Terms of Use

Effective Date: November 12, 2026

Prior Terms dated April 23, 2026, are available here.

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”), our retail locations, and Warby Parker-branded intelligent eyewear products equipped with cameras, microphones, speakers, and artificial intelligence capabilities, including any associated firmware and embedded software (collectively, “Intelligent Eyewear”). 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, our retail locations, Intelligent Eyewear, 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.

You can find the Terms of Use that apply to our Virtual Vision Test 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 [email protected].

PLEASE READ SECTION 18 ("DISPUTE RESOLUTION AND ARBITRATION") CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU AND WARBY PARKER TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT BEFORE A JUDGE OR JURY. IT ALSO INCLUDES A WAIVER OF CLASS-ACTION RIGHTS AND A WAIVER OF THE RIGHT TO A JURY TRIAL. THESE DISPUTE-RESOLUTION TERMS APPLY TO ALL CLAIMS BETWEEN YOU AND WARBY PARKER, INCLUDING CLAIMS THAT AROSE BEFORE OR AFTER YOU ACCEPTED ANY PRIOR VERSION OF THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR INTELLECTUAL PROPERTY CLAIMS AS DESCRIBED IN SECTION 18.

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 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 16. 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 16 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 16 years old, you may not use the Services (although your parents or legal guardian can still buy glasses for you). Intelligent Eyewear is not intended for use by individuals under 18, and individuals under 18 may not use Intelligent Eyewear or any Warby Parker-controlled Intelligent Eyewear services.

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

Certain health information We collect may be protected health information (“PHI”) governed by the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”). When information We collect is PHI, our HIPAA Notice of Privacy Practices describes how We use and disclose that information. For personal information that is not PHI, please see our Privacy Policy, which describes how We collect, use and disclose personal information, the privacy rights that may be available to you, and how to exercise those rights. With respect to Intelligent Eyewear, Warby Parker does not collect, receive, store, access, or process any audio, video, image, biometric, location, or other data captured, generated, or transmitted by or through Intelligent Eyewear or its AI-enabled features. All such data is collected, processed, and controlled exclusively by the applicable Third-Party Technology Partner in accordance with that Third-Party Technology Partner’s own terms of service and privacy policy (note, however, that if you try on Warby Parker-owned Intelligent Eyewear during an in-store demonstration, we will collect any information you capture with that eyewear through the Warby Parker-controlled account to which it is connected). Except when trying on Warby Parker-owned Intelligent Eyewear during an in-store demo, Warby Parker is not a data controller, business, data processor, or service provider (as those terms are defined under any applicable federal, state, or international privacy or data protection law, including without limitation the California Consumer Privacy Act, and the EU General Data Protection Regulation) with respect to any data captured, generated, or transmitted by or through Intelligent Eyewear.

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) 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.

These Terms apply to your Account and Intelligent Eyewear, and to anyone in your household that uses your Account and/or Intelligent Eyewear. These Terms also apply to any other person to whom you give, lend, share, or otherwise make Intelligent Eyewear available for use.

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. 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 7 of these Terms.

c. Delivery Information. We’ll need your name, address, and telephone number to complete your order and send you your Warby Parker purchase. For information about shipping and delivery, check out the Orders 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 [email protected], or contact Us via X @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.

7. Communicating with Warby Parker

a. Text Messages.

1. Transactional Messages. If you provided your phone number to Us as part of a transaction, We will text you information related to that transaction. Message frequency varies based on account activity. You may receive texts about:

Order tracking: Notifications when your order has shipped, or if We need more information to get your glasses to you.
Appointment reminders: Alerts for your upcoming eye exams at our retail locations.
Account security: Two-step verification codes to keep your prescription and payment data safe.
Customer support: Quick replies to your inquiries via our text-based help channel.

2. Marketing Messages. By opting in to receive marketing text messages from Us, or by sending Us an initial text message, you agree to receive marketing text messages (a.k.a. SMS messages) from Warby Parker, including messages sent on behalf of our Affiliates and Independent Practices. Consent to receive marketing texts is not a condition of purchasing glasses or using our Services.

3. Managing Your Text Preferences. You have full control over how We contact you. You can change your text message settings at any time:

To opt out: Reply STOP to any Warby Parker text message.
To opt in again: Reply START to a previous message thread or update your preferences in your Account.
For help: Reply HELP, call Us at 888.492.7297, or email [email protected]. You are responsible for all messaging and data charges that may apply to texts sent to or received from Warby Parker. Carriers are not liable for delayed or undelivered messages.

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 from Us. Worried about texting or sending anything sensitive? Just give Us a call at 888.492.7297.

8. 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, is 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 [email protected].

9. 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.

10. 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

11. Intelligent Eyewear

a. Third-Party Technology Features. Intelligent Eyewear incorporates hardware, software, artificial intelligence, and data processing capabilities provided by third-party technology partners (each, a “Third-Party Technology Partner”). These partners design, develop, manufacture, operate, maintain, and control the AI, camera, microphone, speaker, data processing, cloud computing, and other technology features embedded in or associated with Intelligent Eyewear (collectively, “Third-Party Technology Features”). Warby Parker’s role as your retailer is separate from the partner’s role in providing these features. All Third-Party Technology Features are provided directly by the applicable Third-Party Technology Partner and are also subject to that partner’s terms of service, privacy policy, end user license agreement, and other applicable agreements (collectively, “Third-Party Terms”). Your use of any Third-Party Technology Features constitutes your acceptance of the applicable Third-Party Terms. The applicable partner is responsible for the operation and performance of the features it controls, including its data handling and security practices. Questions or claims about those features should be directed to that partner. Warby Parker does not provide a separate warranty for those features. This allocation of responsibilities does not excuse Warby Parker from responsibility for its own acts or omissions or its obligations under these Terms or applicable law. The warranty provisions in Section 14 and limitations of liability in Section 15 apply.

b. Responsible Use. Intelligent Eyewear includes recording and AI features, so please consider your surroundings and the privacy of people around you when using it. You are responsible for: (i) understanding and complying with applicable laws governing your use of recording devices, cameras, microphones, artificial intelligence, biometric data collection, and monitoring, including consent requirements, laws governing the interception of communications, and biometric privacy laws, wherever you use Intelligent Eyewear; (ii) obtaining any required consents, permissions, and authorizations from individuals who may be recorded, photographed, observed, or otherwise affected by your use of Intelligent Eyewear, including bystanders, household members, coworkers, and members of the public (collectively, “Affected Third Parties”); (iii) using Intelligent Eyewear in a manner that respects the privacy, dignity, and legal rights of Affected Third Parties; and (iv) reviewing and complying with applicable Third-Party Terms. You are responsible for harm to the extent caused by your use of Intelligent Eyewear in violation of these obligations. These responsibilities do not require you to assume risks caused by Warby Parker’s own acts or omissions or excuse Warby Parker from its obligations under these Terms or applicable law. The limitations of liability in Section 15 apply.

c. Product Safety and AI Outputs. Intelligent Eyewear incorporates artificial intelligence features that generate outputs, responses, suggestions, and other content (“AI Outputs”). AI Outputs are generated by Third-Party Technology Partners and are not reviewed, verified, endorsed, or controlled by Warby Parker. AI Outputs may be inaccurate, incomplete, misleading, biased, or otherwise unreliable. You should not rely on any AI Output as a substitute for professional advice, including medical, legal, financial, or safety advice. Use independent judgment and verify important information before acting on it. You should exercise caution when using Intelligent Eyewear, including when operating a motor vehicle, bicycle, or other equipment, when navigating physical environments, and when interacting with other individuals. Do not use Intelligent Eyewear in any manner that may distract you from your surroundings or impair your ability to safely engage in any activity. The applicable Third-Party Technology Partner is responsible for the AI features it provides, and you are responsible for using those features safely and in accordance with these Terms. These warnings do not excuse Warby Parker from responsibility for its own acts or omissions or its obligations under these Terms or applicable law. The warranty provisions in Section 14 and limitations of liability in Section 15 apply.

d. In-Store Demonstrations and Trials. Warby Parker may offer in-store demonstrations or trials of Intelligent Eyewear at select locations. During a demonstration or trial, features such as cameras, microphones, and AI may be activated and may capture audio, images, video, or other data about you or people around you. Please use these features responsibly and obtain any required consent before capturing others. Intelligent Eyewear may not be used in certain areas, including eye exam rooms. Additional terms may apply and will be provided at the time of the demonstration or trial.

e. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Warby Parker and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Warby Parker Parties”) from and against any third-party claims, and any resulting damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs), to the extent caused by: (i) your breach of these Terms; (ii) your violation of any applicable law, regulation, or ordinance in connection with your use of the Services, including Intelligent Eyewear; or (iii) your violation of the rights of any third party, including any Affected Third Party, in connection with your use of the Services, including your failure to obtain any required consent. This obligation does not apply to the extent any such claims, damages, losses, liabilities, costs, or expenses are attributable to the negligence, willful misconduct, or breach of these Terms by any Warby Parker Party. This indemnification obligation shall survive the termination of these Terms and your cessation of use of the Services.

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, X and Facebook; or through activities in our stores). For the avoidance of doubt, User Content does not include any audio, video, image, or other data captured, generated, recorded, or stored by or through Intelligent Eyewear or any Third-Party Technology Partner’s platform, application, or cloud service. Warby Parker does not access, receive, or exercise any control over such data. 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.

Users and third parties are responsible for the content they independently create and provide. Warby Parker does not control that content merely because it appears on the Services. This does not excuse Warby Parker from responsibility for content We create or for our own acts or omissions. The warranty provisions in Section 14 and limitations of liability in Section 15 apply.

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 [email protected], or writing Warby Parker, 233 Spring Street, 6th Floor East, 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, INCLUDING INTELLIGENT EYEWEAR AND ALL THIRD-PARTY TECHNOLOGY FEATURES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” 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. WITHOUT LIMITING THE FOREGOING, WARBY PARKER MAKES NO WARRANTY OR REPRESENTATION REGARDING: (I) THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY AI OUTPUT OR ANY OTHER OUTPUT GENERATED BY OR THROUGH INTELLIGENT EYEWEAR OR ANY THIRD-PARTY TECHNOLOGY FEATURE; (II) THE SECURITY, PRIVACY, OR CONFIDENTIALITY OF DATA TO THE EXTENT ITS COLLECTION, PROCESSING, TRANSMISSION, OR STORAGE IS CONTROLLED BY A THIRD-PARTY TECHNOLOGY PARTNER; (III) THE PERFORMANCE, AVAILABILITY, OR UNINTERRUPTED OPERATION OF ANY THIRD-PARTY TECHNOLOGY FEATURE; (IV) THE COMPLIANCE OF ANY THIRD-PARTY TECHNOLOGY FEATURE WITH ANY APPLICABLE LAW, REGULATION, OR INDUSTRY STANDARD; OR (V) THE SUITABILITY OF INTELLIGENT EYEWEAR FOR ANY PARTICULAR USE OR ENVIRONMENT. THE DISCLAIMERS IN THIS SECTION DO NOT DISCLAIM WARBY PARKER’S OBLIGATIONS UNDER THESE TERMS OR APPLICABLE LAW WITH RESPECT TO PERSONAL INFORMATION IT COLLECTS OR OTHERWISE HANDLES. 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.

Warby Parker does not provide a separate or additional product warranty under these Terms. Notwithstanding anything to the contrary in these Terms, including Sections 11, 14, and 15, nothing in these Terms limits or excludes any applicable manufacturer’s warranty accompanying Intelligent Eyewear, your rights under that warranty, or any obligations Warby Parker has to administer that warranty. Any such manufacturer’s warranty remains subject to its own terms and conditions. Nothing in these Terms limits or excludes any warranty, right, or remedy that cannot be limited or excluded under applicable law.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE EXCEPTIONS BELOW, WARBY PARKER AND ANYONE REPRESENTING WARBY PARKER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS. SUBJECT TO THE SAME EXCEPTIONS, WARBY PARKER’S AND ITS REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID TO US FOR THE APPLICABLE PRODUCTS OR (II) $500.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED AND WHETHER OR NOT WARBY PARKER WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES. THE ALLOCATION OF RESPONSIBILITIES FOR USER CONDUCT AND THIRD-PARTY TECHNOLOGY FEATURES IN SECTION 11 DOES NOT EXCLUDE WARBY PARKER’S LIABILITY TO THE EXTENT HARM IS CAUSED BY ITS OWN ACTS OR OMISSIONS. THAT LIABILITY REMAINS SUBJECT TO THIS SECTION’S LIMITATIONS, EXCEPT AS PROVIDED BELOW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR PERSONAL INJURY OR DEATH TO THE EXTENT CAUSED BY THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF WARBY PARKER OR ANYONE REPRESENTING WARBY PARKER; THE GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT OF WARBY PARKER OR ANYONE REPRESENTING WARBY PARKER; OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION ALSO DOES NOT LIMIT THE WARRANTY RIGHTS OR OBLIGATIONS PRESERVED IN SECTION 14.

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. These Terms evince a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), including Section 2, governs the interpretation, enforcement, and all proceedings under this Section 18. The FAA and applicable arbitration-provider rules shall preempt any state law that conflicts with the FAA to the fullest extent permitted by law.

b. Scope of Arbitration. For purposes of this Section 18, references to “Warby Parker” include Warby Parker Inc. and its past, present, and future parents, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns, each of whom may enforce this Section 18. For the avoidance of doubt, a Third-Party Technology Partner is not included within “Warby Parker” solely by virtue of its status as a Third-Party Technology Partner. For purposes of this Section 18, references to “you” also include any person to whom these Terms apply under Section 4 and any person asserting a claim arising out of or relating to their use of an Account or Intelligent Eyewear made available to them by a person who accepted these Terms.

You and Warby Parker agree to resolve all claims through binding individual arbitration, except for (1) IP Claims and (2) claims that may be brought in small-claims court. For purposes of this Section 18, a “claim” includes any dispute, claim, cause of action, or controversy between you and Warby Parker, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arises from or relates to your Account, the Services, any Warby Parker product, including Intelligent Eyewear (whether or not purchased or owned by you), any advertising or promotions conducted by or for Warby Parker, any use or disclosure of your information or information about you, or the arbitrability, validity, enforceability, or scope of these Terms or any portion of them. “IP Claims” are claims relating to patents, copyrights, trademarks, trade secrets, or moral rights, and requests for injunctive or equitable relief for alleged unlawful use or infringement of such rights. (IP Claims do not include privacy or publicity claims.) Claims that are not IP Claims but are filed together with IP Claims will be resolved by arbitration. Either party may bring an individual claim in small-claims court, so long as it remains in small-claims court, is not removed or appealed to a court of general jurisdiction, and proceeds only on an individual (non-class, non-representative) basis. Whether a claim falls within a small-claims court’s jurisdictional limits is for that court to decide in the first instance. Additionally, this Section 18 does not apply to any professional services furnished by Eye Doctors.

c. Pre-Arbitration Process. Before you or Warby Parker may file an arbitration demand or bring a claim in small-claims court, the claiming party must first send the other party a written Pre-Arbitration Notice (“Notice”). Good-faith, informal efforts to resolve claims often produce a faster, lower-cost, and mutually beneficial result. A Notice is “complete” only when it includes all of the following: (1) the claiming party’s full name, mailing address, email address, telephone number, and, if applicable, the email address or other identifier associated with their Warby Parker Account or transaction, country of residence, and (if you are a U.S. resident) state of residence; (2) the name and contact information of the claiming party’s attorney, if the claiming party is represented by counsel; (3) a clear description of the nature and basis of the claim; (4) a description of the specific relief sought, including any damages and a detailed calculation of those damages; and (5) a statement personally signed by the claiming party (not solely by their attorney) verifying under penalty of perjury that the contents of the Notice are true and accurate. The Notice must concern only one party’s claim.

d. Your Notice to Warby Parker must be sent via certified U.S. Mail or Federal Express (signature required) to: Warby Parker Inc., 233 Spring Street, 6th Floor East, New York, NY 10013, Attn: Legal Department, or by electronic mail to [email protected]. Warby Parker’s Notice to you will be sent to the email address or physical address currently associated with your Account or otherwise provided by you in connection with the applicable transaction or Services. After the receiving party gets a complete Notice, both parties will work in good faith to resolve the dispute for 60 days from the date the complete Notice is received (“Resolution Period”). The Resolution Period may be extended by written agreement of the parties. During the Resolution Period, either party may request an individualized settlement conference by phone or video. Both parties must personally attend the conference (with counsel for both parties if represented, invited to attend). A party who cannot attend by video may attend by phone upon a showing of good cause. The parties will cooperate to schedule the conference at the earliest mutually convenient time which may fall after the 60-day period if the parties agree.

e. If the dispute is not resolved by the end of the Resolution Period (or any agreed extension), either party may commence arbitration, file in small-claims court, or pursue any other course permitted by these Terms. Completing the Notice and Resolution Period steps described above (the “Pre-Arbitration Process”) is required before commencing any arbitration or small-claims court proceeding. Any demand for arbitration (or small-claims petition) must be accompanied by (1) a written certification that the filing party has completed the Notice and Resolution Period steps and (2) the personal signature of the filing party (and their counsel, if represented) on both the demand and the certification. If there is a question about whether the Notice was sufficient or whether the Resolution Period steps were completed, either party may raise that issue with a court of competent jurisdiction, and any pending arbitration will be stayed. The court has the authority to enforce this required first step, including the power to enjoin the filing, prosecution, or administration of any arbitration filed without completing this process; enjoin the assessment, collection, or invoicing of arbitration fees for any such filing; and award damages for non-compliance. Unless prohibited by law, the arbitration administrator may not accept, administer, assess, or invoice fees for an arbitration commenced without proof of completion of this process. If an arbitration has already been filed without compliance, it must be administratively closed. All applicable limitations periods (including any statutes of limitation) and any filing-fee deadlines are tolled from the date a complete Notice is received by the other party until the earlier of (a) the conclusion of the Resolution Period steps (including any agreed extension) or (b) the date the dispute is resolved, withdrawn, or the filing party commences an arbitration or small-claims proceeding after the Resolution Period ends. Either party may ask a court for a temporary restraining order or preliminary injunction while the Resolution Period is ongoing, but only if waiting would cause irreparable harm. A court’s authority under this paragraph is strictly limited to granting temporary relief to support the arbitration, small-claims, or other judicial process. The court may not decide the merits of the dispute.

f. Arbitration. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures (and, if applicable, its Supplemental Rules for Mass Arbitration Filings), as modified by these Terms. NAM rules and forms are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with these Terms, the arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org. If neither NAM nor AAA is available, you and Warby Parker will either agree on a new arbitration administrator or, if you and We cannot agree, petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the proceeding consistent with these Terms. The party initiating the arbitration must include all of the following with their demand for arbitration: (1) written certification that the filing party has completed the Pre-Arbitration Process described above, (2) a copy of the Notice previously sent to the other party, (3) a statement that the filing party is bound by these Terms and this Section 18, and (4) personal signatures of the filing party and their counsel (if represented) on both the arbitration demand and the certification. If an arbitration demand does not include all of the above, the arbitration administrator must not accept, administer, or assess fees in connection with that demand, and any such filing will be dismissed without prejudice to refiling after the deficiency is cured.

g. A court of competent jurisdiction has exclusive authority to decide (1) whether this Section 18 is valid, enforceable, or applicable to a particular dispute (gateway issues), (2) whether a dispute can or must be brought in arbitration (arbitrability), (3) whether the Pre-Arbitration Process was satisfied, (4) whether to enjoin the filing, prosecution, or administration of an arbitration or the assessment of arbitration fees, (5) whether claims are “similar” for purposes of triggering the Mass Arbitration procedures below, and (6) any issues specifically reserved for a court elsewhere in these Terms. 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. The arbitrator decides all other issues, including the merits of any properly filed claim, after the Pre-Arbitration Process has been completed. The arbitrator does not have authority to revisit the court’s gateway determinations.

Unless you and Warby Parker agree otherwise, or the applicable arbitration rules dictate otherwise, any arbitration hearing involving a claim seeking no more than $15,000 will be held via videoconference with both parties having the option to attend the hearing live. All other hearings will take place in the county or parish of your residence. You and a Warby Parker representative must attend any videoconference or in-person arbitration. At the conclusion of the arbitration, the arbitrator must issue a reasoned written decision that explains the essential findings and conclusions supporting or rejecting any award. The arbitrator’s decision is binding only on the parties to that arbitration and has no precedential effect in any other proceeding involving a different party. An award that has been fully satisfied may not be entered in any court.

h. By signing and filing an arbitration demand or any submission in the arbitration, each party and their counsel (if represented) certify that, to the best of their knowledge, information, and belief formed after an inquiry reasonable under the circumstances, (1) the filing is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator is authorized to impose any sanctions available under the arbitration rules, applicable federal or state law, or standards analogous to those set forth in Federal Rule of Civil Procedure 11. Sanctions may include an award of the opposing party's reasonable attorneys’ fees, costs, and expenses and reallocation of arbitration fees. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, consistent with applicable law.

i. Arbitration Fees. The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable arbitration rules and applicable law. You and Warby Parker agree that arbitration should be cost effective for all parties and that any party may engage with the arbitration administrator to address the reduction or deferral of fees.

j. Confidentiality. Except as required by law, all non-public, proprietary, or confidential information exchanged in connection with an arbitration—including the existence of the arbitration, submissions, evidence, and any award—must be kept confidential and may be used only for purposes of the arbitration or any proceeding to confirm, enforce, or challenge the award. If disclosure is required by law, the disclosing party will, to the extent allowed, seek confidential treatment (such as filing under seal) and limit disclosure to the minimum necessary. The foregoing confidentiality obligations are subject to the limited exception set forth in the Mass Arbitration subsection below.

k. Offer of Settlement. In any arbitration, the defending party may make a written settlement offer at any time before the arbitrator issues a decision. If the party bringing the claim does not accept the settlement offer within 7 days after receiving it and does not obtain a more favorable result in the arbitration, the party bringing the claim must pay the defending party’s costs incurred after the offer was received, including arbitration fees, to the extent permitted by applicable law. The fact and terms of the settlement offer may not be disclosed to the arbitrator until after the arbitrator issues a decision.

l. Individual Claims. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WARBY PARKER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. 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 class, collective, consolidated, or representative proceeding. Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief (meaning injunctive relief that is primarily for the benefit of the general public and not solely for the benefit of the individual party), the parties agree that all issues other than the request for public injunctive relief shall be resolved in arbitration first (unless the claim is not subject to arbitration or is properly brought in small-claims court).

Following the issuance of any final award on the arbitrable claims, any request for public injunctive relief shall be decided by a court of competent jurisdiction, to the extent required by applicable law. The court shall be bound by the findings of fact and conclusions of law made by the arbitrator to the fullest extent permitted by law. Similarly, if, after all appeals have been exhausted (or the decision is otherwise final), a court determines that any of the prohibitions on non-individualized relief or class, collective, consolidated, or representative proceedings are unenforceable with respect to a particular claim or request for relief, then (1) that particular claim or request for relief will be severed and may proceed in a court of competent jurisdiction; (2) all other claims that remain subject to arbitration on an individual basis must be arbitrated first, and the court proceedings on the non-arbitrable claim(s) will be stayed pending the completion of that arbitration; (3) any portion of the class/representative waiver that is enforceable will continue to be enforced in arbitration; and (4) the court will be bound by the arbitrator’s findings of fact and conclusions of law to the fullest extent permitted by law.

You agree that any arbitrations between you and Warby Parker will be subject to this Section 18 and not to the dispute-resolution or arbitration provisions in any prior version of these Terms, and, notwithstanding any provision in these Terms to the contrary, you agree that this Section 18 supersedes and replaces those prior provisions and applies to all claims between you and Warby Parker, including claims that arose or accrued before this Section 18 became effective and claims that were or could have been asserted under any prior version of these Terms.

m. Mass Arbitration. If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (“Mass Arbitration”), then you and Warby Parker agree that the additional procedures set forth below shall apply. Claims are “similar” if they arise from the same or substantially similar facts, transactions, or legal theories, even if the claimants allege different individual damages.

The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration proceeding. The parties acknowledge and agree that by electing to participate in a Mass Arbitration proceeding, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the Notice and Pre-Arbitration Process are initiated, so long as the Notice complies with the requirements in this Section 18, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One: Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.

Stage Two: After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by Warby Parker. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within 30 days, the arbitration administrator will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. Notwithstanding the confidentiality obligations set forth above, the outcomes and awards from Stage One arbitrations may be shared with all parties participating in the Mass Arbitration and their counsel for purposes of the Stage Two mediation and any subsequent stage of the Mass Arbitration process described in this section.

Stage Three: If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Section 18 will no longer apply to any party with a claim for which a timely and complete Notice was submitted and who completed the Pre-Arbitration Process. Any such party with an unresolved claim may pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Arbitration proceedings who submitted a timely and complete Notice and completed the Pre-Arbitration Process.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to a claim, and a court of competent jurisdiction determines that they are not enforceable as to that claim, then that claim shall proceed in a court of competent jurisdiction otherwise consistent with these Terms.

You and Warby Parker agree that you each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between you and Warby Parker. You and Warby Parker acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and Warby Parker further agree that application of these Mass Arbitration proceedings has been reasonably designed to result in an efficient and fair adjudication of such cases.

n. Opt Out. You may opt out of the arbitration requirements of this Section 18 by sending written notice of your decision to opt out to [email protected] within 30 days of first agreeing to these Terms. Such notice must include (1) your name, (2) your contact information (including email address, mailing address, and telephone number), and (3) a statement that you wish to opt out of requirements to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice of opting out of arbitration, then you agree to be bound by this Section 18’s arbitration requirements. If you opt out, the opt-out applies only to this Section 18’s arbitration requirements and does not affect any other provision of these Terms (including the class-action waiver and jury-trial waiver, which remain in effect to the fullest extent permitted by law). If you opt out and a dispute is already pending at the time of your opt-out, your opt-out will apply to that pending dispute to the extent permitted by applicable law.

o. Severability. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason (except as specifically provided above regarding class/representative waiver severability), then (1) the unenforceable or unlawful provision will be severed from these Terms; (2) severance will not affect the remainder of this Section 18 or the parties’ ability to compel arbitration of remaining claims on an individual basis; (3) to the extent any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction (not in arbitration), and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration; and (4) if this specific severability paragraph is found unenforceable, the entirety of the arbitration provision (except for the Pre-Arbitration Process) will be null and void. This Section 18 will survive the termination of these Terms and your relationship with Warby Parker.

p. Class Action Waiver and Jury Trial Waiver. Except for a joint or consolidated action expressly permitted under subsection (m) following completion of the Mass Arbitration process, you and Warby Parker agree that, to the fullest extent permitted by law, (1) each party may bring claims against the other only in their individual capacity—not as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding, whether in court or in arbitration; (2) neither party may bring a claim on behalf of a class or group, or on behalf of any other person (unless acting as a parent, guardian, or other duly authorized representative of a minor or someone who cannot bring their own claim); (3) neither party may participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by a third party—except that you and Warby Parker may participate in a class-wide settlement; and (4) both parties waive the right to a jury trial. This class action waiver is intended to be enforceable to the fullest extent permitted by law, regardless of the enforceability of the arbitration provision itself. The jury trial waiver remains in effect even if the arbitration provision is found unenforceable. If this waiver is found unenforceable for a particular claim, that claim shall proceed in court after all arbitrable claims are resolved in arbitration. This Class Action Waiver and Jury Trial Waiver will survive the termination of these Terms and your relationship with Warby Parker.

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, our Notice of Privacy Practices, and any applicable additional terms agreed to by you in-store (including the Intelligent Eyewear Terms of Use) 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. 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 to the extent 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, epidemics, pandemics (e.g., COVID-19), or similar events. Third-Party Technology Partners manage the availability and operation of the features and services they provide. Warby Parker is not responsible for failures, interruptions, changes, or discontinuation of those features or services to the extent caused by circumstances beyond our reasonable control. This provision does not excuse Warby Parker from responsibility to the extent a failure results from our own acts or omissions or from obligations that cannot be excluded under applicable law. The limitations of liability in Section 15 apply.

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 Terms or the Services, please contact Us via email at [email protected] or by mail or telephone as follows:

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