Terms and Conditions
Last Updated: August 6, 2019
Welcome! Kits.com Technologies, Inc., which does business as “Kits”, provides this site www.kits.com (the “Site”), and our existing and future retail locations as a service to our customers. References to “we”, or “us” refer to Kits. We refer to this Site, our mobile applications, our existing and future retail locations, and the services and content available through them as the “Services.”
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND KITS RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE BELOW FOR DETAILS ON ARBITRATION.
We may update the Terms at any time. When we do so, we’ll post the updated Terms on the Site and/or through other communications. Please review these Terms whenever we update them. Your continued use of the Services after we have posted updated Terms constitutes your acceptance of the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Membership and Eligibility
You can sign up for a membership by registering and creating an “Account.” You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. If you are at least 13 years old, but under 18 years old, you can only use the Services if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services, but your parents or legal guardian can buy glasses for you.
To provide you with excellent 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 If any information is incorrect or outdated, it may lead to errors or delays, for which we will not be responsible. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re solely responsible for any activity that occurs through your Account and for keeping your Account and Account password secure and for any consequences resulting from your failure to do so.
We offer the Services only for personal, non-commercial 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). If you are prohibited under applicable law from using the Services, you may not use them.
Your use of the Services means you represent and warrant that you meet all our eligibility requirements. We may not allow certain people access to or use of the Services.
When you sign up for a subscription, you understand and acknowledge that, with the exception of any free trial periods, KITS will charge you a recurring subscription fee (the “Subscription Fee”) in exchange for your right to access and use our Services and receive products in accordance with these Terms. At the beginning of each subscription period, KITS will charge the Subscription Fee to the credit card or debit card you provided; this payment transaction will be facilitated by a third-party payment processor(s) and accessible through the Site and/or our mobile applications. You will receive a receipt through your Account each time we charge a Subscription Fee.
Cancellations; Automatic Renewal. You may cancel your subscription at any time by contacting our support team. If you do not cancel your subscription before the we ship your next subscription package, then your subscription will automatically continue and KITS will bill you for, and you must pay for, the subsequent subscription period.
Cancellations; Glasses Cancellation Fee. If you’ve received glasses with your subscription package and subsequently cancel your subscription within 6 months of your initial sign up, KITS will charge you $50, and if you cancel your subscription with 12 months, KITS will charge you $25.
Subscription Fee Amounts. The amount of each Subscription Fee will be set by KITS in its sole discretion and the rates are available at Kits.com.
By accepting our Terms, you understand and acknowledge that KITS reserves the right, but not the obligation, to change its Subscription Fee amounts at any time and in KITS’ sole discretion.
Free Trials and/or Discounts. KITS reserves the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Subscription Fee amount(s). KITS will not charge you a Subscription Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Subscription Fee amount, you must further agree to our Terms and pay the applicable Subscription Fees in order to receive the continued right to access and use our Services and receive products.
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in the currency shown at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
We care about your privacy and want you to know that transmitting data over the Internet and mobile networks isn’t 100% secure. Messages you send to or receive from Kits are not encrypted, and could be incepted by third parties. If you choose to communicate 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.
At Kits, we are committed to providing our customers with great quality products and a wonderful customer experience at reasonable prices. Our products are sold in limited quantities and availabilities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our Return Policy.
Registered Kits customers may be eligible for a referral credit when they share their personalized referral link and the referred customer completes his or her first purchase. To qualify for the credit, the referred customer must click on the referrer’s unique link, create a new Account, and place an order via the Site. Referral credit is granted as Kits ‘store credit’ to the referrer’s account once all items in the referred customer’s first order have shipped. The credit is non-transferable.
We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program.
We reserve the right to suspend our referral program at any time. If we remove the links to your referral codes, you may not receive referral credit for new people completing their first purchases with us anymore.
You’re encouraged to share your referral link with friends and family and through social media outlets. However, you must not, without permission, include Kits trademarks or engage in activity that may be regarded as misleading to Kits customers.
(a) Our Content
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Kits (“Content”). We own or license all such Content.
Subject to your compliance with these Terms, Kits grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(b) User Content
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services you hereby grant to Kits a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and Kits’ (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that Kits is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Kits as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Kits on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(c) Kits-Tagged Media
The Site includes the Kits page located at www.kits.com, which extracts content from our users and customers who share photos and videos on Instagram using Kits’ brand hashtags or tagging our Instagram account @kitseyewear (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in our retail locations, showrooms, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
(d) DMCA/Copyright Policy
Kits respects copyright law and expects its users to do the same. We will suspend or terminate Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Use of the Services
We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, Kits’ name, any Kits trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Kits or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to interfere in any way with the Services or Kits’ networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or by reviewing products. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon the Feedback for any purpose.
Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
You agree to indemnify and hold Kits (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
Gift cards, both physical and digital, are only redeemable if purchased through kits.com. We are not responsible for gift cards purchased from resellers and reserve the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.
Third Party Links
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at [email protected] In the event of termination, discontinuation or cancellation of Services or your Account your obligations under these Terms will continue.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
NEITHER KITS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KITS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL KITS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO KITS FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KITS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KITS AND YOU.
We’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to [email protected] If we request arbitration against you, we will give you notice at the email address or street address you provided.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between Kits and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kits and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Kits’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Kits may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Consent to Electronic Communications
Waiver of Rights
Kits’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kits. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions for us?
If you have any questions about these Terms or the Services, please contact us at [email protected]