Last updated: December 8, 2025

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and 9FIVERS LLC d/b/a 9FIVE ("9FIVE," "we," "us," or "our") governing your access to and use of the 9FIVE website at www.9five.com and any related services, features, content, or applications offered by 9FIVE (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date at the top of these Terms and, where appropriate, by other reasonable means such as email or a notice on our website. Your continued use of the Services following such changes constitutes your acceptance of the revised Terms.

3. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Services and make purchases. By using the Services, you represent and warrant that you meet this eligibility requirement.

4. Account Registration

Account Creation

You may be required to create an account to access certain features of the Services. When creating an account, you agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update your account information

• Maintain the security of your password and account

• Accept responsibility for all activities that occur under your account

• Notify us immediately of any unauthorized use of your account

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

5. Orders and Purchases

Product Availability

All products are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our sole discretion. Prices and availability are subject to change without notice.

Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraud.

Pricing

All prices are in U.S. dollars and are subject to change without notice. We strive to display accurate pricing information, but errors may occur. If we discover a pricing error after you have placed an order, we will notify you and give you the option to confirm your order at the correct price or cancel it.

Payment

We accept payment through various methods as indicated on our website. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided

• The payment information is accurate and current

• You will pay all charges incurred by you at the prices in effect when such charges are incurred

Taxes

You are responsible for all applicable taxes, duties, and customs fees associated with your purchase.

6. Shipping and Delivery

Shipping Policy

We ship to addresses within the United States and select international locations. Shipping times and costs vary based on your location and selected shipping method. All shipping times are estimates and are not guaranteed.

Risk of Loss

Title and risk of loss for products pass to you upon our delivery of the products to the carrier.

International Orders

For international orders, you are responsible for complying with all applicable customs regulations and paying all duties, taxes, and customs fees. We are not responsible for delays caused by customs processes.

7. Returns and Exchanges

Our return and exchange policy is available at https://9five.com/pages/returns-and-exchanges. By making a purchase, you agree to our return and exchange terms. Returns and exchanges are subject to our approval and must comply with the conditions set forth in our return policy.

8. Intellectual Property

Our Content

All content on the Services, including but not limited to text, graphics, logos, images, videos, software, and designs (collectively, "Content"), is the property of 9FIVE or its licensors and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to these Terms. This license does not include:

• Resale or commercial use of the Services or Content

• Collection or use of product listings, descriptions, or prices

• Derivative use of the Services or Content

• Downloading or copying account information for the benefit of another merchant

• Use of data mining, robots, or similar data gathering tools

Trademarks

9FIVE, our logo, and other marks used on the Services are trademarks of 9FIVE. You may not use our trademarks without our prior written permission.

9. User Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms

• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

• Interfere with or disrupt the Services or servers or networks connected to the Services

• Attempt to gain unauthorized access to any portion of the Services or any systems or networks

• Use any automated system, including "robots," "spiders," or "offline readers," to access the Services

• Transmit any viruses, worms, defects, Trojan horses, or other harmful code

• Collect or harvest any personally identifiable information from the Services

• Engage in any activity that could damage, disable, overburden, or impair the Services

10. User Content

Your Content

The Services may allow you to submit reviews, comments, photos, or other content ("User Content"). You retain ownership of your User Content, but by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

Content Standards

You represent and warrant that your User Content:

• Does not infringe any intellectual property or other rights of any third party

• Does not contain any defamatory, obscene, offensive, or illegal material

• Does not contain any viruses or other harmful code

• Complies with all applicable laws and regulations

We reserve the right to remove any User Content that violates these Terms or that we find objectionable, at our sole discretion.

11. Communications and Messaging

Consent to Receive Messages

By providing your phone number and opting in to our messaging program, you expressly consent to receive text messages from 9FIVE, including Short Message Service (SMS) and Rich Communication Services (RCS) messages, at the phone number you provide. Your consent is not a condition of any purchase. You understand that message frequency may vary depending on your interactions with us and the types of messages you have opted to receive.

Types of Messages

Depending on your preferences and consent, you may receive the following types of messages:

• Transactional Messages: Order confirmations, shipping notifications, delivery updates, and other communications related to your purchases

• Account Messages: Account alerts, password resets, security notifications, and customer service communications

• Promotional Messages: Marketing communications, special offers, promotions, new product announcements, and other advertising content (requires separate opt-in consent)

Message Frequency and Costs

Message frequency varies. For promotional messages, you may receive up to 6 messages per month. Transactional messages are sent as needed based on your orders and account activity. Message and data rates may apply. Please consult your mobile carrier's pricing plan for details. 9FIVE is not responsible for any fees charged by your mobile carrier.

How to Opt-Out

You may opt out of receiving text messages at any time by:

• Replying "STOP," "UNSUBSCRIBE," "CANCEL," "END," or "QUIT" to any message you receive from us

• Contacting us at info@9five.com with your request to unsubscribe

• Managing your communication preferences in your account settings

After you opt out, you will receive a single confirmation message. Please note that opting out of promotional messages will not affect transactional messages related to your orders unless you specifically request to stop all messages. You may opt back in at any time by texting "START" or by re-subscribing through our website.

Help and Support

For help or questions about our messaging program, reply "HELP" to any message or contact us at info@9five.com. You may also call us at 1-833-858-1955 or write to us at 9FIVE Eyewear, 2163 Logan Ave, San Diego, CA 92113.

Rich Communication Services (RCS)

Where supported by your device and carrier, we may send messages using Rich Communication Services (RCS), which may include enhanced features such as:

• High-resolution images and videos

• Interactive buttons and carousels

• Read receipts and typing indicators

• Branded sender identification

By opting into our messaging program, you consent to receive RCS messages where available. If RCS is not available on your device, you will receive standard SMS messages instead. The same opt-out procedures apply to both SMS and RCS messages. RCS messages may require a data connection; standard data rates from your carrier may apply.

Consent Records

We maintain records of your consent to receive messages, including the date, time, and method of consent, as well as records of any opt-out requests. These records are maintained in accordance with applicable laws and regulations.

Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator and other factors outside of our control. We are not responsible for messages that are undelivered, delayed, or otherwise affected by issues with your mobile device or carrier network.

Supported Carriers

Our messaging program is designed to work with major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. However, carrier policies and capabilities may affect message delivery. Some carriers may not support all message types or features.

Changes to Messaging Program

We reserve the right to modify or discontinue our messaging program at any time. We will provide notice of material changes where required by law.

12. Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and share your information.

For information specifically about our email and text messaging programs, including how we collect, use, and protect information related to SMS and RCS communications, please see our Messaging & Email Privacy Policy.

13. Third-Party Links and Services

The Services may contain links to third-party websites, services, or resources. We are not responsible for and do not endorse the content, products, services, or practices of any third parties. Your interactions with third parties are solely between you and such third parties, and you agree that we are not liable for any loss or damage incurred as a result of such interactions.

14. Disclaimers

AS IS Basis

THE SERVICES AND ALL PRODUCTS, CONTENT, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 9FIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Guarantees

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free

• The results obtained from the use of the Services will be accurate or reliable

• The quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations

• Any errors in the Services will be corrected

Product Information

We strive to provide accurate product descriptions, images, and information. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct it and/or update information at any time without prior notice.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 9FIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless 9FIVE, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of or inability to use the Services

• Your violation of these Terms

• Your violation of any rights of another party

• Your User Content

17. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Jurisdiction and Venue

You agree that any dispute arising out of or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

Time Limitation

You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

18. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and 9FIVE regarding the Services and supersede all prior agreements and understandings.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between you and 9FIVE.

Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@9five.com

Mailing Address:

9FIVE Eyewear

2163 Logan Ave

San Diego, CA 92113

United States

Terms of Service