Changes to the Program
We have the right to modify, restrict, limit, or change the Program in any way and
at any time. Changes may include but are not limited to: changing the participating
vendors; changing the specific details requirements or qualifications of a Discount
Offer; adding or removing Discount Offers; changing the duration of any Discount Offer;
and changing these Terms and Conditions. We will notify Cardholders of material changes
to the Program and/or to these Terms and Conditions by notice provided on the program
website at
https://www.vspsimplevalues.com
(the "Program Website") and you should check
the Program Website from time to time for such changes. We also reserve the right at
any time to suspend or cancel the Program. We also reserve the right to suspend or
cancel any Cardholder's enrollment in the Program without notice unless required by
applicable law including without limitation where we believe you are abusing or wrongfully
using the Program. Vendors may also suspend or cancel the ability of any Cardholder
to qualify for a discount for any transaction at that Merchant without notice unless
required by applicable law.
While enrolling in the Program on the Program Website each Cardholder will be required
to provide an email address and select a password that must be entered in order to access
the Program Website. The Cardholder will receive a confirmation message at time of
enrollment. The Cardholder is responsible for ensuring and protecting the security of
passwords and for any activity conducted at the Program Website through its email
addresses and associated passwords.
This site does not provide medical advice, nor recommend or endorse any of the health care
providers responding to inquiries submitted through the site. VSP and Competitive Health
do not evaluate whether any health care provider accessible through this site possesses
the education, experience, licensing requirements or competency to provide health care
required to meet your needs. VSP and Competitive Health do not recommend or endorse any
health care provider accessible through this site in any capacity. While this site matches
health care providers who have indicated an ability to assist you with your health care
needs, the selection of a health care provider and the evaluation of the provider’s ability
to fully and competently meet your needs is your decision for which you assume all
responsibility. Reliance on any information obtained from the use of this site or from
any of the health care providers accessed through this site is solely at your own risk.
The content of this site, including all text, graphics, images, information and other
material (“Content”) contained on the site, are intended for informational and educational
purposes only. The Content is not intended to be a substitute for professional medical
advice, diagnosis, or treatment. The Content is for general informational purposes only
and is not to be taken as medical advice or treatment information. While earnest effort
is made to the Content, any individual reliance on the Content is at your own risk.
Always seek the advice of your physician or other qualified health care provider with any
questions you may have regarding your medical condition. Never disregard professional medical
advice or delay seeking it because of something you’ve read on any website.
Communications with Program Participants
The Program Website will present information regarding current Discount Offers at the Vendor
Discount Offer web page.
By using the Program Website we may make electronic communications to you including through
emails and/or postings to the Program Website (and mobile-based communications such as
SMS messages if you opted-in to receive such mobile-based communications). All electronic
communications from us to you shall be deemed to be communications "in writing" and deemed
delivered to you no later than the earlier of the date actually received or five days from
the date of posting or dissemination.
By enrolling in the program, powered by Competitive Health, you
agree to advise us of any changes in Cardholder email address by updating your profile
on the Program Website. If you would like to retain a copy of these Terms and Conditions
please print a paper copy.
You may elect to receive information of a promotional nature about the Program via email
by indicating as such on the profile on the Program website or in connection with Program
enrollment. If you elect to receive such promotional information we may from time to time
send you promotional emails containing selected Discount Offers or other offers from
select vendors to your respective email address. If you would like to change your election
to receive these promotions at any time, please visit the Program Website to update your
profile or use the unsubscribe link or address contained within each promotional email.
In addition you may elect to receive mobile-based communications (such as SMS messaging)
related to your Program account and/or promotional messages by so indicating on the Cardholder
program profile page or in connection with Program enrollment. We will send mobile-based
messaging (Program-related and/or promotional in nature depending on the election) directly
to the mobile telephone number(s) you provide in connection with your election. To receive
these mobile-based communications you must maintain at your own cost a mobile telephone
capable of sending and receiving text messages. Standard text message rates apply to each
text message sent and received in connection with this feature. Please see your wireless
provider for pricing plan details. If you would like to change your election to receive
these mobile-based communications at any time please visit the Program Website to update
your profile or follow the unsubscribe information contained in each mobile-based message.
Please allow sufficient time for us to process your request.
Use of Content
The Content is protected by copyright under United States and foreign laws. Title to the
Content remains with Vision Service Plan, Competitive Health, or its licensors. VSP is a
registered trademark of Vision Service Plan. VSP authorizes you to view or download a
single copy of Content solely for your personal, noncommercial use. You may make a copy
of the Content solely for your personal, noncommercial use if you include the following
copyright notice: “Copyright ©2016 Vision Service Plan. All rights reserved. VSP is a
registered trademark of Vision Service Plan.” and other copyright and proprietary rights
notices that are contained in the Content on any such copy. You may not modify or
distribute the Content nor otherwise use or copy the Content, without the express written
permission of VSP.
Any use of the Content not expressly permitted by these Terms and Conditions of
Use is a breach of these Terms and Conditions of Use and may infringe on VSP’s or
its licensors’ copyright, or trademark rights, or violate other laws. If you use
any of the Content in a manner not expressly permitted, your permission to use the
Content automatically terminates and you must then destroy any copies (whether in
downloaded or tangible copy form) you have made of the Content.
Disclaimer of Liability of VSP Simple Values and Its Licensors
The use of the site and its Content is at your own risk. VSP and Competitive Health
do not guarantee the accuracy of the Content. VSP and Competitive Health disclaim all
liability or responsibility for injury or impairment experienced by you if you
utilize any of the health care providers accessed through this site.
When using the site, information is transmitted over the Internet, a medium which is
beyond the control of VSP and Competitive Health. Accordingly, we assume no liability
for or relating to the delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of this site.
The site and the Content are provided on an “as is” basis. VSP, Competitive Health
and its licensors, to the fullest extent permitted by law, disclaim all warranties,
either expressed or implied, statutory or otherwise, including but not limited to
the implied warranties of merchant ability, non-infringement of third party rights,
and fitness for a particular purpose.
In no event shall VSP , its affiliates or any of its directors officers employees
agents or subcontractors be liable under any theory of tort contract strict
liability or other legal theory for lost profits, lost revenues, lost business
opportunities, exemplary punitive, special incidental, indirect or consequential
damages each of which is hereby excluded by agreement of the parties regardless
of whether such damages were foreseeable or whether any party or any entity has
been advised of the possibility of such damages. VSP is not liable for any injury
damage or loss to person or property or any expense accident or inconvenience that
may arise from your participation to the Program or the use of products or
services purchased through Qualifying Purchases.
Specifically, VSP and Competitive Health make no representations or warranties
about the following:
-
The education, experience, licensing status or competency of any of the
health care providers responding to inquiries to provide the health care needed
to meet your needs.
-
The accuracy, reliability, completeness, currency, or timeliness of the
Content, software, text, graphics, links, or communications provided on or
through the use of a site.
-
The satisfaction of government regulations requiring disclosure of information
on medical services with regard to the Content contained on the site.
In no event will VSP and/or Competitive Health be liable for any damages (including,
without limitation, direct, indirect, incidental, special, consequential or
exemplary damages, damages arising from personal injury/wrongful death, and
damages resulting from lost profits, lost data or business interruption), resulting
from any services provided by any health care provider accessed through this site,
whether based on warranty, contract, tort, or any other legal theory and whether or
not VSP Simple Values is advised of the possibility of such damages.
In no event shall VSP and/or Competitive Health, its licensors, or any third
party(ies) mentioned on the site be liable for any damages (including, without
limitation, direct, indirect, incidental, special, consequential or exemplary damages,
damages arising from personal injury/wrongful death, and damages resulting from lost
profits, lost data or business interruption), resulting from the use or inability to
use the site or the Content, whether based on warranty, contract, tort, or any other
legal theory and whether or not VSP Simple Values is advised of the possibility of
such damages. VSP and/or Competitive Health are not liable for any personal injury,
including death, caused by the use or misuse of the site or the Content.
VSP and/or Competitive Health is not responsible for any error malfunction or
problem of any kind whether human mechanical typographical printing network or
electronic relating to or in connection with this Program including without
limitation errors malfunctions or problems which may occur in connection with
the administration of the Program the processing of Qualifying Purchases and/or
discounts or the presentation of Discount Offers. Persons found tampering with
or abusing any aspect of the Program as solely determined by Competitive Health,
Inc. will be removed from the Program and all associated Qualifying Purchases
and/or discounts will be cancelled and voided.
User Submissions
You agree that you will not upload or transmit any communications or content of any
type that infringes or violates any rights of any party. You agree that any such
submission is non-confidential for all purposes. If you make such submission, you
are warranting that the owner of such content has expressly granted a royalty free,
perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform, and
display the communication or Content in any media or medium, or any form or format
now known or hereafter developed.
Registration and Purchases
Registration on VSPSimpleValues.com is free for cardholders, health care
professionals, and services. Registration constitutes the creation of a Profile
by providing Registration Data to VSP Simple Values.
Indemnity
You agree to defend, indemnify, and hold harmless VSP and Competitive Health,
their officers, directors, employees, agents, licensers, and suppliers from
and against any claims, actions or demands, liabilities, and settlements,
including without limitation reasonable legal and accounting fees resulting
from or alleged to result from your violation of these Terms and Conditions
of Use.
International
VSP and/or Competitive Health make no claims that the Content is appropriate
or may be downloaded outside of the United States. Access to the Content may
not be legal by certain persons or in certain countries. If you access the
site from outside the United States, you do so at your own risk and you are
solely responsible for compliance with the laws of your jurisdiction.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with or in
any way relating to your use of the VSP Simple Values site, resides in the
Courts of State of California, and further agree and expressly consent to
the exercise of personal jurisdiction in the Courts of the State of California
in connection with any dispute including any claim involving VSP Simple Values,
VSP or Competitive Health and/or any affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and content
providers.
These Terms and Conditions are governed by the laws of the State of California,
without respect to its conflicts of law principles. If any provisions of these
Terms and Conditions are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in full
force and effect. No waiver of any of these Terms and Conditions shall be deemed
a further or continuing waiver of such term or condition or any other term or
condition.
Complete Agreement Except as Expressly Provided in a Particular “Legal Notice”
on the Site
These Terms and Conditions constitute the entire agreement between you and
VSP with respect to the use of the VSP Simple Values site and Content. Your
use of the site is also subject to the disclaimers and policies posted herewith.
Medical Disclaimer
All content posted on this site is commentary or opinion. This website is not
a website that gives or attempts to give medical advice. THIS WEB SITE IS NOT
DESIGNED TO, AND DOES NOT PROVIDE MEDICAL ADVICE. The information on this site
is provided for educational and entertainment purposes only. It is not intended
as a substitute for professional advice of any kind.
VSP and/or Competitive Health assume no responsibility for the use or misuse
of this material.
Website Disclaimer
VSP and/or Competitive Health make no representations about the suitability
of the information contained on this web site for any purpose. This web site
and all of the information it contains is provided “as is” without warranty of
any kind whether express or implied. All implied warranties, including, without
limitation, implied warranties of merchantability, fitness for a particular purpose,
and non-infringement, are hereby expressly disclaimed. In no event shall VSP
and/or Competitive Health be liable to any person or business entity for any
special, direct, indirect, punitive, incidental or consequential damages arising
out of or in connection with the use of this web site or any other web site to
which this site is linked, including, without limitation, any lost profits,
business interruption, or loss of programs or information even if VSP and/or
Competitive Health have been specifically advised of the possibility of such
damages whether based on contract, tort, strict liability or otherwise. Because
some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
Content Disclaimer
VSP and/or Competitive Health shall not be responsible for any errors or omissions
contained in this web site and reserve the right to make changes without notice.
User therefore acknowledges and accepts that the information published on this
web site may include technical inaccuracies or typographical errors.
License Disclaimer
Nothing on this web site shall be construed as conferring any license under any
of VSP and/or Competitive Health or any third party’s intellectual property
rights, whether by estoppels, implication, or otherwise.
Links to Third Party Sites
The hypertext links on this web site will allow you to leave this web site.
The links are provided as a service to users and are not sponsored by or
affiliated with VSP, Competitive Health or this web site or under the control
of VSP and Competitive Health. The links are to be accessed at the user’s own
risk, and VSP and Competitive Health and the authors of this web site make no
representation or warranties about the content of these links. VSP and
Competitive Health are not responsible for the content of any linked site or
any link contained in a linked site. VSP and Competitive Health are providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by VSP or Competitive Health.
Privacy
All information collected about Cardholders using the Program Website is
subject to the VSP Simple Values site’s privacy policy which can be found
at
https://www.vspsimplevalues.com/privacypolicy.aspx
VSP and Competitive Health, Inc. may share aggregated information about
cardholders enrolled in the Program; provided however that the information
shared will not personally identify any cardholder.
As a part of the Program transaction information will be shared between the
participating vendors, VSP and Competitive Health (and/or their respective
service providers) in order to generally make the Program available to you.
In addition, certain information about your clickstream activity and additional
transaction information may be shared between the vendors, Competitive Health
and VSP on either an aggregate (non-personally identifiable) or a personally
identifiable basis and such information will be subject to each party's
respective privacy policies and practices.