THE WEBSITES AND RELATED SERVICES OF VISION SERVICE PLAN AND ITS AFFILIATES (COLLECTIVELY, “VSP®”) ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF USE SET FORTH BELOW (“TOUs”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOU AGREE TO BE BOUND BY THESE TOUs. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOUs, PROMPTLY EXIT THIS WEBSITE.
1. RESTRICTIONS ON USE. All pages and content within this website and any material made available for download (collectively the “Site”) are the property of VSP. The content and information on this Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. No portion of this Site may be copied, reproduced, altered, modified, used to create derivative works, publicly displayed, or distributed in any form (except for your own personal, non-commercial use) without the prior express written permission of VSP. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these TOUs or any applicable end user license agreements are reserved by VSP.
2. COPYRIGHT AND TRADEMARKS. All content on the Site, including without limitation the text, graphics, images, URLs, script, service marks, trademarks and logos, are the property of VSP or its content suppliers and business affiliates and is protected under the copyright, trademark, and other laws of the United States. Nothing on the Site grants you any right or license to use any of the content on the Site without the express written permission of VSP. Except as may be explicitly permitted on the Site, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Site unless you first obtain VSP’s written permission.
3. REGISTRATION. You may choose to register and sign on to the Site to access otherwise restricted content, information or services. You agree to be responsible for all activities performed through the use of your sign on credentials. While registering or using the Site you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration forms (such information being “Your Data”), (b) maintain and promptly update the Your Data to keep it true, accurate, current and complete, and (c) safeguard your password and not disclose or allow the disclosure of your password to unauthorized persons. You are responsible for keeping your Password confidential and protecting it against improper and unauthorized use. Further, You are solely responsible for timely updating and changing and maintaining the confidentiality of your account password and login information to ensure the security of your account. Carefully protect access to your account. We recommend that you alone retain access to your account. You are also solely responsible for restricting access to any information system used to access this Site. You are solely responsible for any and all transactions, entries or instructions initiated by or through the use of a Password, and any and all claims, losses, damages, expenses, and costs incurred by the improper or unauthorized use of a Password and/or the use of a Password by any person. You must notify VSP immediately if you believe that a Password has been lost or stolen, that an unauthorized person has improperly accessed an Account without permission, or that the security of a Password has been compromised in any way. If you provide any information that is untrue, inaccurate, not current or incomplete, or VSP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VSP shall have the right to suspend or terminate your account and refuse you access to any and all current or future restricted content, information or services (or any portion thereof). Inactive accounts may be deleted after 120 days of inactivity. If your account is deleted due to inactivity, please re-register to obtain access. By providing your email address or by using this Site, You consent to receiving electronic communications from VSP regarding this Site. If you want to discontinue receiving these email communications, you must contact VSP. You hereby represent and warrant that you are the owner of the email address and that you are the only person who views emails delivered to the email address. VSP reserves the right to delete your account and/or suspend or terminate access to this Site, without notice, at any time and for any reason. VSP may attempt to provide prior notice of discontinuance, suspension or termination of this Site by posting on VSP website or otherwise sending electronic notice. However, VSP has no liability for failing to provide such prior notice for any reason.
4. CONTENT. VSP reserves the right at any time to modify or discontinue, temporarily or permanently, the content, information or services available on or through the Site (or any part thereof) with or without notice. Although VSP attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site, or content or information that is referenced or linked to this Site, by third parties. In the event that an inaccuracy arises, please inform VSP (questions@vspglobal.com) so that it can be corrected if and when VSP deems it appropriate. Information contained on the Site may be changed or updated without notice. Health information content appearing on this Site, is not intended as, and shall not be received or construed as patient-specific advice or a substitute for patient-specific advice. We do not guarantee continuous, uninterrupted, or secure access to the Site. Operation of the Site may be interfered with by numerous factors outside of VSP control. VSP, its affiliates and subsidiaries, as well as its agents, suppliers, and subcontractors are not responsible for delays in or unavailability of the Site.
5. PRIVACY. VSP respects your privacy. Any personal information collected from you will be subject to and governed by our privacy policy, which may be viewed at https://www.vsp.com/privacy.html. VSP reserves the right to modify its privacy policy in its reasonable discretion from time to time. You understand that through your use of the Site, you consent to the collection, use and disclosure of information, as permitted by our Privacy Policy. In the event of a discrepancy between the Terms and Conditions of the linked accounts and this Site, any advertising or other collateral material, these Terms and Conditions constitute the entire agreement between you and VSP regarding this Site.
6. LINKS OR POINTERS TO OTHER WEBSITES. VSP makes no representations whatsoever about any other website that you may access through this Site. Links to content or information outside of this Site are provided as a convenience, and may be disabled or removed at any time. When you access a non-VSP website, please understand that it is independent from VSP, and that VSP has no control over the content or the privacy practices of that website. In addition, a hyperlink to a non-VSP website does not mean that VSP endorses or accepts any responsibility for the content, or the use, of the linked website; and any views or opinions expressed in such linked content or information does not necessarily reflect any views or opinions of the staff or management of VSP. Links to such documents do not in any way suggest VSP's endorsement of any product or service specified therein. Links to content or information outside of this Site may be found to contain offensive material or may further link to websites that may contain offensive material. Likewise, it is up to you to take precautions to ensure that whatever you select for your use or download from such websites is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. VSP does not control or maintain third-party websites and VSP does not endorse and is not responsible for the privacy practices or content of third-party websites. You should carefully review the privacy policy of these sites to understand how they collect and use the information on their sites.
7. INTERFERENCE WITH WEBSITE OPERATIONS. You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy Site content or information for any purpose without our prior express written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site, nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
8. UNLAWFUL, UNAUTHORIZED OR PROHIBITED USE. As a condition of your use of this Site, you warrant to VSP that you will not use the Site for any purpose that is unlawful, unauthorized or prohibited by these TOUs. Illegal or unauthorized use of the Site includes, but is not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site. Likewise, it shall be a violation of these TOUs for any individual (or group of individuals acting in concert) to request, more than 100 pages of content from the Site in any twenty-four hour period.
9. ACCESSIBILITY. Every effort is being made to ensure that this Site is accessible to all users whether they use graphical browsers, text browsers or assistive technologies. It has been designed to meet many aspects of current accessibility standards, such as those defined by Section 508 of the U.S. Rehabilitation Act (29 U.S.C. 794d) and the W3C's Web Content Accessibility Guidelines.
10. EQUITABLE RELIEF AND LIQUIDATED DAMAGES. Violation(s) of these TOUs may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You understand and agree that in VSP's sole discretion, and without prior notice, VSP may terminate your access to the Site, remove any unauthorized content or exercise any other legal or equitable remedy available, if VSP believes that your conduct or the conduct of any person with whom VSP believes you act in concert, or the content you or they provide, violates or is inconsistent with these TOUs or the law, or violates the rights of VSP or another user of the Site. You agree that monetary damages may be difficult to prove and may not provide a sufficient remedy to VSP for violations of these TOUs. Accordingly, you consent to and agree that injunctive or other equitable relief is warranted for such violations, and that you and any person with whom you act in concert may be held jointly and severally liable for damages, fees and costs relating to such violations. The failure of VSP to comply with these Terms and Conditions because of an Act of God, war, fire, riot, terrorism, earthquake, cyber-attack, pandemic or epidemic, state, local or national emergency, actions of federal, state, or local governmental or regulatory authorities or for any other reason beyond its reasonable control will not be deemed a breach of these Terms and Conditions. If VSP fails to act with respect to your breach or anyone else's breach of these Terms and Conditions on any occasion, VSP does not waive its rights to act with respect to future of similar breaches.
11. WAIVER. The failure of VSP to exercise or enforce any right or provision of these TOUs shall not constitute a waiver of such right or provision.
12. DISCLAIMER OF WARRANTIES. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS-IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITE.
13. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL VSP, ITS PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE RESPONSIBLE OR LIABLE TO YOU, ANY OTHER SITE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE CONTENT OR INFORMATION POSTED TO THIS SITE, THE DESIGN FUNCTIONALITY OR USE OF THE SITE, THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY OTHER USER OF THE SITE, THE INABILITY TO GAIN ACCESS TO OR USE THE SITE OR ANY PART THEREOF, ANY SITE-RELATED SERVICES, ANY LINKED WEBSITES OR MATERIALS, OR OUT OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED.
14. INDEMNITY. You agree to indemnify and hold VSP, its affiliates, partners, attorneys, staff, and each of its and their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the content or services on this Site, breach of these TOUs, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by VSP.
15. CHOICE OF LAW, VENUE AND ATTORNEY’S FEES. These TOUs are entered into in and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these TOUs submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Sacramento in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these TOUs, the prevailing party will be entitled to reasonable costs, expert witness’ fees and attorney's fees. In the event that any of the TOUs are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these TOUs shall otherwise remain in full force and effect.
16. SEVERABILITY OF CLAUSES. If any provision of these TOUs is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these TOUs remain in full force and effect. Subheadings used in these TOUs are not to be used to construe or interpret the terms thereunder.
17. NO AGENCY. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms and Conditions.
18. ENTIRE AGREEMENT. These TOUs, and any other terms incorporated by reference hereto, constitute the entire agreement between you and VSP, and govern your use of the Site, its content, information and related services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain VSP goods or services, or third-party content, goods or services. In its sole discretion, VSP may modify these TOUs by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.
19. FEDERAL/STATE/HEALTHCARE PROGRAM EXCLUSIONS. Federal anti-kickback law provides for criminal and/or civil liability for inducements related to any product for which payment may be made by a federal healthcare program or federally funded state healthcare programs, including Medicaid and Medicare (collectively, “Federally Funded Programs”). Some states have similar anti-kickback laws and regulations (“State Laws”). Any item or service for which payment may be made, in whole or in part, directly or indirectly, by any Federal health care program (including Federally Funded Programs) or State health care program (including State Funded Programs), or otherwise prohibited by federal or State Laws or regulations, shall not qualify and is not eligible for inclusion and/or participation in any promotion offered by VSP, its affiliates or subsidiaries. It is the policy of VSP, its affiliates and subsidiaries, to comply with all applicable laws. However, VSP has no way of knowing whether any specific transaction will be covered by the applicable federal and/or state law(s) and regulation(s). Nor does VSP have any way of knowing whether any specific transaction will be paid for, in whole or in part, directly or indirectly, by any Federal health care program (including Federally Funded Programs) or State health care program (including State Funded Programs). Accordingly, it is Your sole responsibility to determine if a transaction is eligible for participation in this Program and its promotions and to promptly notify VSP of any transactions that should be excluded.
20. ADDITIONAL INFORMATION. This Web site is owned and operated by Vision Service Plan (VSP). Additional information regarding these TOUs may be requested by writing to Vision Service Plan, Attn: Office of the General Counsel, 3333 Quality Drive, Rancho Cordova, CA, 95670.