(Updated January 01, 2018)
- Purpose of the Site
The Site provides information and the ability to purchase prescription glasses (and related products) online as well as a number of different services to assist you in evaluating and shopping for various products sold by Visionworks, including high-quality eyeglasses, designer eyeglass frames, brand name prescription sunglasses, children's eyeglasses, contact lenses, reading glasses, and specialty lenses. By using the Site, you acknowledge that Visionworks disclaims any responsibility for or liability related to your use of the Site (see 'DISCLAIMER OF WARRANTIES' below).
- No Provision of Medical Advice or Services
Under no circumstances should any information on this Site be directly used as either a diagnosis, medical advice, or substitution for medical advice. It is extremely important that you not make medical decisions without first consulting your personal physician or other healthcare professional, and Visionworks strongly urges that you consult with your physician regarding any and all treatment and diagnostic options that may be available to you, including the acquisition or provision of Visionworks’ optical goods and services. If you choose to make purchases on this Site utilizing insurance coverage information that Visionworks is able to access, you grant Visionworks permission to contact such insurance provider, to verify your insurance coverage information, and to obtain authorization from your insurer regarding purchases made through this Site. We encourage you to check this Site from time-to-time for updates to the list of insurance providers that Visionworks is able to utilize in purchases made on this Site.
- Lawful Use; Use by Minors
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Site in any manner or for any purposes that are unlawful or prohibited by this Agreement. The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register for the Site. Visionworks reserves the right to terminate your membership in the event that Visionworks becomes aware you are under 18.
- User Accounts
Certain features and services on the Site may require that you first register by creating a User Account. You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password (i.e., a password of sufficient length and complexity such that third parties will not readily guess your password). You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify Visionworks promptly of any unauthorized use or suspected breach of security of your User Account. Visionworks shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. We reserve the right to terminate or suspend your account if the information submitted or provided to Visionworks with respect to your account is inaccurate or fraudulent or we have reason to believe it is inaccurate or fraudulent.
- User Submissions
By contributing or submitting any content to the Site (such content, User Content), you warrant that you are the author or owner of the intellectual property rights thereto or you otherwise have the right to submit such User Content to the Site, and you grant Visionworks a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to duplicate, reproduce, distribute, use, copy, modify, delete in its entirety or in part, adapt, publish, translate, create derivative works from, publicly perform, publicly display, lease, sell, incorporate into, and otherwise exploit User Content in any form, medium or technology, without compensation or attribution to you. Additionally, you warrant that all moral rights that you may have in the User Content have been voluntarily waived by you. None of the User Content shall be subject to any obligation of confidence on the part of Visionworks, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Visionworks reserves the right to change or delete any User Content on the Site that Visionworks deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. You expressly agree that you shall not post any User Content: (i) that is known by you to be false, inaccurate or misleading; (ii) to which you do not own or otherwise control or have a right to exercise the necessary rights; (iii) that infringes or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; pornographic or obscene; (vi) for which you were compensated or granted any consideration by any third party; or (vii) that contains any computer viruses, worms, Trojan horses, trap doors, or other potentially damaging computer programs or files.
- Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, photos, and other content and communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Visionworks reserves the right (but not the obligation) to remove or edit such content, or to terminate your access to the Site, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Visionworks a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Visionworks and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Visionworks for all claims resulting from content you supply. Visionworks has the right but not the obligation to monitor and edit or remove any activity or content. Visionworks takes no responsibility, does not endorse and assumes no liability for any content posted by you or any third party. We reserve the right to remove or restrict your ability to post personal information about yourself or others such as address and phone number, or any other content or material, including photos or drawings, that is unlawful, harmful, threatening, abusive, harassing, defamatory, lewd, sexually explicit, vulgar, obscene, profane, hateful, fraudulent, racially, ethnically or otherwise objectionable.
- Intellectual Property Rights
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, price quotes, product specifications, and other materials appearing on the Site which are not User Content (the 'Visionworks Content') and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the 'Technology') displayed, used, or incorporated on the Site by Visionworks, and all patents, copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary rights therein, are owned or licensed by Visionworks or its licensors. You may use the Visionworks Content and Technology only for your own personal, noncommercial, internal and informational purposes, and you may not reverse-engineer or decompile any of the Technology. You may not use the Visionworks Content and Technology in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Visionworks. In connection with your use of this Site, you may not:
1. resell or commercially use this Site or its contents;
2. download or copy any account information for the benefit of another merchant or other person or entity;
3. delete or revise any material or other information of ours or any other user;
4. harvest or otherwise collect information about others, including email messages, without their consent;
5. collect or otherwise use any data located on the Site for litigation or legislative purposes;
6. take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
7. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; Use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Visionworks and generally available third-party web browsers. You may print a copy of the Visionworks Content solely for purposes expressly authorized herein, but you may not remove any patent, copyright, trademark or other notice displayed on the corresponding webpage or print-out. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Visionworks Content and Technology, in whole or in part, for any purpose without the express written permission of Visionworks. Nothing in this Agreement shall be construed as granting any permission (except as set forth in this paragraph), right, or license in any of the Visionworks Content or Technology. All intellectual property rights are fully reserved by Visionworks and any third party owners of those rights. Portions of this website are licensed under U.S. Patent No. 5,930,474. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.
- Links to and from Other Websites
Portions of the Site may include links to third-party websites. In addition, you may have entered the Site via links on other third-party websites. Such links are provided or permitted to exist as a convenience measure, and Visionworks is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Site or is accessible by a link from the Site. The inclusion and use of links does not imply sponsorship or endorsement by Visionworks of any third-party website or any products or services associated with such third-party website.
- You understand and agree that Visionworks may store information on your computer in the form
of a cookie or similar tool for purposes of improving the functionality of the Site.
- Your Order
All prices online for purchase and offers associated with them are subject to change. Except where noted otherwise, the prices displayed for products on the Site represent the full retail price of the products themselves, minus any offers that are available online. If you choose to make a purchase on this Site utilizing insurance coverage information, the purchase price that you owe on such purchase will be based on your insurance coverage information as that coverage information is provided to Visionworks by your insurance carrier. Despite our best efforts, a small number of the items in our catalog may be mispriced, or we may receive inaccurate insurance coverage information if you choose to make a purchase on this Site utilizing insurance coverage information. If the correct price of an item sold through the Site is higher than our stated price, or if the correct price is higher than our stated price due to inaccurate insurance coverage information, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not charge your credit or other card until after you place your order and we verify your subscription that you must upload during the checkout process.
The prices displayed for products on the Site represent the full retail price of the products themselves. Some offers represented on the Site may or may not be available at retail locations. The full retail price will be what to expect to see in store pre-discount and promotions. Online prices and selection generally match those in our stores, but may vary. Prices and offers are subject to change.
Paying for Your Order
You may pay for your orders with all major credit cards issued in the United States of America, including Health Savings Account (“HSA”) cards and Flexible Spending Account (“FSA”) cards. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card, in addition we also accept PayPal. Visionworks reserves the right not to sell to resellers. Credit cards are not charged until you place your order and we confirm your prescription.
You may pay for your orders with Visionworks gift cards, PayPal, or with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. Visionworks reserves the right not to sell to resellers. Generally, credit cards are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information.
Using Promotional Codes and Coupons
Promotional codes are debited at the time an order is placed. Promotional coupons will automatically be redeemed to purchase totals, up to the total purchase amount. Promotional codes and coupons must be used prior to their noted expiration date and within a single transaction. Coupons used at retail stores cannot be replaced if they are lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. For purchases on this Site you choose to make utilizing insurance coverage information, please be aware that retail promotions, offers and discounts cannot be combined with an insurance purchase, unless specifically allowed by the terms of any promotion, offer or discount. For more information, see the terms associated with the promotional codes and coupons.
Sales Tax Policy
Visionworks collects and remits sales tax as required by applicable U.S. and state law for transactions in our retail stores and on the Site. If you are an entity making a tax-exempt purchase, you must purchase items through our retail stores and present a completed exemption certificate to purchase the items exempt from sales tax. Tax-exempt status is not available for online orders through the Site unless applicable state law exempts the items for all customers, not just those with tax-exempt status.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All Online Orders with Prescriptions must be validated
All orders placed online must be verified by our customer service department. You must upload a prescription, email or fax or give us permission to contact your doctor to make sure that the prescription is valid, similar to our procedures at our stores. We are required by law to do this and most prescriptions should be validated the same day of order or first thing the next business day.
We have made every effort to display and describe as accurately as possible the products that appear on the Site. However, the appearance of certain characteristics of the products, such as color, will depend on your monitor and we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If any product offered by the Site is not as described, your sole remedy is to return it in unused condition.
All sales made through the Site or from one of our retail stores always have a Money-Back Satisfaction Guarantee: We guarantee you will be completely satisfied with your eyewear purchase. The lens prescription will be accurate, and your frames will look good and fit comfortably. Your purchase is backed by an unconditional 30 day money-back guarantee. If you are not completely satisfied with your purchase, let us know.
All orders placed on the Site are subject to product availability and will be shipped according to Visionworks' shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Reselling Products Prohibited
You are absolutely prohibited from reselling in any manner any products you purchase from the Site, whether you purchased the products through the website or by any other means.
- DISCLAIMER OF WARRANTIES
VISIONWORKS DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PRICING, EDITORIAL COMMENTARY OR ANY OTHER VISIONWORKS CONTENT ON THE SITE, REGARDLESS OF ITS SOURCE, IS ACCURATE, COMPLETE, RELIABLE OR CURRENT. THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT BY VISIONWORKS OF ANY PRODUCT, SERVICE OR MERCHANT. YOU SHOULD NOT RELY ON SUCH INFORMATION IN SITUATIONS WHERE ITS INACCURACY WOULD CAUSE YOU TO SUFFER ANY LOSS. VISIONWORKS ASSUMES NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN ITS SEARCH RESULTS, EDITORIAL CONTENT, USER RATINGS, PRODUCT RATINGS, OR OTHER CONTENT ON THE SITE.
ALL PRODUCTS, SERVICES, INFORMATION, DATA, PRICE QUOTES, INSURANCE COVERAGE INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. VISIONWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE. WITHOUT LIMITING THE FOREGOING, VISIONWORKS DOES NOT WARRANT OR REPRESENT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ITS SERVERS WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VISIONWORKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (I) MERCHANTABILITY OR SATISFACTORY QUALITY, (II) FITNESS FOR A PARTICULAR PURPOSE, (III) TITLE, AND (IV) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
THE SITE ALSO INCLUDES CONTENT AND SUBMISSIONS BY THIRD PARTIES AND USERS. FOR SUCH CONTENT, WE ARE DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHORS AND NOT US OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY OR RELIABILITY OF INFORMATION OR CONTENT PUBLISHED BY US. IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE.
- LIMITATIONS ON LIABILITY
IN NO EVENT SHALL VISIONWORKS, ITS AGENTS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PROMOTING, MAINTAINING, HOSTING, OR OTHERWISE MAKING AVAILABLE ANY USER CONTENT, VISIONWORKS CONTENT, TECHNOLOGY, OR OTHER ASPECT OF THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ASSOCIATED WITH: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, OR DATA, OR OTHER SUCH LOSSES; (II) YOUR INABILITY TO USE THE SITE, ANY UNAUTHORIZED USE OF THE SITE, OR ANY FUNCTION OF THE SITE OR FAILURE OF THE SITE TO FUNCTION; (III) THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE THOUGH THE SITE; (IV) ERRORS OR INACCURACIES IN THE USER CONTENT, VISIONWORKS CONTENT, TECHNOLOGY, OR ANY ADVERTISING OR OTHER INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS USED, VIEWED, OR OBTAINED THROUGH THE SITE; (V) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (VI) ANY PROPERTY LOSS INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS ENCOUNTERED DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY THIRD-PARTY WEBSITE LINKED TO THIS SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE, AND EVEN IF VISIONWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY PARTICULAR DAMAGES. TO THE EXTENT YOU ALLEGE OR ASSERT ANY DAMAGES ASSOCIATED WITH THE SITE WHICH ARE NOT EXCLUDED BY THE FOREGOING, THEN VISIONWORKS' LIABILITY (AND THAT OF ITS AGENTS, LICENSORS, OR SERVICE PROVIDERS) FOR SUCH DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VISIONWORKS, ITS AGENTS, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT, INCLUDING ANY WARRANTY YOU PROVIDE HEREIN, OR OTHERWISE RESULTING IN ANY WAY FROM YOUR USE OF THIS SITE, INCLUDING YOUR SUBMISSIONS.
- Copyright Complaints
Visionworks is committed to complying with U.S. copyright law. The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, Visionworks will remove or block access to the allegedly infringing material hosted by Visionworks. If you believe in good faith that a notice of copyright infringement has been wrongly filed, you may submit a counter-notification to Visionworks. Visionworks customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Visionworks' sole discretion. Visionworks will not be a party to disputes over alleged copyright infringement. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.
- Notification of Claimed Copyright Infringement
If you believe that a web page or other material hosted by Visionworks is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Visionworks' designated agent in the manner described below. Visionworks' agent designated to receive DMCA notifications may be contacted by email at the following address: WebMaster@visionworks.com. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees. For more details on the information required for valid DMCA notification, see 17 U.S.C. 512(c) (3).
- Counter-Notification Procedures
After receiving a notification of alleged infringement, Visionworks will remove or disable access to the material hosted by Visionworks that is claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Visionworks will provide the Internet service account holder(s) affected with a copy of the notice. Notified users may make a counter-notification pursuant to sections 512(g) (2) and (3) of the DMCA. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter-notification, notified users must provide a written communication with Visionworks designated agent in the manner described below. Visionworks' agent designated to receive DMCA counter-notifications may be contacted by email at the following address: WebMaster@visionworks.com. For your counter-notification to be valid under the DMCA, you must provide the following information:
1. Identify the material that Visionworks has removed or to which Visionworks has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
2. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or if your address is outside of the United States, the judicial district in which Visionworks is located (the Western District of Texas), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Visionworks. Upon receipt of a counter-notification in compliance with the DMCA, Visionworks will provide the person who provided the initial notification of claimed infringement with a copy of the counter-notification promptly. After receipt of the counter-notification, Visionworks will generally replace the removed material and cease disabling access to it, unless Visionworks' designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
- Governing Law; Disputes; Enforceability
These Terms and the relationship between you and Visionworks are governed by the laws of the State of Texas, USA (or applicable federal law), without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas, and waive any objections thereto. You further agree that any dispute arising from or related to your use of the Site must be brought exclusively in the state or federal courts located in Bexar County, Texas; unless a Texas mandatory venue statute applies to the dispute, in which case the Texas County of mandatory venue shall be the exclusive jurisdiction for such dispute. You expressly consent to the personal jurisdiction of such courts and waive all objections hereto. If any provision of this Agreement is determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect.
- Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically regarding a purchase or response to a question or comment or because you have chosen to receive promotional, legal or reminder emails about your contact lenses. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Visionworks may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of Visionworks or the sale of substantially all of Visionworks' assets related to the services being provided to you, to the surviving or successor entity with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of Visionworks.
- Term; Termination
The term of this Agreement shall commence upon your first use of the Site, and shall continue (i) as long as you or any persons given access by you retain access rights to the Site, or (ii) until Visionworks ceases to operate the Site or closes your User Account. Visionworks shall not have any ongoing obligation to provide the Site; thus, Visionworks may cease to operate the Site at any time and for any reason. Without limiting the foregoing, Visionworks may cease to provide your User Account in the event of: (i) any dispute or termination of Visionworks' relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that Visionworks, in its sole discretion, considers improper or unacceptable.
Visionworks reserves the right to limit the period of time during which Visionworks may make any User Content pertaining to you available on the Site. The Site should not be viewed as your backup, archival or storage service with respect to any User Content.
- Fraud and Insurance Fraud
Any person who knowingly and with intent to defraud and deceive any insurance company submits an insurance application or statement of claim containing any false, incomplete or misleading information may be subject to civil and/or criminal penalties, which may include the payment of restitution, fines, imprisonment, loss of insurance and/or denial of benefits, depending upon state law.
- In Arizona, for your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
- In California, any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
- In Florida, any person who knowingly and with intent to injure, defraud or deceive any insurer files a statement of claim or an insurance application containing any false, incomplete or misleading information is guilty of a felony of the third degree.
- In New Jersey, any person who includes any false or misleading information on an application for insurance is subject to criminal and civil penalties.
- In New York, any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
- In Kentucky, any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.
- In Minnesota, a person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
- In Pennsylvania, any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
- In Puerto Rico, any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation with the penalty of a fine of not less than $5,000 and not more than $10,000, or a fixed term of imprisonment for 3 years, or both penalties. Should aggravating circumstances be present, the penalty thus established may be increased to a maximum of 5 years, if extenuating circumstances are present, it may be reduced to a minimum of 2 years. Noncompliance will result in administrative fines. Failure to include this notice on the indicated forms shall not constitute a defense for the insured or the third party claimant.
- For Colorado, Maine, Tennessee, Virginia, Washington, & Washington, D.C. residents: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits, if false information materially related to a claim was provided by the applicant.
- Other Written Provisions
Your entry into this Agreement shall not affect any engagement letter or other written provisions and written agreements (collectively, 'Other Written Provisions') that may be operative between you and Visionworks, all of which shall remain in full force and effect according to their terms. With respect to your use of the Site, however, this Agreement shall govern in the event of any inconsistency between this Agreement and the Other Written Provisions.