Please read and understand carefully as these Terms of Use affect your legal rights.

By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these Terms of Use are posted or referenced (collectively, the “Sites”), you are entering into a binding agreement (“Agreement”) with Visionworks of America, Inc. (“Visionworks”, “we” or “us”) which controls and operates the Sites from its headquarters located at 19100 Ridgewood Parkway, Building 1, 7th Floor, San Antonio, TX 78259.

By accessing or using the sites or otherwise signifying your acceptance of these terms of use, you represent and warrant that (a) you are authorized to enter this Agreement, and are doing so (for yourself and any party you represent), (b) you can legally enter into this agreement, and (c) you agree to access the information provided through the Sites in compliance with any applicable laws.

YOUR AGREEMENT TO THESE TERMS OF USE INCLUDES, BUT IS NOT LIMITED TO, CONDUCTING THIS TRANSACTION ELECTRONICALLY AND ACCEPTING THE LIMITATIONS ON DAMAGES AND LIMITATIONS ON VISIONWORKS LIABILITY, THE REQUIREMENT THAT ALL DISPUTES BETWEEN YOU AND VISIONWORKS AND ITS AFFILIATES AND SUBSIDIARIES REGARDING THIS AGREEMENT OR YOUR USE OF THE SITES BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, A CLASS ACTION WAIVER, JURY TRIAL WAIVER, A CHOICE OF TEXAS LAW EXCEPT AS OTHERWISE PROVIDED HEREIN. In arbitration, there is less discovery and appellate review than in court. Please read these provisions carefully as they affect your legal rights. You acknowledge that you have read and agree to be bound by this Agreement and to comply with all applicable laws, regulations, and/or rules with regard to your access and use of the Sites.

Please also review the Visionworks Privacy Statement (https://www.visionworks.com/privacy-statement) (the "Privacy Statement") which describes how we collect, use, and share information. By entering into this Agreement, you also understand and agree this Agreement will govern any disputes arising out of or related to our Privacy Statement.

From time to time, Visionworks may update the Sites and this Agreement (however, we will not make any changes that apply retroactively). If we make material changes to the terms, we will notify you by reasonable means. You understand and agree to periodically review this Agreement posted on this Site for any changes. Your continued access or use of this Site after Visionworks posts changes to this Agreement constitutes your agreement to those changes effective immediately. Visionworks may, in its sole discretion, and at any time, discontinue the Sites, with or without notice, or may prevent your use of the Sites with or without notice to you.

YOU MAY NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS OR USE TO THE SITES MAY BE TERMINATED IMMEDIATELY IN VISIONWORKS’ SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.

Purpose of the Sites

The Sites provide 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, but not limited to, high-quality eyeglasses, designer eyeglass frames, brand name prescription sunglasses, children's eyeglasses, contact lenses, reading glasses, and specialty lenses. By using the Sites, you acknowledge that Visionworks disclaims any responsibility for or liability related to your use of the Sites (see DISCLAIMER OF WARRANTIES below).

No Provision of Medical Advice or Services

Under no circumstances should any information on the Sites 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. 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 the Sites 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 the Sites. We encourage you to check the Sites from time-to-time for updates to the list of insurance providers that Visionworks is able to utilize in purchases made on the Sites.

DISPUTE RESOLUTION (INCLUDING INFORMAL DISPUTE RESOLUTION; BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER)

Please read this section carefully —it significantly affects your legal rights, including your right to file a lawsuit in court.

You and Visionworks agree that most disputes that arise between us and that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions as set forth below. Arbitration is less formal than a lawsuit in court, uses a single neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited. This section also includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of this Agreement and your relationship with Visionworks. It is Visionworks’s goal that we meet your expectations; however, there may be instances when you have a problem or dispute that needs special attention. In those instances, Visionworks is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem, claim, or dispute that you may have with or against Visionworks (a “Dispute,” as defined below), you acknowledge and agree that you will first give Visionworks an opportunity to informally resolve your Dispute as set forth below in this section. Visionworks agrees that it will do the same as to any Dispute that it might have with you. “Dispute” shall be interpreted broadly and shall include any dispute, claim or controversy between you and Visionworks, its affiliates and subsidiaries arising out of or relating to this Agreement, your access or use of the Sites, your use of any products or services sold through the Sites or your relationship with Visionworks whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall include: (a) any dispute or claim that arose before the existence of this or any prior Agreement (including any claims related to advertising); (b) any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in this Agreement and (b) issues that relate to the validity and enforceability of the arbitration agreement. This Agreement and the arbitration agreement do not prevent you from bringing a Dispute to the attention of a government agency.

  1. Mandatory Informal Dispute Resolution Process

    Before submitting a demand for arbitration in accordance with the provisions set forth in this section, if either you or Visionworks has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute ("Notice"). If you have a Dispute with Visionworks, you agree to provide Visionworks with the Notice by sending the Notice by certified mail to the following address: Visionworks, Attn: Legal Department, 19100 Ridgewood Parkway, Building 1, 7th Floor, San Antonio, TX 78259, or in accordance with the Notice provisions of this Agreement. If we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. A Notice must include all of the following: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient for Visionworks or you to identify any relevant transactions, accounts, or experiences; and (e) the party’s mailing address, email address, and a phone number. Any Notice that you submit must be signed by you and any Notice that Visionworks submits must be signed by a Visionworks representative. If you want Visionworks to speak with your representative, please also provide Visionworks with a signed authorization to do so.

    During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with counsel if represented) if Visionworks makes such a request, and we agree to have a Visionworks representative personally attend any such conference (along with counsel if represented) if you make such a request. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and we agree to the further dispute resolution provisions below. Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration. Any applicable limitations period (including statutes of limitations) will be tolled for 60 days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of arbitration and the assessment and collection of arbitration fees. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then any arbitration shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process in arbitration. You or Visionworks may commence arbitration if the Dispute is not resolved through this process.

  2. Agreement to Binding Individual Arbitration.

    You and Visionworks agree that subject to the limited exceptions set forth in this Agreement, the sole and exclusive forum for any and all Disputes between you and Visionworks shall be final and binding individual arbitration.

  3. Exception —Small Claims Court.

    Notwithstanding the foregoing, either party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.

  4. Arbitration Procedures.

    You and Visionworks acknowledge that this section of the Agreement affects interstate commerce and that the Federal Arbitration Act ("FAA") and federal arbitration law (and not state arbitration law) apply (despite any other choice of law provision).

    Arbitration under this Agreement shall be administered by the American Arbitration Association (the "AAA") in accordance with the then-current AAA Consumer Arbitration Rules (including applicable AAA Supplementary Rules), which are available at https://www.adr.org/Rules or by calling 1-800-778-7879, as modified by this Agreement. You and we understand that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an administrator that shall do so. The applicable AAA rules will govern the payment of AAA fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to reimburse them so long as your claim is not held by an arbitrator to be frivolous or brought for an improper purpose. You and Visionworks agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Visionworks may elect to negotiate with the AAA regarding arbitration fees, and you and we agree to work together in good faith to ensure that arbitration remains cost-effective for all parties. The arbitration demand must be signed by either (a) the claimant if the claimant is unrepresented, or (b) the claimant’s attorney if the claimant is represented. By signing the arbitration demand, the claimant, or the claimant’s attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all parties and counsel.

    The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.

    The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the location where the arbitration will take place. Any in-person hearing will be conducted in the county or city in which you reside or at another location that is reasonably convenient for you. You may choose to have the arbitration conducted by a phone, telephonic, or video hearing, or solely through written submissions, except that any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and Visionworks reserve the right to request a hearing in any matter from the arbitrator. You and a Visionworks representative shall appear at any hearing (with counsel if represented). Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The parties also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

    The arbitrator may not award relief to anyone who is not a party to the proceeding. The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 shall be applied by the arbitrator after entry of an award. The arbitrator shall be bound by this Agreement as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or proceeding to which you are not a named party. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except that an award that has been satisfied may not be entered.

  5. Additional Procedures for Mass Arbitration Filings.

    If twenty-five (25) or more claimants (including you) submit Notices or seek to initiate arbitrations raising similar claims against Visionworks and are represented by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you agree that these additional procedures shall apply. The parties agree that as part of these procedures, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated through arbitration, and conserve the parties’ and the AAA’s resources. If you elect to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

    1. Stage One.

      If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Visionworks shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually as part of Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of staged proceedings, counsel for the parties shall participate in a global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Visionworks shall pay the mediator’s fee.

    2. Stage Two.

      If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Visionworks shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of this second staged process. The number of Disputes to be selected to proceed in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually as part of Stage Two). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless counsel for the parties agree otherwise and shall proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, counsel for the parties shall participate in a second global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Visionworks shall again pay the mediator’s fee.

    Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

    The Additional Procedures for Mass Arbitration Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

  6. Future Changes to Arbitration Agreement.

    If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address by certified mail within 30 days of the change: Visionworks, Attn: Legal Department, 19100 Ridgewood Parkway, Building 1, 7th Floor, San Antonio, TX 78259. Such written notice does not constitute an opt out of arbitration altogether. By rejecting a future change, you are agreeing that you will arbitrate any Dispute as between you and Visionworks in accordance with this version of the arbitration agreement.

  7. CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

    You and Visionworks each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

    To the fullest extent permitted by law, you and Visionworks waive the right to a jury trial.

Lawful Use; Use by Minors

Your access to and use of the Sites is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Sites in any manner or for any purposes that are unlawful or prohibited by this Agreement. The Sites is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Sites, 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 Sites. 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 Sites 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 AND RESPONSIBLE USE OF THE SITES

By contributing or submitting any content to the Sites (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 Sites, 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 Sites 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.

You may only use the Sites and User Content for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party.

You may not upload or otherwise distribute or facilitate the distribution of a software virus or any other computer code designed or intended to disrupt, damage, or limit the functioning of the Sites, or to obtain unauthorized access to the Sites or User Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites.

You are prohibited from using the Sites to compromise the security or gain unauthorized access to, the Sites, User Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g. malware, or network probing tools) is strictly prohibited. If Visionworks has reason to believe that you are involved in any violation of systems security, Visionworks reserves the right to release your details to law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

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 Sites, 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 Sites 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 Sites 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 the Sites, you may not:

  • Resell or commercially use the Sites or its contents;
  • Download or copy any account information for the benefit of another merchant or other person or entity;
  • Delete or revise any material or other information of ours or any other user;
  • Harvest or otherwise collect information about others, including email messages, without their consent;
  • Collect or otherwise use any data located on the Sites for litigation or legislative purposes;
  • Take any action that imposes an unreasonable or disproportionately large load on the Sites’ infrastructure;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites; Use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Sites 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.

Your Order

  1. Pricing

    Online: 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 Sites represent the full retail price of the products themselves, minus any offers that are available online. If you choose to make a purchase on the Sites 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 the Sites utilizing insurance coverage information. If the correct price of an item sold through the Sites 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.

    Retail Stores: The prices displayed for products on the Sites represent the full retail price of the products themselves. Some offers represented on the Sites 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.

  2. Paying for Your Order

    Online: 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.

    Retail Stores: You may pay for your orders with 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.

  3. 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 Sites 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.

  4. 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 Sites. 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 Sites unless applicable state law exempts the items for all customers, not just those with tax-exempt status.

  5. 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.

  6. Order Acceptance/Confirmation

    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 Sites reserves the right at any time after receipt of your order to accept or decline your order for any reason.

  7. 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.

  8. Product Descriptions

    We have made every effort to display and describe as accurately as possible the products that appear on the Sites. 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 Sites is not as described, your sole remedy is to return it in unused condition.

  9. Return Policy

    All sales made through the Sites 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 100 day money-back guarantee. If you are not completely satisfied with your purchase, let us know.

  10. Shipping

    All orders placed on the Sites 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.

  11. Risk of Loss

    All items purchased from the Sites 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.

  12. Reselling Products Prohibited

    You are absolutely prohibited from reselling in any manner any products you purchase from the Sites, whether you purchased the products through the Sites 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 SITES, REGARDLESS OF ITS SOURCE, IS ACCURATE, COMPLETE, RELIABLE OR CURRENT. THE SITES 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 SITES.

ALL PRODUCTS, SERVICES, INFORMATION, DATA, PRICE QUOTES, INSURANCE COVERAGE INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITES 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 SITES. WITHOUT LIMITING THE FOREGOING, VISIONWORKS DOES NOT WARRANT OR REPRESENT THAT THE SITES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES 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 SITES 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 SITES.

LIMITATIONS ON LIABILITY

IN NO EVENT SHALL VISIONWORKS, ITS AFFILIATES OR SUBSIDIARIES, AND ITS AND THEIR 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 SITES, 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 SITES, ANY UNAUTHORIZED USE OF THE SITES, OR ANY FUNCTION OF THE SITES OR FAILURE OF THE SITES TO FUNCTION; (III) THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE THOUGH THE SITES; (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 SITES; (V) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITES; 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 THE SITES OR ANY THIRD-PARTY WEBSITE LINKED TO THE SITES. 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 SITES 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).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF VISIONWORKS’ NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VISIONWORKS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR 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 THE SITES, INCLUDING YOUR SUBMISSIONS OF USER CONTENT.

  1. 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 Sites, with enough detail that we may find it on the Sites;
    • 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).

  2. 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:

    • 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.
    • 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.
    • 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."
    • 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.

    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).

Governing Law

BY USING THE SITES, YOU AGREE THAT THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITES, THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND VISIONWORKS, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN TEXAS. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.

Electronic Communications

When you visit the Sites 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 Sites. 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.

Communications Opt-out

You may request to be removed from any of our email lists by clicking on an unsubscribe link provided on our emails and following the related instructions; or texting "STOP" in response to a text message.

When you provide Visionworks a phone number, we will send you transactional and healthcare related SMS messaging related to your eyecare.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 3 promotional messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to customerservice@visionworks.com.

Assignability

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 Sites, and shall continue (i) as long as you or any persons given access by you retain access rights to the Sites, (ii) until Visionworks ceases to operate the Sites; (iii) the termination of your User Account; or (iv) Visionworks terminates of your right to access the Sites. Visionworks shall not have any ongoing obligation to provide the Sites; thus, Visionworks may cease to operate the Sites at any time and for any reason without notice. Without limiting the foregoing, Visionworks may cease to provide your User Account or terminate your use of the Sites 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 violates the terms of this Agreement or that Visionworks, in its sole discretion, considers improper or unacceptable. You may terminate your User Account for any reason or no reason. Termination, cancellation or suspension of your User Account or your access rights to the Sites shall not affect any rights or relief to which Visionworks is entitled at law or in equity. Upon any such termination, all rights granted to you shall immediately and automatically terminate and revert back to Visionworks and any of its licensors. If this Agreement or your permission to use the Sites is terminated by Visionworks for any reason, the terms of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Sites and anything relating to or arising from such use. If you are dissatisfied with the Sites or with this Agreement or the Privacy Statement, then your sole and exclusive remedy is to discontinue using the Sites. Sections 2-23 of this Agreement shall survive any termination, cancellation or suspension described in this section.

Visionworks reserves the right to limit the period of time during which Visionworks may make any User Content pertaining to you available on the Sites. The Sites should not be viewed as your backup, archival or storage service with respect to any User Content.

Privacy Statement

When you access or use the Sites, Visionworks may obtain information from or about you. Any information we obtain about you will be used in accordance with our Privacy Statement posted on the Sites and also accessible here https://www.visionworks.com/privacy-statement. Visionworks may update its Privacy Statement from time to time, so you should be sure to review the Privacy Statement posted on the Sites prior to using the Sites. By accessing or using the Sites, you acknowledge, agree and consent to the information collection and use practices described in the Privacy Statement. This Agreement and Visionworks' Privacy Statement constitute the entire Agreement and supersede any other agreements or understandings (oral or written) between you and Visionworks with respect to their subject matters.

Fraud and Insurance Fraud

Any data that you provide to Visionworks using the Sites is subject to the Privacy Statement that is posted on the Sites and in effect at the time such data is provided. Visionworks may update its Privacy Statement from time to time, so you should be sure to review the Privacy Statement posted on the Sites prior to providing any information to Visionworks using the Sites. This Agreement and Visionworks' Privacy Statement (which is incorporated herein by reference) constitute the entire Agreement and supersede any other agreements or understandings (oral or written) between you and Visionworks with respect to their subject matters.

  • 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 Sites, however, this Agreement shall govern in the event of any inconsistency between this Agreement and the Other Written Provisions.

CONTACT US

If you have any questions about this Agreement, you may contact us by email at privacy@visionworks.com.