (i.e., Account has not been paused or terminated) may also earn Points through the various activities and events described below. Points will be automatically loaded into the Participant’s Account within approximately twenty-four (24) hours.

a. Account Activity:

b. Leave a Review: We will email Participants inviting them to leave a review of a product they purchased.  Such emails will be sent up to approximately ten (10) days after delivery of the purchased item. Through the link provided, Participants can leave a review of one of the product(s) they purchased (only one product review permitted per order).  Program Participants will receive Points for their reviews, per the criteria below.

i. Product review with copy only:  Earn 10 Points.  One (1) reward per review, regardless of later updates or edits.ii. Product review with copy and photograph:  Earn 20 Points. Photograph must be added at the time the review is first posted. One (1) reward per review, regardless of later updates or edits.

In order to be eligible for the reward Points, the product review must be valid, meaning that it must not contain any profanity and must correspond to the product for which it was intended.  The validity of the review is not based on favorability of the review; i.e., a negative review of a product (that does not include profanity) will still receive Points per the criteria above.

c. Refer a Friend:

i. Making a referral:  Participants are eligible to receive 250 Points when they refer a new customer to Pair Eyewear who then makes a Qualifying Purchase using the referral code provided in the referral. 

1. A referral is invalid if the Participant making the referral (“Referrer”) and the individual receiving the referral (“Referee”) have the same shipping or billing address or use the same IP address.  Referrals may also be invalid if the Referrer and Referee have substantially similar email addresses, as to be determined by Pair Eyewear in its sole discretion. Referees must be new customers for the referral credits to be awarded.

2. Referrer can earn one (1) reward per Referee, but there are no limits as to how many individual, new customers are referred.  Please allow up to twenty-four (24) hours after the Referee’s Qualifying Purchase for referral reward to be added to Your Account.

ii. Receiving a referral:  Referees receive a coupon for $25 USD that can be redeemed as described in Section C.3.c.iii.  Referee must be a new customer and can, therefore, only receive one referral reward.  Referees do not need to be Participants in the Program to receive a referral reward. Referees rewards expire 12 (12) months after they were awarded.

iii. Redeeming a referral reward:  A referral reward can be redeemed on a Qualifying Purchase of more than $84.99 USD.  The referral reward will be converted to a discount in local currency at the time of checkout.

d. Reward for Second Purchase within First 90 Days ($110 USD minimum order amount):

i. Participants are eligible to receive 50 Points if they place one (1) additional order over $110 USD within 90 days of their first qualifying purchase. Both orders must exceed $110 USD excluding gift cards, discounts, taxes, shipping fees, and PAIRCare. 

ii. If one or more items from an order are returned or refunded and the total order value decreases to less than $110 USD, the order is no longer considered a qualifying order and any Points awarded in connection with that purchase, including the Points under this reward, will be forfeited.

iii. This reward goes into effect on [09/10/2024] (“Launch Date”)and will be valid only for new members.

1. Participants who have been enrolled in the Program for more than 90 days before the Launch Date are not eligible for this earning rule. Points will not be retroactively applied for prior purchases.

e. Second Base Frame Order:  

i. Participants are eligible to receive 50 Points when they place a separate order for a second base frame. This includes eyeglasses and/or sunglasses. A single order with two (2) base frame items will be considered only one (1) qualifying order. Base Frames item purchases need to be in two (2) distinct orders to qualify for this reward.

ii. If one or more base frame item is returned and refunded, the order is no longer considered a qualifying order, and any reward will be forfeited. 

iii. This rule goes into effect 09/10/2024 and will be valid for qualifying purchases made on or after this date.

1. Participants who have been enrolled in the Program for more than 90 days before the Launch Date are not eligible for this earning rule. Points will not be retroactively applied for prior purchases.

e. Second Base Frame Order:

i. Participants are eligible to receive 50 Points when they place a separate order for a second base frame. This includes eyeglasses and/or sunglasses. A single order with two (2) base frame items will be considered only one (1) qualifying order. Base Frames item purchases need to be in two (2) distinct orders to qualify for this reward.

ii. If one or more base frame item is returned and refunded, the order is no longer considered a qualifying order, and any reward will be forfeited.

iii. This rule goes into effect 09/10/2024 and will be valid for qualifying purchases made on or after this date.

f. Third Purchase ($110 USD minimum order amount):

i. Participants are eligible to receive 50 Points upon placement of their third order over $110. All three orders must exceed $110 USD excluding gift cards, discounts, taxes, shipping fees, and PAIRCare. There is no time restriction on this rule.

ii. If one or more items from an order is returned and refunded and the total order value decreases to less than $110 USD, the order is no longer considered a qualifying order and any Points awarded in connection with that purchase, including the Points under this reward, will be forfeited.

iii. This rule goes into effect [09/10/2024] and will be valid for all Members on purchases made [09/10/2024] or later . Any purchases made prior to 09/10/2024 do not count toward this rule.

g. Special Offers: Pair Eyewear may also offer bonus Points through promotional offers to some or all Participants for limited time periods. There will be individualized terms and conditions or official rules for each offer or game which will include how to participate, prize details, and other limitations or restrictions. Pair Eyewear may notify eligible Participants with this special opportunity through push notifications, text notifications to Participants who have opted-into text messaging from Pair Eyewear, and/or to the email address associated with their Account. Each Participant shall be responsible for ensuring that their contact information remains current in their Account.

4. Crediting Points and Claims for Missing Points: Pair Eyewear will attempt to credit Participants’ Accounts with Points on a timely basis. However, each Participant shall have the responsibility of ensuring that their Points are properly credited. Any claim for Points not credited accurately must be received by Pair Eyewear within thirty (30) days of the date of claimed accrual of such Points, or the disputed Points shall no longer be valid. In order to make a claim for disputed Points, contact Customer Service. The timeframe for issuance of disputed Points depends on the nature of the issue and can take up to thirty (30) days.

5. Removal of Points: Pair Eyewear reserves the right to remove Points from a Participant’s Account if it determines that such Points were improperly credited to the Participant’s Account or were obtained fraudulently. Points deposited into a Participant’s Account that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from the Participant’s Account.

6. Point Awarding Decisions: Pair Eyewear reserves the right to require proof of Points earned for Qualified Purchases. Pair Eyewear’s decisions regarding the awarding of Points are final and binding.

7. Program Modifications: Pair Eyewear reserves the right to change the Qualifying Purchases and/or the number of Points awarded per dollars spent or the other activities described above at any time during the Program. Pair Eyewear further reserves the right to change, add or remove the methods by which Participants can earn Points.

8. Tier Membership: Is lifetime

9. Spend Requirements: Lifetime spend criteria includes price of product. Shipping and taxes do not count towards lifetime spend.

10. Tier Downgrades:

a. If a member returns an item and their lifetime spend drops below the tier entry threshold, the member will be downgraded a tier

b. If a member exchanges an items for a product of lesser value and their lifetime spend drops below the tier entry threshold, the member will be downgraded a tier

11. Transitioning Existing Loyalty Members

a. Members of Pair Eyewear’s former loyalty program will have their lifetime spend data migrated to their new loyalty account.

b. Previous VIP members with an annual spend less than $700 will be offered 2.0 points multiplier from 9/10/24 - 10/31/24. On 11/01/2024, the multiplier for all of these members will be automatically adjusted to the multiplier for the member’s qualifying tier under the new program.

D.  Redeeming Points 

1. The redemption of Points cannot be combined with promotions or discounts within a single transaction unless specifically permitted by the terms of the promotion and/or discount.

2. Points are redeemable as listed below.  Points may be redeemed for discounts in US Dollars only.  For purchases made in Canadian Dollars, the redemption credit will be the Canadian Dollar equivalent of the credit in US Dollars, based on the bank exchange rate on the date of the transaction.

3. Eligible Products: Points can be redeemed for discount on Top Frames, Base Frames, Lens, Lens Add-ons, and Accessories. Points can not be redeemed on Gift Cards, Topper Sets, or Subscriptions.

4. How To Redeem Points: Participant may view available Points on the “My Rewards” dashboard, located in the “My Account” section of their online Account.  In order to redeem Points, Participants must first initiate an online purchase and then follow the prompts and instructions to redeem Points when completing their purchase.

5. Points may be used immediately once earned and added to a Participant's Account, or they may be saved for redemption at a later date.

6. Points redeemed in the purchase of an item that is later returned will not be credited to the Participant’s Account. Those Points are forfeited upon return of the item.

7. The redemption of Points cannot be combined with promotions or discounts within a single transaction.  

8. All redemptions are final, and Points redeemed will be deducted immediately from Participant's Account.

E. Points: Value, Expiration, & Forfeiture 

1. No Cash Value or Transferability: Points do not constitute property, do not entitle Participant to a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable, or assignable for any reason and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market shall be deemed void. Any Points remaining in a Participant’s Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Points to other Pair Eyewear programs, unless otherwise determined by Pair Eyewear in its sole and absolute discretion. As such, all Points are only associated with the email address of the Account. 

2. Points Expiration: Points expire 365 days after earn date. Points earned prior to 8/27/24 will expire 8/27/25. 

3. Accrued Points Viewable in Participant’s Account: The number of Points earned by each Participant will be tracked in the Participant’s Account which can be viewed on the Website. Unless otherwise stated, once Points are earned, they will be credited to Participant’s Account within approximately twenty-four (24) hours. Pair Eyewear shall have no liability for any printing, production, typographical, mechanical, or other errors in Points balance summaries or Participant’s Account, or delays in crediting Points to an Account. Pair Eyewear reserves the right to invalidate Points from a Participant’s Account if it determines that such Points were improperly credited, obtained fraudulently or through any technique that violates the intent of these Terms and Conditions. Pair Eyewear reserves the right to require proof of accrual of Points and to delay the processing or redemption of any Points without notice to Participants in order to assure compliance with these Terms and Conditions.

F. Taxes

Participants are responsible for the payment of all taxes which may result from participation in the Program. 

G. General Terms and Conditions

1. Pair Eyewear reserves the right to pause or discontinue the eligibility of any person who uses or is suspected of using the Program in a manner inconsistent with these Terms and Conditions or with any federal or state laws, statutes, or ordinances. In addition to pause or discontinuance of Program eligibility, Pair Eyewear shall have the right to take appropriate administrative and/or legal action against such persons, including criminal prosecution, as it deems necessary in its sole discretion.

2. Any attempt by a person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Pair Eyewear may seek damages from any such person to the fullest extent permitted by law. 

3. Pair Eyewear's failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision.

4. All questions or disputes regarding eligibility for the Program, the accrual of Points, or a Participant's compliance with these Terms and Conditions will be resolved by Pair Eyewear in its sole discretion. By participating, Participants agree that all decisions made by Pair Eyewear or its designated agents regarding the Program, Points, or Participant’s eligibility are final.

5. Pair Eyewear is not responsible for any incorrect or inaccurate information supplied by Participants regarding the Program.

6. Participants are responsible for maintaining updated contact information in their Account. To update Your contact information in Your Account, contact Customer Service by emailing [email protected].

7. From time to time and at its discretion, Pair Eyewear may require You to reset Your Account credentials, like Your password.  You agree to undertake this reset when required and understand that You will not be able to log in to Your Account until You have done so.

8. The Program is subject to all applicable laws and regulations.

9. Notice of Financial Incentive. The Program is Pair Eyewear’s rewards program in which users earn points for purchase and non-purchase activities and then redeem those points for rewards like $10 off for every 100 Points earned. The Program is free to all customers.  In connection with the Program, we may offer financial incentives and/or price or service differences (“Incentives”) to Program Participants based on points earned as described in Section C, in exchange for our use of Pair Eyewear Rewards members’ Rewards Data (defined below).  To offer these Incentives, we must track the personal information You provide when You sign up for Pair Eyewear Rewards or engage in activities to earn Points, such as contact information, purchase history, date of birth, and engagement with and promotion of Pair Eyewear on social media (“Pair Eyewear Rewards Data”). You can join Pair Eyewear Rewards here, and You can withdraw from Pair Eyewear Rewards at any time by contacting us by emailing [email protected]. The value of Pair Eyewear Rewards Data to Pair Eyewear is calculated by determining the approximate additional spending of Pair Eyewear Rewards customers against the spending of individuals who are not enrolled in Pair Eyewear Rewards. The value of Pair Eyewear Rewards Data is reasonably related to the costs associated with offering the Incentives.

10. These Terms and Conditions (including any Additional Terms or Policies incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements with respect to the Program.

11. These Terms and Conditions shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any legal or arbitration proceedings against Pair Eyewear that may arise out of, relate to or be in any way connected with our Website or these Terms and Conditions shall be brought exclusively in Santa Clara County, California. Where such dispute is permitted to be heard via the courts, such dispute shall be heard in the state and federal courts applicable to Santa Clara County, California, and You waive any jurisdictional, venue, or inconvenient forum objections to such courts.

12. Severability: Except where specifically stated otherwise, if any part of these Terms and Conditions is unlawful or unenforceable for any reason, only that part of the Terms and Conditions shall be stricken and the remaining terms in the Terms and Conditions shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, an arbitrator (or, if permitted, a court) shall strike only that provision and the remaining terms of these Terms and Conditions shall remain in force.

H. Limitation of Liability 

1. Pair Eyewear and its parent companies, affiliates, subsidiaries and independent contractors, service providers, agencies and consultants and their respective officers, directors, employees, shareholders, successors and assigns, and service providers (collectively “Pair Eyewear Parties”), are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction, or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the Internet, at any website or any combination thereof. In the event that online access is temporarily corrupted and suspended, notice of such will be provided on the Website, and Participants will be advised to not redeem Points until such time that the Program, as originally intended, may be resumed, as determined by Pair Eyewear in its sole discretion. 

2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Pair Eyewear Parties from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party. 

3. Participant agrees to maintain the security and confidentiality of all login credentials used to access the Program. Participant agrees to use a different password than Participant uses with any other website or service of any kind. Participant shall be solely responsible for any activity that uses Participant’s login credentials.

4. The Program may allow various ways to authenticate and identify Participant. Pair Eyewear recommends that Participant utilizes two-factor authentication or other security enhancements as made available to Participant. Under no circumstances will Pair Eyewear have any liability for Participant’s failure to use, or weakness in, the authentication and identification mechanisms available to secure Participant’s Account.

5. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE PAIR EYEWEAR PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH PARTICIPATION IN THE PROGRAM OR ANY PURCHASED OR REDEEMED ITEM OR REWARD, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF PAIR EYEWEAR IMPROPERLY DENIES A PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT FAIR MARKET VALUE OF ITEM. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE PAIR EYEWEAR PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY PAIR EYEWEAR DURING THE PRECEEDING TWELVE (12) MONTH PERIOD, OR $100.

I. Dispute Resolution, Mandatory Arbitration, & Class Action/Jury Trial Waiver

1. Dispute Resolution. We and Participant each agree (together, for purposes of this Section I only, “We” or “Our”) to first notify the other of any dispute or claim involving the other relating to the Program (each, a “Dispute”). You agree to first contact us by sending a written description of Your Dispute to [email protected] to allow us an opportunity to resolve the Dispute You have, and You will be first contacted by us based on the contact information we have for You (phone, email, etc.). If We are unable to resolve the Dispute in this way, We each agree to submit to the other notice of the Dispute via written notification that includes a description of the Dispute, all relevant documents/information, and the proposed resolution to the Dispute (“Dispute Notice”). You agree to send such written notification to us at Pair Eyewear, Attn: General Counsel, 610 Mayfield Avenue, Stanford, California 94305. Written notification of a Dispute to You will be sent based on contact information You have provided to us.

2. Binding Arbitration. If, after 60 days of receipt a Dispute Notice, We have been unable to resolve the Dispute, WE EACH AGREE THAT THE DISPUTE MAY ONLY BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION before and as administered by JAMS under its then current and applicable rules and procedures for such Disputes. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. We each acknowledge and agree that, but for this agreement to arbitrate Disputes: (a) We would otherwise have the right or opportunity to litigate Disputes through a court and to have a judge or jury decide the case; and (b) WE VOLUNTARILY CHOOSE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION I, TO HAVE ALL DISPUTES RESOLVED THROUGH BINDING ARBITRATION AND UNCONDITIONALLY WAIVE THE RIGHT TO BRING DISPUTES IN COURT. We each further agree that Disputes include questions as to the validity or applicability of this binding arbitration clause and, to the fullest extent permitted by law, Disputes brought on Our behalf by anyone (including, without limitation, our heirs, agents, successors, and assigns).

3. Applicable Law. This agreement to arbitrate and each arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended, to the exclusion of any inconsistent state law. The laws of the State of California, without regard to its choice of law principles, will exclusively govern substantive law. 

4. Exception to Arbitrate. We each may bring qualifying claims in small claims court. Further, as provided in Section I.5. below, We each agree that any arbitration will be solely between You and us, not as part of a classwide claim. If for any reason any court or arbitrator holds that this NO CLASS ACTION restriction is unenforceable, then Our agreement to arbitrate does not apply and the classwide dispute must be brought in court in the applicable federal or state court for Santa Clara County, California.

5. NO CLASS ACTIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

6. NO TRIAL BY JURY. TO THE FULLEST EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

J. Amendment; Additional Terms

1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Program or to modify these Terms and Conditions.

2. Modifications to these Terms and Conditions or any Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is Participant’s responsibility to review the Terms and Conditions from time to time for any changes or Additional Terms. You waive any right You may have to receive specific notice of any changes or Additional Terms, and Participant’s access and use of the Program following any modification of these Terms and Conditions or the provision of Additional Terms will signify Participant’s assent to and acceptance of the same. If You object to any subsequent revision to the Terms and Conditions or to any Additional Terms, immediately discontinue use of the Program and, if applicable, terminate Your Account.

K. Termination

Any suspension or termination of Participant’s Account or the Program shall not affect Participant’s obligations to us under these Terms and Conditions. The provisions of these Terms and Conditions that by their nature should survive the suspension or termination of a Participant’s Account or the Program shall survive, including, but not limited to, the intellectual property rights of Pair Eyewear or its licensors, the rights and licenses that You have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in Section G, General Terms and Conditions.

L. Contact Us

If You have any questions about the Program or Your Account, please contact Customer Service at: [email protected] or (646) 389-9692.