Terms of Service

This website is operated by Pair Eyewear. Throughout the site, the terms “we”, “us” and “our” refer to Pair Eyewear. Pair Eyewear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Pair Eyewear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pair Eyewear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 610 Mayfield Avenue Stanford California US 94305.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

SECTION 21 - 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: