Terms of Use

Terms of Use

These Terms of Use (these “Terms”) apply when you access, use or visit our website located at www.nextpair.com (the “Site”), or the services we provide through the Site (the Site and these services constituting the “Services”). The Service is provided to you by Nexpair Inc.,(“Company,” “we,” “us” and “our”). We prepared these Terms to help explain the terms that apply to your use of the Service.

BY AFFIRMATIVELY ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS OF USE, YOU AGREE TO THESE TERMS, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT CONSENT TO BE BOUND BY EACH AND ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.

BY USING THIS SITE, YOU UNCONDITIONALLY AGREE THAT ALL CLAIMS RELATING TO YOUR ACCESS OR USE OF OUR SITE, INCLUDING ALL DISPUTES ARISING OUT OF, OR RELATED TO, ANY SERVICES PROVIDED VIE OUR SITE, WILL BE RESOLVED ENTIRELY THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. YOU MAY ALSO ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS OTHERWISE QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

1. Update to The Terms

We reserve our right to modify these Terms from time to time to ensure that they accurately reflect developments in current law and our business operations. We will notify you of material changes to these Terms by posting the amended terms on the Site at least ten (10) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms.

2. Eligibility

We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services. However, if you are 13 years old but under 18 years old, you can use the Services only if a parent or legal guardian who is at least 18 years old supervises you, provided that only the adult is the user and responsible for any and all activity. The Services provided through our Site is only for personal, noncommercial use, and not for the use or benefit of any third party except where you are a parent or legal guardian using the Services for your minor child.

3. Privacy

Use of the Site is subject to the terms of our Privacy Policy which is located at here. Please review such policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

4. Your Affirmative Representations

When you use the Services, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Services and your use of services available on the Services do not violate any applicable laws or regulations; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms.

5. Your Account

A. User Registration

Unless you are a registered user of the Services, you will not be able to place an order, view an order, track an order, save your favorites, save your recently viewed items. You can sign up to become a registered user of the Service by completing the registration process at here. You need 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. 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. You shall also be solely responsible for any activity that occurs through your personal device in connection with the Services.

B. User Accounts

After becoming a registered user of the Services, you will be required to create a user I.D. that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion.

C. User Responsibility

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us. Our Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

6. Terms of Sale

A. Placing an Order Through the Services

In order to place an order through the Services, you must provide us with applicable order information. This order information includes (a) your full name and correct and complete address and shipping information, (b) your phone number, (c) payment information (credit card number, expiry and code numbers), (d) your frame color, size and style, and (e) your optical prescription, lens type and style. Your order information is saved in your user account for future use.

24 Hour Hold Period; Changes to Your Order. After placing an order, you will have twenty-four (24) hours to revise and update the order information you have provided; otherwise, you will not be able to revise or update your order information, and we are not responsible for any data entry errors that you made when submitting your order information.

B. Delivery

Orders placed for delivery in the US are shipped from four warehouses in four locations in the US. Orders are usually shipped from these locations within 10 to 14 days from date of the order and your order is subject to shipping delays, strikes and other unforeseeable events. Therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected. We do not guarantee a specific delivery date.

C. Return Policy

(a) 15 Day Return. You will have fifiteen (15) days from the date of delivery of your order to return items included in the applicable order. If you are not satisfied with the glasses you have ordered from us, you may return those glasses and you may elect to receive a one hundred percent (100%) refund (excluding shipping. The refund will be issued to the credit card used on the preceding order. Shipping charges will not be refunded under any circumstances.

(b) Manufacturing and Other Defects. If your glasses have a manufacturing defect, we will replace them at no charge. We are not responsible for damage caused by customer wear and tear. If you are returning or repairing your glasses because of a manufacturing defect, you must: Contact customer service by email at hi@nextpair.com. Returns should be sent to the address. Shipping fees for warranty repairs or replacements are paid for by the customer.

D. 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.

7. Communication

A. Text Messages and e-mail

You may opt in to receive from us text messages, i.e., SMS messages or wechat message where applicable, and e-mails from NextPair. Since some of such messages may be considered marketing, you acknowledge that you are the owner or authorized user of the mobile device you use to subscribe for the mobile service. You further acknowledge that you will 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, or choose to unsubscribe to e-mails using the ‘unsubscribe’ link in e-mails, or in your NextPair account.

B. Security

Since the transmission of data over the Internet and mobile networks is not one hundred percent secure, you need to be aware that if you choose to send or receive financial information 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 us. Likewise, by emailing us or requesting that we email you, you consent to receiving unencrypted emails messages from us.

8. Intellectual Property

You acknowledge that 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 (collectively, the “Materials”), are the exclusive property of our Company or our licensors and is protected by United States and international copyright laws and other intellectual property laws and rights. We authorize you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of our Company or the respective copyright owner.

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 our Company, 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 Materials we make available through the Services. Any unauthorized use of any Marks 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.

9. Right to Use the Services

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. Further subject to your complete and ongoing compliance with these Terms, you also have the right to use one copy of the App (including any update or modification to the App) downloaded directly from our Company 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. However, if you are prohibited under applicable law from using the App or the Services, you may not use them.

10. Prohibited Uses

In connection with your use of the Services, you agree not to do or be involved in any one or more of the following acts:

A. Use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent.

B. Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including without limitation, hacking into the Services, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.

C. Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

D. Post advertisements or solicitations for jobs or employment on the Services, or otherwise use the Services to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Services.

E. Post on the Services any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents.

F. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Services, or any portion thereof.

G. Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Materials (as defined above) or enforce limitations on use of the Services or the Materials on the Services.

11. Social Media Guidelines

If you access or use any of our social media pages on Facebook, Pinterest, Twitter, Instagram, YouTube or Wechat, we ask you to follow the following guidelines when contributing content or comments to these social media pages:

A. Be Polite and Courteous. Excessive name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, will not be tolerated.

B. Stay on Topic. Keep the conversation relevant to the community and contribute to the dialogue. We reserve the right to remove content that is off-topic, out of context, spam, promotional or links to third party sites.

C. Keep It Real. All l postings should come from a real person. We will delete any postings from our social media pages that we believe have come from fake or anonymous profiles.

D. Contact Us with Your Concerns. We would like to hear about your complaints or concerns regarding the Services before you share them on our social media pages so that we can help resolve them for you. If you are a customer and have a customer service comment, complaint, concern or idea, we encourage you to email our customer service team at hi@nextpair.com.

We reserve the right to remove content you post on our social media pages that violates these social media guidelines.

12. Management of the Services

A. Our Right to Manage the Services. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Services for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services; (d) screen our users or members, or attempt to verify the statements of our users or members; (e) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms; and/or (f) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any content or any portion thereof you have made via the Services.

B. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION.

13. WARRANTY DISCLAIMER

A. 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.

C. The SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY OUR COMPANY 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, OUR COMPANY 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.

14. LIMITATION OF LIABILITY

YOU AGREE THAT OUR COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE, RESULTING DIRECTLY OR INDIRECTLY: (A) FROM ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AGENCY, NATURAL DISASTERS, ACTS OF WAR, INSURRECTION OR TERRORISM, STRIKES OR LOCKOUTS, UNAUTHORIZED NETWORK OR COMPUTER INTRUSION, OR INTERNET- OR COMPUTER-RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY A THIRD PARTY, FAILURE OF THE INTERNET AND OTHER CONDITIONS BEYOND OUR CONTROL, (B) SOLELY FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE, OR (C) SOLELY FROM YOUR INTENTIONAL ACTS OR OMISSIONS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

15. Termination

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.

16. Governing Law

No matter where you’re located, the laws of the State of Washington will govern these Terms and the relationship between you and NextPair as if you signed or otherwise agreed to these Terms in Washington State, without regard to Washington State’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 King County, Washington State 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.

17. Dispute Resolution and Arbitration

You and our Company 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. 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 OUR COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, either party shall have the right 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.

Any arbitration between you and our Company 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 arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

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”). 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 15 days after the Notice is received, you or our Company may commence an arbitration proceeding. 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 our Company in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

You and our company 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 our company 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.

18. 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.

19. Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy which describes our electronic communications practices. 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.

20. Entire Agreement

These Terms constitute the entire agreement between you and our Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.

21. PD Reader

The PD Reader tool that NextPair provides is powered by 6Over6, its terms of use compliant with those of 6Over6, avaliable here . By entering, connecting to, accessing, or using the Service, you acknowledge that you have read and understood the terms of use, including the terms of our “Privacy Policy”, available here (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding the Service and you acknowledge that these Terms constitute a legally binding and enforceable agreement between 6Over6 and yourself.

If you have any questions about these terms, please contact us at hi@nextpair.com.