These Terms of Service are an agreement between you, a participant of the Pear Eyewear service , and Pear Labs, LLC. They govern your use of the Service and your relationship with Pear Eyewear. When you register as a Pear Eyewear customer, you agree to be bound by these Terms.
1. Registration, Security, and Privacy
- You are responsible for maintaining the security of your account information, including your authentication credentials. You agree to notify Pear Eyewear immediately of any actual or suspected loss, theft, or unauthorized use of your credentials. Pear Eyewear shall not be liable for any loss or damage arising from your failure to keep your account secure.
- You may only use the Service if you are 13 years old or older, and you represent to us that you are 13 or older. If you are under the age of 18, your legal guardian must consent to your use and must agree to be bound by these Terms.
2. Acceptable Use Policy
- The following conduct is prohibited on the Service:
Illegal activities, including the promotion or solicitation of illegal acts.
- Malicious activity or content, such as the transmission of viruses, malware, or any other malicious or destructive code, or content or activity intended to harm or disrupt the hardware, networks, or infrastructure of Pear Eyewear or any third parties.
- Unauthorized access, including: accessing or attempting to access any non-public interface, system, or functionality of the Service, or testing the Service for vulnerabilities, except as described in our security disclosure policy.
- Abuse, including threats of violence or harassment of a customer through repeated unwanted contact.
- Posting anyone’s personal or confidential information, such as social security numbers, credit card numbers, street addresses, phone numbers, confidential ID numbers, or account passwords, without their permission.
- Account hijacking, including any access to or use of another customer’s account without their permission.
- Child exploitation, including any content or activity that exploits or abuses children.
- Spam, including posting unsolicited promotional or commercial content in comments, sending invitations for the purpose of advertising to the recipients, or posting content or links for the purpose of manipulating search or other algorithms.
- Intellectual property infringement, including the infringing use of third party trademarks or the unauthorized and unlawful posting of copyrighted content. We respond to reports of copyright infringement as described in the Copyright Policy.
- Fraud or impersonation, including any use of the Service to impersonate or deceive others. Contests or promotions that violate any applicable law or regulation, or that suggest in any way that Pear Eyewear is involved in or responsible for the activity.
3. Pear Eyewear’s Service Providers
4. Service Changes and Limitations
- Pear Eyewear may change the Service at any time, without notice to you. Pear Eyewear may also stop providing one or more services or features, introduce new limits on use of the Service, or change the terms upon which the Service is available.
- You may terminate this agreement at any time by closing your account through the Service or sending us a notice of cancellation at [email protected] and ceasing all use of the Service.
- Pear Eyewear may suspend or terminate your access to the Service at any time and for any reason, including for violations of these Terms. We will make reasonable efforts to notify you if we suspend or terminate your account.
6. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pear Eyewear SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Pear Eyewear OR ITS AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Pear Eyewear, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
- You agree to defend, indemnify and hold harmless Pear Eyewear and its officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Service, breach of these Terms or violation of any laws. Pear Eyewear may assume the exclusive defense and control of any matter for which you have agreed to indemnify Pear Eyewear and you agree to assist and cooperate with Pear Eyewear in the defense or settlement of any such matters.
8. Miscellaneous Terms
- Assignment: You may not assign your rights and obligations under these Terms to any other person. In the event of a merger, sale, or acquisition of substantially all of Pear Eyewear’s assets, Pear Eyewear may assign its rights and obligations under these Terms to its successor except with Pear Eyewear’s express written agreement.
- Modifications to this Agreement: Pear Eyewear may occasionally revise these Terms. You can find the most recent version atour Terms of Service. If we determine, in our sole discretion, that a change to these Terms is material, we will notify you of the change through the Service or by emailing you at the address associated with your account. By using the Service after a new version of these Terms becomes effective, you thereby agree to be bound by the revised Terms.
- Choice of Law: These Terms and the relationship between you and Pear Eyewear shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Service, shall be brought exclusively in the courts located in Dallas County, Texas. You consent and waive any objection to the jurisdiction of and venue in these courts.
- Authority to Enter Into Agreement: You represent and warrant that you have the legal authority to enter into this agreement and that the performance of obligations under this agreement will not violate any agreement between you and any other person, firm, or organization. If you are entering this agreement on behalf of another person or entity, you represent and warrant that you are authorized to do so.
- Export Controls: You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Waiver and Severability: Failure by Pear Eyewear to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
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