GENERAL TERMS AND CONDITIONS OF USE
Thank you for visiting the www.unitedvisionplan.com, and any other website that we operate (to which we refer herein, together with its sub-domains, content and services, as the “Site”). We offer subscription-based vision benefit plans. United Vision Plan, Inc. is not an insurance company or a medical discount plan, and we do not collect insurance premiums or manage or process health insurance claims. Moreover, the services and benefits provided under the United Vision Plan (“UVP”) are not insurance or a health insurance policy. We offer a large selection of designer and private label frames, along with a wide selection of lenses and coatings (including multi-focal, prescription sunglasses, digital-block, high-index lenses, etc.). By accessing our Site and/or by clicking the "I Agree" or "OK" button, you expressly acknowledge and agree that you are entering into a legal agreement with United Vision Plans, Inc., and have understood and agree to comply with, and be legally bound by, these General Terms and Conditions of Use (“Terms and Conditions”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms and Conditions, please do not access or make any use of our Site.
We reserve the right, at our discretion, to modify these Terms and Conditions at any time and from time to time. Such change will be effective 10 days following the posting of the revised Terms and Conditions on the Site, and your continued access or use of the Site thereafter means your acceptance of any such changes to these Terms and Conditions.
2. ABILITY TO ACCEPT TERMS
Our Site is not structured to attract children under the age of 13 years. If you are under 13 years of age, please do not visit or use the Site. If you are between 13 and 18 years old, then you must review these Terms and Conditions with your parent or guardian before visiting or using our Site to make sure that you and your parent or guardian understand these Terms and Conditions and agree to them.
3. CUSTOMER ACCOUNT
In order to use our Site's services, you will be required to create an account (“Account”). In order to create an Account, you will be asked to provide us with the following mandatory information: full name and email address. You may also be asked to provide us with additional means of identification, such as your social security number, password, or unique ID. You may view or edit your Account information via the “My Account” page. You agree to provide accurate and complete personal information as required in your Account and through the order process (“Account Information”), and to keep the Account Information current, accurate and complete.
You agree not to use the Account of another without their permission. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secured. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to us at email@example.com. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right to suspend or terminate your Account and refuse your use of the Site, including, but not limited to, sales resulting from the site.
5. USER SUBMISSIONS
Our Site permits the hosting, sharing, posting, and publishing of content by you and other users (collectively, "User Submissions"). Your User Submissions may be posted to our Site, used to send commercial marketing materials to you, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions, and we reserve the right, without further notice to you, to monitor, censor, edit, remove, delete, and/or rmove any and all User Submissions at any time and for any reason.
7. CUSTOMER CONDUCT; OWNERSHIP
The (i) content on our Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); (ii) User Submissions (together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained on our Site (collectively, the “Marks”) are our property and/or our licensors’ property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name UVP, United Vision Plan, UnitedVisionPlan.com, the UVP logo or any other graphics or services terms or names that are our Marks or our affiliates' Marks on any website without our express prior written consent.
You acknowledge that all Content is copyrighted as a collective work under applicable law, including, without limitation, the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that (a) the copies are made only for your personal, information and non-commercial use, (b) you do not alter or modify the Content in any way, and (c) maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using our Site. You shall not: (i) copy, distribute or modify any part of our Site without our express prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Site; (4) use or launch any automated system (including without limitation, "robots", "spiders", or otherwise) to access our Site; (5) parse any content within our Site or copying any source code for the purpose of mimicking the look and feel of our Site; and/or (6) circumvent, disable or otherwise interfere with security-related features of our Site or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Site.
8. PRODUCT DESCRIPTIONS
We have made every effort so that our Site displays the dimensions and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor. 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 a product offered by our Site is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy (as described within our “Catalog Order Policy” below at Section
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT AND WILL NOT ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES OF ANY KIND OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS AND CONDITIONS OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUT SITE, OR THAT ARE RELATED TO THE PURCHASE OF GOODS OR SERVICES FROM OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES.
10. OTHER RIGHTS
We reserve the right to monitor areas of our Site electronically and may at our sole discretion use and/or disclose any data or communication of any kind. We may terminate or suspend your Account and your accessibility to all or part of our Site, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
As customer service is the most important aspect of our business, we reserve the right to deny your order of any product or service if it is apparent that you intend to resell the products. In addition, we reserve the right to limit quantities of items ordered by each customer to protect us to these ends.
11. TERMINATION OF TERMS
These Terms and Conditions are effective until terminated by either party with no prior written notice. If you no longer agree to these Terms and Conditions, you must stop your use of and visit to our Site. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Site.
12. WARRANTY DISCLAIMERS
This section applies whether or not the services provided under our Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT OUR SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OUR SITE BY A THIRD PARTY.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
WE DO NOT AND WILL NOT ACCEPT LIABILITY IN CASES WHERE CUSTOMERS PROVIDE US WITH PRESCRIPTIONS WHICH: (I) ARE NOT SUITED TO THEIR PERSONAL CONDITION; (II) CONTAIN INCORRET INFORMATION; (iii) HAVE EXPIRED; AND/OR (IV) ARE OTHERWISE INVALID, AND THE CUSTOMER SHALL BE FULLY RESPONSIBLE WITH RESPECT TO SUCH PERSCRIPTIONS. IT IS YOUR RESPONSIBILITY TO PROVIDE VALID AND ACCURATE PRESCRIPTION INFORMATION. WE HIGHLY DISCOURAGE CUSTOMERS FROM USING EYEGLASSES OR CONTACT LENSES THAT ARE NOT SUITED TO THEIR PRESCRIPTION.
13. APPLICABLE LAW
We make no representation that the Content in our Site is appropriate or available for use in other locations or territories where access to it is illegal or prohibited. Those who choose to access our Site from such other locations or territories do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to our Site, the services provided through our Site or the Content (or a Claim) shall be governed by the internal laws of the State of Delaware and the laws of the United States of America applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the State of Delaware and irrevocably agree that all Claims may be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (1) your use of, or inability to use, our Site; (2) your User Submissions; or (3) your violation of these Terms.
15. SUBMITTED FEEDBACK
It is our desire and pleasure to hear from our customers and welcome your comments regarding our plans and catalog, including our Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as “Feedback”), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the Site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
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If you have any questions regarding our General Terms and Conditions of Use, please feel free to contact us via:
- Email: firstname.lastname@example.org
- Phone: 1-800-680-3106
- Postal mail: United Vision Plan, 954 Lexington Avenue, Suite 510, New York, NY 10021-5013, USA.
- Last updated: May 2017
You hereby represent and warrant that the prescription you submit as part of your order is valid on the date of placing your order. If your prescription or order information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your eyeglass or contact lenses (to which we refer herein as “Products”). By placing an order through our Site, you represent that the information used for ordering the Product(s) is correct, true, and accurately matches the prescription you received from your eye care provider. You further represent and warrant that you will renew your prescription in accordance with your eye care provider's instructions. You hereby acknowledge that your order will not be guaranteed unless your prescription meets the terms set out in this policy. You hereby agree that we and our representatives may contact your eye care provider with any questions, comments, concerns, or verification needed with respect to your prescription.
Note that eyeglasses and contact lens prescriptions may differ from one another, so you should ensure that you are ordering the correct parameters set forth in your prescription for the type of product you wish to order.
In cases where we offer, and you order, contact lenses, and prescriptions are typed manually instead of being uploaded, we are obligated by law to verify your prescription with your eye care provider. This is in order to ensure that we provide you with the correct contact lenses in your order. According to the U.S. Fairness to Contact Lens Consumer Law, if the seller does not receive verification response from the eye care provider within 8 business hours, the seller is allowed to sell the customer the contact lenses.
If you order eyeglasses, we will also need your pupillary distance, or PD, to fill your order. When you are fitted for eyeglasses by an eye care provider, you should be provided with a copy of your prescription specifying your PD. In the event that the PD is not included in your order, we will use an average PD, and you agree that you forfeit all rights for any claim against us in such case. In any event, you shall be entitled to return or exchange the item in accordance with our Return Policy as described hereunder.
You must be a minimum age of 18 years of age to submit an order. In case the prescription is for a child between 13 and 18 years of age, it is the parent's or guardian's responsibility to ensure the prescription was filled accurately.
Unless otherwise stated, all benefits are provided from UVP’s online catalog, which is updated regularly in accordance with currently available inventory. All discounts posted for specific benefit plans are based on the current UVP online catalog.
3. ORDER PRODUCTION AND PROCESSING
Lack of information in orders may lead to delays in processing such orders. There may be cases in which we will be required to contact you in order to obtain additional information, and such inquiries may also delay the processing of the order. In any event, we shall make reasonable efforts to notify you with respect to any delays.
The processing time of orders that contain additions to the lens (such as coatings, tint or other) may take longer time. Processing time of orders which contain progressive and bifocal lenses may take longer than that of standard lenses.
4. SHIPMENT AND DELIVERY
Orders will be delivered to the address that appears on your order within a reasonable time from the completion of the production and quality checks. Orders are usually shipped within 10 days from the date of confirmation of payment; however, there may be delays due to external factors. The time of delivery can vary depending on the destination. Please note that additional local taxes may be applied to shipments to locations outside of the United States.
We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.
When you place your order, you must choose shipping and delivery options. Standard shipping to an address within the United States usually arrives approximately 5-7 business days from the date of shipment. If you need your Product faster, you can upgrade to the Expedited or Express shipping option. Once the package is shipped from a UVP facility, the package is no longer the responsibility of UVP but rather the responsibility of the carrier.
Upgrading your shipment to Expedited or Express shipping does not mean overnight delivery. Delivery times are based on estimates only and exclude the production and verification stages.
It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and increase the costs of the ordered Products. We will not refund or exchange Products that were shipped to an inaccurately inputted address.
Shipping claims must be made within 30 days from the date of the shipping.
5. RETURN POLICY
We do our best to make returns and exchanges as simple as possible.
We are confident that you will enjoy our eyeglasses and contact lenses. However, if you are not completely satisfied with your eyeglasses or contact lenses within the first 14 days after delivery, you are entitled to receive a (a) refund for the original item you paid for, (b) product exchange, or (c) a 100% store credit. No questions asked and hassle-free.
See below for further information on exercising your rights under our 14-day money back/replacement guarantee.
In the event that eyeglasses are returned, they shall be returned in their unused, original and merchantable condition and in their original packaging, including all accessories, such as the case and cleaning cloth. In the event that contact lenses are returned, they shall be returned unopened in their original, merchantable condition.
To start your return process, contact our Customer Service at email@example.com or call us at 1-800-680-3106 (we are available on a 24/7 basis) to set up the exchange. Shipping and handling fee of US $15 may apply, subject to your plan specifications.
- 100% money back guarantee or store credit.
- Product exchange of equal or lesser value.
A tracking number should be provided to us for all returned items. Exchanges, issuance of store credit and refunds will only be processed once the returned item(s) arrive at our facilities, and provided that such item can be verified with a tracking number.
Refunds will be effected via the same method of payment used to order the Product (credit card, debit card, PayPal, etc.). Please allow up to 30 days from the date that we receive the item for the credit to appear in your account.
Every item originating from the same order may be returned up to two times in total within 14 days after the relevant delivery. The first return of the original item ordered is eligible for a 100% refund. Alternatively, you may choose to receive an equal (or lesser) value exchange (an “Exchange”) or a store credit (a “Credit”).
If you opted for an Exchange and are not satisfied with it, you will be entitled to return it within 14 days after its delivery for a Credit or an Exchange; however, after the second return, no further returns will be accepted.
If you opted for a Credit and are not satisfied with the tem purchased with the Credit, you will be entitled, within 14 days after its delivery, to return it for a Credit or an Exchange up to two more times, after which no further returns will be accepted.
600 W John St
Hicksville, NY, 11801-9613
* All store credits are non-refundable.
* It is the customer's responsibility to ship the item(s) back within 6 business days from receiving authorization from our Customer Service to return the item. Return requests will not be processed after such timeframes.
* Store credit is valid for 3 months from the date granted. The validity of store credit cannot be extended.
* A tracking number must be provided for the returned items of international orders.
* Refunds and Credits do not include the cost of any shipping that is not Standard.