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TERMS OF USE


EFFECTIVE DATE: MAY 8, 2023

Hello, and thanks for visiting! Warby Parker Inc., which does business as Warby
Parker, operates and provides online services and programs through
www.warbyparker.com (the “Site”), the Warby Parker mobile app (the “App”), the
MyVisionDirectory website found at www.myvisiondirectory.com ( “MyVision
Directory”) and our retail locations. We’ll go by “Warby Parker”, “we”, or “us”
to keep it simple. We know these types of documents can get pretty dense, but we
want you to read this, so we’ll do our best to keep it easy to read. We will
also refer to the Site, the App, MyVisionDirectory, our retail locations, and
the services available through them as the “Services.” These Terms of Use do not
apply to your use of our Virtual Vision Test mobile application or our In-Store
Prescription Check service. You can find the Terms of Use that apply to
Prescription Check here. These Terms of Use also do not apply to professional
optometry or medical services furnished by our employed, affiliated, or
independent optometrists or ophthalmologists (“Eye Doctors”), which may have
their own separate terms and conditions.

Before using any of the Services, please read these Terms of Use (these
“Terms”), our Privacy Policy, and any other policies and notices on the Site, on
the App, or as otherwise made available to you by Us. Collectively, these
materials contain terms, rules, and other guidelines related to your use of the
Services. As a condition to your access to or use of the Services, you consent
to be bound by these Terms, so please do not use the Services if you do not
agree with all of these Terms. Some parts of the Services may have other terms,
guidelines, or rules, and if you use those parts, those additional terms will
also apply. Your use of the Services, and our provision of the Services to you,
constitutes an agreement between you and Warby Parker to be bound by each of the
terms, guidelines, and rules incorporated into these Terms. Because these Terms
are legally binding, we want to make sure you understand them (like really
understand them), so if you have any questions, contact Us at
legal@warbyparker.com.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND WARBY PARKER RELATING TO
THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION.
YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS
UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.
YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY,
AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 18
(“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT
TO ARBITRATE ANY DISPUTES WITH WARBY PARKER.


1. WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS OF USE AT ANY TIME

Things happen quickly, both inside and outside of Warby Parker, so We will
sometimes review these Terms to make sure they accurately reflect developments
in current law and our business operations. We reserve the right to update and
revise these Terms at any time upon seven days’ notice. We’ll provide notice by
by reasonable means, including by posting the updated Terms and by changing the
“Effective Date” at the top of this page so you can tell if these Terms have
changed since your last visit. Please review these Terms regularly because seven
days after we post any changes, your continued use of the Services constitutes
your acceptance of the revised Terms.


2. ELIGIBILITY

The Site is a general audience site available to users who can form legally
binding agreements under applicable law and is not intended for use by anyone
under the age of 13. Only individuals who are at least 18 years old and can form
legally binding contracts may use the Services. However, even non-adults deserve
fantastic eyewear. You can use the Services if you are under 18, but only if you
are at least 13 years old and only if a parent or legal guardian who is at least
18 years old supervises you. In all cases, the adult will be the user and is
responsible for any and all activity. If you are younger than 13 years old, you
may not use the Services (although your parents or legal guardian can still buy
glasses for you).

Your use of the Services means you represent and warrant that you meet all
eligibility requirements We outline in these Terms. However, We may refuse to
let certain people access or use the Services. We may also change our
eligibility criteria.

We offer the Services only for personal, noncommercial use, and not for the use
or benefit of any third party (unless you are a parent or legal guardian using
the Services for your minor child).

The Site, App, and Services available through them are intended for use within
the United States. Access to the Site, App, and Services may therefore not be
appropriate or available in certain countries outside the United States. If you
access the Site or App or any Services from outside the United States, you do so
at your own risk and are responsible for complying with the laws and regulations
of your territory of access (note We have different Terms of Use and a Privacy
Policy for our Canadian customers).


3. PRIVACY

Our Privacy Policy details how We collect and use your information. Please
review it if you would like to know more about how We collect and use your
information.


4. YOUR ACCOUNT

You may be able to navigate some of the Services without creating a user account
(”Account”); but certain Services (like making a purchase or ordering a Home
Try-On) will require you to create an Account. If you create an Account, you are
solely responsible for any activity that occurs through your Account or through
your personal device in connection with the Services. Similarly, for any
Services that you are able to access without creating an Account, you are solely
responsible for any activity that occurs through your personal device in
connection with the Services. In order for Us to provide you the best possible
service, you agree to provide Us with complete, accurate, and updated
information for your Account at all times. If any information is incorrect or
outdated, it can lead to errors or delays, for which We will not be responsible.

You can share a good book, a nice walk, or even a pair of (non-prescription)
glasses. You should not, however, share your Account information. And you
shouldn’t use another person’s Account or registration information for the
Services without permission. Similarly, no one else should be able to use your
Account without permission. You are solely responsible for keeping your Account
and Account password secure and for any consequence resulting from your failure
to do so. You should never publish, distribute, or post login information for
your Account.

For a description of how We handle your personal information, and how to delete
information from your Account, please review our Privacy Policy and our Notice
of Privacy Practices.


5. OUR RELATIONSHIP WITH EYE DOCTORS

Depending on the location, Warby Parker may provide certain administrative and
management services to affiliated eye practices (“Affiliates”), and also may
have relationships with independent eye practices (“Independent Practices”).
Although these Affiliates and Independent Practices are separate corporations
from Warby Parker, We may work together in some ways. To the extent Warby Parker
provides Services related to these Affiliates or Independent Practices, such as
appointment scheduling and reminders, these Terms apply to your use of such
Services. However, these Terms expressly do not apply to professional optometry
or medical services furnished by Affiliates or Independent Practices (or by Eye
Doctors employed by Warby Parker).


6. HOME TRY-ON

Warby Parker offers a free, five-day Home Try-On program to help you pick your
perfect frames. You may choose five frames (which are sent with non-prescription
lenses) to try on at home for a five-day period (the “Try-On Period”). For more
information about our Home Try-On program, click here or visit the Home Try-On
section of our Help page. If the Try-On Period ends and any of the frames have
not been placed in the mail, or the frames are returned damaged, We may charge
your credit card for the full amount of each pair of frames that are missing or
damaged, as explained in more detail on our Help page. By submitting your Home
Try-On order, you authorize Warby Parker to charge your card, and you agree to
all other terms of our Home Try-On program explained on our Help page.
Currently, our Home Try-On program is only available to customers who live in
the 50 United States.


7. GETTING YOUR WARBY PARKER EYEWEAR

a. Selecting Your Frames. Warby Parker sells eyeglasses and sunglasses with
either prescription or non-prescription lenses. To learn more about the lenses
We offer, you can visit the Lenses section of our Help page. If you wish to
purchase multiple frames using different prescriptions (for example, your
distance prescription and your reading prescription), you will have to place
those orders separately. To order frames, select your desired frame and click
the “Add to Cart” button to add it to your order. When you check out, you will
have the option of choosing between prescription and non-prescription lenses.

b. Your Prescription. If you are purchasing prescription eyewear, check out the
Prescriptions section of our Help page for the information We need to fill your
prescription and to learn how to provide your prescription information to Us. If
your prescription information is incomplete, We may need to take additional
measures to track down current information, which could mean you have to wait
longer for your glasses.

We keep your prescription on file for some time after you order your glasses,
and We make that information available to you upon request. We will respond to
your request as quickly as possible, but be aware that it could take Us a day or
two to retrieve older prescriptions. Please keep that in mind if you need your
information by a certain day or time. By requesting a copy of your prescription
via email, you consent to Warby Parker or an Affiliate or Independent Practice
sending your prescription over unencrypted email. If you’d like more information
about the security of unencrypted emails, you can jump to Section 8 of these
Terms.

c. Delivery Information. We’ll need your name, address, and telephone number to
complete your order and send you your Warby Parker purchase. For information
about shipping and delivery, check out the Orders section of our Help page.

d. Payment Information. After you have made your eyewear selections and provided
your prescription and shipping information, you will see a prompt for your
payment details, such as your payment card information and any promotional codes
or gift cards you may have. By entering your payment information and submitting
your order, you authorize Us (through our third-party payment processors) to
charge the amount of the order to your selected payment method. Additionally,
your entry of your payment information and order submission constitutes your
express informed consent that the total purchase price for a custom order shall
be charged to your payment method on the later of the date of order or on the
date that we receive your prescription, whichever is applicable, and your
refund/cancellation rights shall accrue from the date we process your order. You
will generally receive your order within thirty (30) days. However, there is a
potential that your product is backordered. Your submission of an order
constitutes your express informed consent that, in the event your product is
backordered, your product will be shipped within sixty (60) days from the date
of order. If the backordered product will not be shipped to you in the foregoing
sixty (60) days, we will notify you and unless you tell us otherwise, we will
cancel your order and refund your payment method.

e. Checking Order Status. We know how exciting it can be to get a delivery, so
once your eyewear is on its way to you, We’ll send you an email confirmation
with tracking information. Feel free to call us at 888.492.7297, email Us at
help@warbyparker.com, or contact Us via Twitter @WarbyParkerHelp if you would
like to check the status of your order, or if you just want to chat about how
excited you are about your new glasses. If you contact Us by social media to
check the status of your order, please do not include any of your personal or
health information.

f. Changing or Cancelling an Order. Our team works hard to process orders
quickly so that you don’t have to wait. However, this means that although We
will try our best to accommodate order modifications, We cannot guarantee them.
To learn how to change or cancel an order, visit the Orders section of our Help
page.

g. Risk of Loss. The risk of loss and title for all products you order passes to
you upon our delivery to the carrier (such as FedEx, UPS, or USPS).

h. Returns, Exchanges, and Lens Replacements. For more information about returns
and exchanges and replacing your lenses, check out the Orders section of our
Help page.

i. Insurance. For information on how to apply your insurance to your purchase,
click here.

j. Purchase Limits. We want to give all of our customers an opportunity to buy
our glasses. Therefore, We do not authorize the purchase of commercial
quantities of glasses, and We may place limits on purchases. We may also, among
other things, restrict orders placed by or under the same customer account or
the same credit card, or orders that use the same billing or shipping address.
We reserve the right to limit, cancel or prohibit orders that, in our judgment,
appear to be placed with an intent to resell or distribute our products. We
further reserve the right to stop doing business with customers who violate this
policy or any other part of our Terms. For more information about placing
special orders, check out the Orders section of our Help page.

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

l. Product, Service, and Technical Information on the Site; Product
Availability. We provide products and services for purchase. We have made a
conscientious effort to display and describe the products, services and related
specifications available on the Site accurately based on information We receive.
We do not guarantee that the product images, services or specifications
displayed on the Site are or will remain accurate. The display of a product or
service on the Site does not mean the product or service is or will be
available. We do not guarantee the availability of any items for purchase and We
may revise and discontinue the availability of any items at any time. In the
event an item is not available at the time you place your order, it is our
policy to send you a notice via your email address on record, that such item is
not available.


8. COMMUNICATING WITH WARBY PARKER

a. Text Messages. By opting-in to receive text messages from Us or by sending us
an initial text message, you agree to receive text messages (a.k.a. SMS
messages) from Warby Parker (including text messages sent on behalf of our
Affiliates and Independent Practices), some of which may be considered marketing
under certain laws and may be sent using an autodialer. If you provided your
phone number to Us in the course of seeking, receiving, or paying for
HIPAA-covered health care services (e.g., making an appointment or filling an
optical prescription), then We will not use that phone number to send you text
messages for marketing, as defined by HIPAA, without your express authorization
or unless as otherwise permitted by HIPAA or other applicable law. You also
represent that you are the owner or authorized user of the mobile device you use
to subscribe for the mobile service and that you are authorized to approve the
applicable charges. You’ll be responsible for all messaging and data charges
that may apply. You can opt-out of receiving text messages from Us at any time
by texting “STOP” from the mobile device receiving the messages. For additional
help, you can contact us at 888.492.7297 or privacy@warbyparker.com. And don’t
worry - you can make a purchase without agreeing to receive texts from Us, and
there are many other ways you can communicate with our friendly team, like
phone, live chat, email, snail mail, and Morse code :-)

b. Security. We take your privacy very seriously, but the transmission of data
over the Internet and mobile networks isn’t 100% secure. Text messages and
emails you send to or receive from Warby Parker are not encrypted, which means
that they’re vulnerable to interception by third parties. If you choose to send
or receive financial information, information about your health (including your
prescription information), your insurance identification number, or any other
sensitive information by text or email, you do so at your own risk. By texting
Us or requesting that We text you, you consent to receiving unencrypted text
messages from Warby Parker. Likewise, by emailing Us or requesting that We email
you, you consent to receiving unencrypted emails messages from Us. Worried about
texting or sending anything sensitive? Just give Us a call at 888.492.7297.


9. 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 all designs, illustrations, icons, photographs, video clips
and written materials, as well as the compilation of the website, Services, and
other materials, are the exclusive property of Warby Parker or our licensors and
is protected by United States and international copyright laws. Certain
activities provided via the App may be licensed under U.S. Patent 6,624,843. All
trademarks, service marks, and trade names that appear on the Services and the
overall “look and feel” of the Site, the App, and the Services (collectively the
“Marks”) are proprietary to Warby Parker, or the respective owners of such
Marks. You may not display, reproduce, or otherwise use the content or materials
on the Services, including the Marks, without first receiving written consent
from Us. You may not remove or otherwise modify any legal or trademark notices
from any content We make available through the Services. Any unauthorized use of
any content or materials on the Services is strictly prohibited and violates
copyright, trademark, and/or other intellectual property laws, and/or the laws
of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on
the Services, please contact Us at legal@warbyparker.com.


10. RIGHT TO USE THE SERVICES

After all of the restrictions above, We don’t want it to sound like you can’t
even use the Services, so We’ll give you permission right here: subject to your
complete and ongoing compliance with these Terms, you have the right to access
and use the Services solely for your personal, non-commercial use. This right
will allow you to use and enjoy the benefit of the Services as We provide them,
in the manner We permit through these Terms. We don’t think you would need to do
much else.

Subject to your complete and ongoing compliance with these Terms, you also have
the right to use one copy of the App downloaded directly from Warby Parker or
from a legitimate marketplace (such as Apple’s iTunes store), solely in object
code format, for your personal, non-commercial use on a single compatible mobile
device that you own or control, for the purpose of accessing and using the
Services in accordance with these Terms. The term App, as used in these Terms,
includes any update or modification to the App that We make available to you
(unless We provide you with separate terms when making the update or
modification available).

If you are prohibited under applicable law from using the App or the Services,
you may not use them.


11. RESTRICTIONS ON YOUR USE OF THE SERVICES

Just so We’re clear, however, these rights do not allow you to do any of the
following:

 * interfere or attempt to interfere with the proper working of the Services or
   any activities conducted on 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
 * 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 any
   Marks, in any form or by any means, including 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
 * harvest or scrape any content from the Services, or use other automated or
   manual means to take our content without our prior consent
 * bypass, circumvent, or attempt to bypass or circumvent any feature of the
   Services or any measures We may use to prevent or restrict access to the
   Services, including other accounts, computer systems or networks connected to
   the Services
 * run any form of auto-responder or “spam” on the Services
 * otherwise take any action in violation of these Terms or our Privacy Policy


12. CONTENT

a. User Content

We want to hear from you. Occasionally, you may see areas on the Services where
you can post information or communicate with Us or other users. We hope you will
use these tools to meet the rest of our community and give Us your feedback.
These areas may be in the form of social media posts, bulletin boards, chat
rooms, comment areas, billboards, forums, newsgroups, postings sections, or
similar communications facilities.

“User Content” is any public communications or any other material you submit,
distribute, transmit, or post to Warby Parker (through the Services; through our
pages on third-party sites, such as Instagram, Twitter and Facebook; or through
activities in our stores). You will keep all ownership of and license rights in
your User Content although, by providing content to Us, you may grant Us a
license to use it, as We’ll discuss here.

When you submit, distribute, transmit, or post User Content, you give Us a right
and license to use, copy, reproduce, process, adapt, modify, publish, transmit,
display, and distribute your User Content in any and all media formats or
distribution channels. You agree that this license includes the right for Warby
Parker to use your User Content to provide, promote, and improve the Services.
You agree that this license is irrevocable, non-exclusive, perpetual, worldwide,
transferable, sublicensable, fully paid, and royalty-free, and will survive
termination of your Account. Please note that We may use User Content without
compensation of any kind to you, including if We use User Content for
advertising or promotional purposes. You also agree that if your User Content
contains any ideas, concepts, know-how, or techniques, We can use the User
Content and anything it contains for any purpose including, but not limited to,
developing, manufacturing, and marketing products. Be assured you have our
thanks. Lots of it.

In addition to giving Warby Parker a license, you also give each user of the
Services an irrevocable, non-exclusive, perpetual, worldwide, transferable,
sublicensable, fully paid, and royalty-free right and license to access your
User Content through the Services and to use, edit, modify, publish, reproduce,
distribute, prepare derivative works of, display, perform, adapt, and promote
such submissions, including after any termination of your Account.

The bottom line is that if you share something with Us, you keep ownership of it
and can continue to do anything you want with it, but you allow Us and our other
users to use your User Content as We see fit. If you don’t agree to these
conditions, then please don’t provide the materials to Us.

b. Representations About Your User Content

We need you to promise Us certain things about your submissions so that you
don’t get Us into trouble. (We really appreciate it.) When you submit User
Content, you represent and warrant (archaic lawyer words for “pinky promise”)
that:

 * you hold all necessary right, title, and license to such materials (in other
   words, you own it or have the right to give it to Us)
 * your submission of such materials to Warby Parker does not and, when used by
   Warby Parker as authorized under these Terms, will not violate or infringe
   the rights of any third-parties, including 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)
 * 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
 * contain any unauthorized or unsolicited advertising, such as spam (no one
   likes spam)
 * 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 just the way you are!)
 * include anyone’s identification documents or sensitive financial information

c. Communications

Certain features on the Services include open channels of communication, either
among our users or between our users and Us, and those features wouldn’t work if
all communications were private. As a result, User Content that you provide to
those features of the Services are not considered private or confidential. When
in doubt, it is best to take a look at our Privacy Policy, which details the
types of information We collect from you and how We use that information. If you
post something publicly on the Services, others may be able to read it. You
should always use caution when providing any personal information about yourself
or anyone else, including your children.

d. A Note About Third-Party Content and User Content

You may see a lot of content on the Services (especially with your new eyewear).
Some of this content will come from other users or sources outside of Warby
Parker. All content, including User Content and third-party content, is the
responsibility of the party that creates it. Warby Parker does not control or
endorse any User Content or third-party content, and We make no claims or
representations regarding any content We do not create. We may provide links to
third-party sites or resources, but these links do not mean We endorse or have
any associations with the third parties. If any damage or loss results from your
use of, reliance on, or any other connection between you and any content that
any third party makes available, you acknowledge and agree that We are not
responsible or liable, directly or indirectly. When you access third-party
resources on the Internet, you do so at your own risk. Disrupting traditional
models in the eyewear industry keeps Us pretty busy, but We still try to stay on
top of things happening around the Services. We may review content on the
Services, but We do not have an obligation to do so. We reserve the right to
review, remove, block, or modify any content on the Services, including User
Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any
actions resulting from your use of any part of the Services. Warby Parker will
have no liability in connection with any content submitted to, transmitted via,
or displayed or posted on or through the Services, regardless of whether Warby
Parker or another party provides it.

e. Site Content. Our content is for reference only and should not in any event
be construed as medical advice or specific instructions for individual patients.
The Services on the Site and any health-related information and resources are
not intended and must not be taken as the rendering of medical, optometric, or
professional health care advice or services, or the practice of medicine,
optometry, or professional health care in any jurisdiction. Proper treatment of
health conditions depends upon a number of factors, including, but not limited
to, your medical history, diet, lifestyle, and medication regimen. Your health
care provider can best assess and address your individual health care needs. IF
YOU ARE EXPERIENCING A MEDICAL CRISIS, URGENT EYE ISSUE, OR HEALTH CARE
EMERGENCY, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE OR
AN EYE DOCTOR IN YOUR AREA FOR AN IN-PERSON ASSESSMENT AS SOON AS POSSIBLE.


13. COPYRIGHT POLICY

Just as We ask you to respect our intellectual property rights, We respect your
rights and the rights of others, and We expect all our users to do the same. If
We believe a user may be infringing upon someone’s intellectual property rights,
We may remove the material. If We believe someone is repeatedly infringing, We
will terminate that person’s access rights. If you believe someone has posted on
the Services a work that you own without your authorization, let Us know. Please
send a notice of copyright infringement containing the following information to
our Designated Agent (whose contact information is below):

 * a physical or electronic 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 valid belief that the material is not authorized
   by the copyright owner, its agent, or the law
 * a statement made under penalty of perjury that the information provided is
   accurate and you are authorized to make the complaint on behalf of the
   copyright owner

Please contact the Designated Agent to receive notice of claimed infringement by
calling 888.492.7297, emailing legal@warbyparker.com, or writing Warby Parker,
233 Spring Street, New York, NY 10013, USA, Attn: Legal Department.


14. WARRANTY DISCLAIMER

a. We like you and want you to be a longtime customer, but We have no special
relationship with you. You understand and agree that We have no control over,
and no duty to take any action regarding:

 * 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
 * what actions you may take as a result of your exposure to the content

b. The Services may contain, or direct you to websites containing, information
that some people may find offensive or inappropriate. We make no representations
concerning any content contained in or accessed through the Services, and, to
the fullest extent permitted by law, We will not be responsible or liable for
the accuracy, copyright compliance, legality, or decency of material contained
in or accessed through the Services. Your interactions with organizations and/or
individuals found on or through the Services, including payment and delivery of
goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
organizations and/or individuals.

(Sorry about this, but the below gets a little dense. All-caps doesn’t mean
We’re yelling; our lawyers told Us to do it.)

c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WARBY PARKER DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE
SERVICES, WHETHER PROVIDED OR OWNED BY WARBY PARKER OR BY ANY THIRD PARTY,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND
ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR
USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WARBY PARKER
DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS
ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR
REQUIREMENTS. Please note that some jurisdictions may not allow the exclusions
of implied warranties, so some of the above exclusions may not apply to you.


15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WARBY PARKER
OR ANYONE REPRESENTING WARBY PARKER BE LIABLE TO YOU UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY
LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR
RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS
IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR WARBY
PARKER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE
THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY
(REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF
(IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE
PRODUCTS; OR (II) $500.00.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY
REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF
CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WARBY
PARKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


16. TERMINATION

We really hope We won’t ever have to do this, but We reserve the right to
terminate your license to use the Services or block or prevent your access to
the Services, without providing you with notice or reason. In the event of
termination, your obligations under these Terms will still continue.


17. GOVERNING LAW

No matter where you’re located, the laws of the State of New York will govern
these Terms and the relationship between you and Warby Parker as if you signed
or otherwise agreed to these Terms in New York, without regard to New York’s
conflicts of laws rules. 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 a lawsuit or court proceeding is
permitted under these Terms, then the parties agree to submit to the federal or
state courts in New York County, New York for exclusive jurisdiction for the
purpose of litigating any dispute arising out of or related to your use of the
Services or your breach of these Terms.


18. DISPUTE RESOLUTION AND ARBITRATION

a. Generally. In the interest of resolving disputes between you and Warby Parker
in the most expedient and cost effective manner, you and Warby Parker agree that
every dispute arising out of or in connection with these Terms or your use of
the Services will be resolved by binding arbitration. Arbitration is less formal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a
judge or jury, may allow for more limited discovery than in court, and may be
subject to very limited review by courts. Arbitrators can award the same damages
and relief that a court can award. This agreement to arbitrate disputes includes
all claims arising out of or relating to any aspect of these Terms or your use
of the Services, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of whether a claim
arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE
THAT, BY ENTERING INTO THESE TERMS, YOU AND WARBY PARKER ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions. Despite the provisions of Section 18(a) nothing in these Terms
will be deemed to waive, preclude, or otherwise limit the right of either party
to: (i) bring an individual action in small claims court; (ii) pursue an
enforcement action through the applicable federal, state, or local agency if
that action is available; (iii) seek injunctive relief in a court of law; or
(iv) to file suit in a court of law to address an intellectual property
infringement claim. Additionally, these Terms and this Section 18 do not apply
to any professional services furnished by Eye Doctors.

c. Arbitrator. Any arbitration between you and Warby Parker will be settled
under the Federal Arbitration Act, and governed by the Commercial Dispute
Resolution Procedures and the Supplementary Procedures for Consumer Related
Disputes (collectively, “AAA Rules”) of the American Arbitration Association
(“AAA”), as modified by these Terms, and will be administered by the AAA. The
AAA Rules and filing forms are available online at www.adr.org, by calling the
AAA at 1-800-778-7879, or by contacting Warby Parker. The arbitrator has
exclusive authority to resolve any dispute relating to the interpretation,
applicability, or enforceability of this binding arbitration agreement.

d. Notice; Process. A party who intends to seek arbitration must first send a
written notice of the dispute to the other party by certified U.S. Mail or by
Federal Express (signature required) or, only if such other party has not
provided a current physical address, then by electronic mail (“Notice”). Warby
Parker's address for Notice is: JAND, Inc., 233 Spring Street, New York, NY
10013, Attn: Legal Department. The Notice must: (i) describe the nature and
basis of the claim or dispute; and (ii) set forth the specific relief sought
(“Demand”). The parties will make good faith efforts to resolve the claim
directly, but if the parties do not reach an agreement to do so within 30 days
after the Notice is received, you or Warby Parker may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by
you or Warby Parker must not be disclosed to the arbitrator until after the
arbitrator makes a final decision and award, if any. If the dispute is finally
resolved through arbitration in your favor, we will pay you the highest of the
following: (i) the amount awarded by the arbitrator, if any; (ii) the last
written settlement amount offered by Warby Parker in settlement of the dispute
prior to the arbitrator’s award; or (iii) $1,000.

e. Fees. If you commence arbitration in accordance with these Terms, We will
reimburse you for your payment of the filing fee, unless your claim is for more
than $10,000, in which case the payment of any fees will be decided by the AAA
Rules. Any arbitration hearing will take place at a location to be agreed upon
in New York County, New York, but if the claim is for $10,000 or less, you may
choose whether the arbitration will be conducted: (i) solely on the basis of
documents submitted to the arbitrator; (ii) through a non-appearance based
telephone hearing; or (iii) by an in-person hearing as established by the AAA
Rules in the county (or parish) of your billing address. If the arbitrator finds
that either the substance of your claim or the relief sought in the Demand is
frivolous or brought for an improper purpose (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees
will be governed by the AAA Rules. In that case, you agree to reimburse Warby
Parker for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator must issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees or expenses at any
time during the proceeding and upon request from either party made within 14
days of the arbitrator’s ruling on the merits.

f. No Class Actions. YOU AND WARBY PARKER AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and Warby Parker agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. If We make any future change to
this arbitration provision, other than a change to our address for Notice, you
may reject the change by sending Us written notice to our address for Notice
within 30 days of the change, in which case your account with Warby Parker will
be immediately terminated and this arbitration provision, as in effect
immediately prior to the changes you rejected, will survive.

h. Enforceability. If Section 18(f) is found to be unenforceable or if the
entirety of this Section 18(f) is found to be unenforceable, then the entirety
of this Section 18 will be null and void and, in that case, the parties agree
that the exclusive jurisdiction and venue described in Section 17 will govern
any action arising out of or related to these Terms.


19. SEVERABILITY

If it turns out that any part of these Terms are invalid, void, or for any
reason unenforceable, that term will be deemed severable and limited or
eliminated to the minimum extent necessary. The limitation or elimination of the
term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY
NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.


20. CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving certain electronic
communications from Us. You agree that any notices, agreements, disclosures, or
other communications that We send to you electronically will satisfy any legal
communication requirements, including that those communications be in writing.
If you want to change your communications preferences, please see the “Your
Choices” section of the Privacy Policy.


21. NOTICE REGARDING APPLE

To the extent that you are using the App on an iOS device, you further
acknowledge and agree to the terms of this Section 21. You acknowledge that
these Terms are between you and Warby Parker only, not with Apple Inc.
(“Apple”), and that Apple is not responsible for the Services and the content
thereof. Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the Services. In the event of any failure of
the Services to conform to any applicable warranty, you may notify Apple and
Apple will refund any applicable purchase price for the mobile application to
you, and, to the maximum extent permitted by applicable law, Apple has no other
warranty obligation whatsoever with respect to the Services. Apple is not
responsible for addressing any claims by you or any third party relating to the
Services or your possession and/or use of the Services, including, but not
limited to: (a) product liability claims; (b) any claim that the Services fail
to conform to any applicable legal or regulatory requirement; and (c) claims
arising under consumer protection or similar legislation. Apple is not
responsible for the investigation, defense, settlement or discharge of any third
party claim that the Services and/or your possession and use of the App
infringes that third party’s intellectual property rights. You agree to comply
with any applicable third party terms when using the Services. Apple and Apple’s
subsidiaries are third party beneficiaries of these Terms and, upon your
acceptance of these Terms, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a third party
beneficiary of these Terms.

You hereby represent and warrant that (a) you are not located in a country that
is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (b) you are not listed on
any U.S. Government list of prohibited or restricted parties.


22. ENTIRE AGREEMENT

These Terms, our Privacy Policy, and our Notice of Privacy Practices 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 the Services, which do not include professional
services furnished by Eye Doctors or services provided at our retail locations.
Any rights not expressly granted herein are reserved.


23. MISCELLANEOUS

We take our commitment to customers seriously, and We’ll do what We can for you.
However, sometimes things may come up that are outside of our control. We will
not be liable for any failure to perform any of our obligations stated in these
Terms if the failure results from a cause beyond our reasonable control,
including mechanical, electronic or communications failure or degradation,
supplier shortages or service provider failures, acts of god, governmental
actions, or delays, disruptions and shortages due to or as a result of public
health emergencies, epidemic, pandemics (e.g., COVID-19), or similar events.

You cannot assign, transfer or sublicense these Terms without first obtaining
our consent. We may assign, transfer, or delegate any of our rights and
obligations without your consent. These Terms do not create any agency,
partnership, joint venture, or employment relationship, and neither party has
any authority to bind the other in any respect.

If We do not enforce any part of these Terms, it does not mean We give up the
right to later enforce that or any other part of these Terms. In order for any
waiver of compliance with these Terms to be binding, We must provide you with
written notice of such waiver through one of our authorized representatives.

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

Notice for California Users. Under California Civil Code Section 1789.3,
California users of the Services are entitled to the following specific consumer
rights notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in
writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by
telephone at (916) 445-1254 or (800) 952-5210.

You did it; you made it to the end! We know it wasn’t easy (or especially
interesting). Thank you for reading.

How to Contact Us. For questions or concerns regarding the these Terms or the
Services, please contact Us via email at help@warbyparker.com or by mail or
telephone as follows:

233 Spring Street, 6th Floor East New York, NY 10013 Telephone: 888.492.7297


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