VSPONE REWARDS PROGRAM
TERMS AND CONDITIONS
The VSPOne Volume Discount and Supply Chain Savings Program (the "Program" or “VSPOne Rewards Program”) is made available to customers (“You or Your”) of VSPOne Columbus, VSPOne Dallas, VSPOne Hawaii, VSPOne Sacramento, and/or VSPOne Tampa Bay (“VSPOne”). VSP Optics may update or modify these Terms and Conditions from time to time.
By participating in the Program, You agree to comply with these Terms and Conditions.
THIS IS A TRADE PROMOTION AND IS NOT OPEN TO THE GENERAL PUBLIC.
The Program is an optional program offered by VSP Optics available to customers of VSPOne located in the United States who are not excluded, debarred, or suspended, nor owned or controlled, in whole or in part, by a person who is excluded, debarred, or suspended, from participation in (a) any Federal health care program as defined by 42 U.S.C. §1320a-7b(f), including, but to limited to, Medicare, Medicaid, and TRICARE, or (2) any State health care program, as defined in 42 U.S.C. § 1320a-7(h).
Void where prohibited by law. The 2023 VSPOne Rewards Program runs from January 1, 2023, through December 31, 2023. VSP Optics, in its sole discretion, reserves the right to change, modify, or end the Program at any time.
Special Product Promotions
You will have opportunities to earn Rewards points through direct manufacturer promotions. Check the Points & Promotions section of the Rewards Website for current and upcoming promotion information for your region. Reward points received through special product promotions will be added to your total point value for redemption through the VSPOne Rewards Program online shopping catalog.
Each point has an approximate $1 value toward redemption of items in the VSPOne Rewards Program online shopping catalog. Points have no cash value. More products may be added to the list through the duration of the program. For information related to points and their allocation for each eligible product visit VSPOneRewards.com.
Federal/State/Healthcare Program Exclusions
Federal anti-kickback law provides for criminal and/or civil liability for inducements related to any product for which payment may be made by a federal healthcare program or federally-funded state healthcare programs, including Medicaid and Medicare (collectively, “Federally Funded Programs”). Some states have similar anti-kickback laws and regulations (“State Laws”). Any item or service for which payment may be made, in whole or in part, directly or indirectly, by any Federal health care program (including Federally Funded Programs) or State health care program (including State Funded Programs), or otherwise prohibited by federal or State Laws or regulations, shall not qualify and is not eligible for inclusion and/or participation in any promotion offered by the VSPOne Rewards Program.
It is the policy of VSPOptics to comply with all applicable laws; however, VSPOptics has no way of knowing whether any specific transaction will be covered by the applicable federal and/or state law(s) and regulation(s). Nor does VSPOptics have any way of knowing whether any specific transaction will be paid for, in whole or in part, directly or indirectly, by any Federal health care program (including Federally Funded Programs) or State health care program (including State Funded Programs). Accordingly, it is your sole responsibility to determine if a transaction is eligible for participation in this Program and its promotions and to promptly notify VSPOptics of any transactions that should be excluded. If You inadvertently receive any Points or Rewards for a transaction that should be excluded, you are responsible for informing VSPOptics by email to Rewards@vspone.com within ten (10) business days of receiving the Points or Rewards.
• Rewards are supported by manufacturers’ warranties if any. VSPOne and its distributors are not responsible for Rewards items that are damaged or defective.
• Federal, state and local taxes are Your sole responsibility.
• Your participation in the program must comply with all VSPOne Rewards Program rules and guidelines.
• Rewards are non-transferable and must be accepted as awarded.
• No cash or other substitutions are permitted.
• By ordering and accepting any points redemptions, the participant agrees that the VSPOne, as well as their subsidiaries, affiliates, advertising and promotion agencies, respective officers, directors, employees, representatives and agents, will have no liability whatsoever and will be held harmless by participant for any liability for any injury, loss, or damages of any and all kinds to personal body and property, due in whole or in part, directly or indirectly, from the acceptance, possession, use or handling of point redemption merchandise, vacation gift cards and/or visa cards as part of this promotion.
Subject to all federal, state, and local laws and taxes.
• If for any reason, the Program or any of its promotions are not capable of running as planned, including due to tampering, unauthorized technical failure, human error, or any other causes beyond the control of VSPOptics, that corrupt or affect the administration, security, or entry process, or cancels, terminates, modifies, or suspends the promotion, the VSPOptics and its affiliates assume no responsibility for any error, omission, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or altered, damaged, or misdirected entries.
• As a convenience to You, points may be redeemed for eligible items in the catalog. Item/product availability may vary and the availability of any particular item or product is not guaranteed.
• Third-party manufacturers are solely responsible for all aspects of any products/items or services provided to You from the catalog, regardless of whether any such products or items are branded by VSPOptics. Branding of any product or item by VSPOptics does not constitute a product endorsement nor any representation or warranty regarding the functionality or attributes of any such product or service. All catalog item/product descriptions are provided by third parties. VSPOptics does not review catalog item/product descriptions for accuracy or truthfulness nor does VSPOptics confirm whether catalog products/items perform or otherwise operate as described. VSPOptics is not responsible for nor does VSPOptics exercise control over item/product descriptions, features, or attributes, regardless of product branding. Third-party manufacturers or providers are solely responsible for the accuracy or truthfulness of all marketing and advertising of each of their products/items and/or services ordered/provided via the catalog. Before selecting any item or product, You should carefully review the description and check with the manufacturer or service provider to confirm or inquire about any item/product functionality, descriptions, features, or attributes. You should fully and independently evaluate any products or services available to You prior to redeeming points.
- Participation in the Program. To qualify for the Program, You must be a VSPOne customer with credit in good standing, with a current, signed Distributor Agreement. You must enroll in the Program through www.VSPOneRewards.com (the “Website”). By taking part in the Program, You expressly agree to be bound by these Terms and Conditions, as they are amended from time to time at VSPOptics in its sole discretion. VSPOptics will award discounts, rebates, and supply chain savings (“Points”), which can be redeemed for rewards, such as product training, VSPOptics branded merchandise, sales promotion credit, and co-branded advertising, among other merchandise and/or products (“Rewards”) for VSPOptics products that are included on Your Distributor Agreement. Points earned within a calendar year must be redeemed by March 31st of the following year. Points will be subtracted from your account once you request a Reward. Items are usually delivered within 3- 4 weeks of placing your order. To report damaged or defective orders, or to return an order, you will need to contact the rewards program within 30 days of the shipment date via the Help form. Orders reported past 30 days will not be accepted. A claim for a missing order must be submitted within 3 months of the order date. Returns, reporting damaged or defective items, or reporting missing orders cannot be handled via phone.
- Password. You and each authorized user must use a username and password (individually and collectively, a "Password") to access the Website. By registering a user name, a password on the Website and by using the Website, You represent that you are a VSPOne customer and have legal authority to act on the VSPOne customers’ behalf. Each Password has the same effect as Your written signature in connection with the Program and can be used to access Your Program information. Anyone with knowledge of a Password can gain access to Your Program information. The Password must be kept confidential at all times and should not be provided to any other party. You are responsible for keeping each Password confidential and protecting it against improper and unauthorized use. Further, You are solely responsible for timely updating and changing and maintaining the confidentiality of Your account password and login information to ensure the security of Your account (such as if there are staff/personnel changes or a change in ownership of Your practice or business). Carefully protect access to your account. We recommend that You alone retain access to Your account. You are solely responsible for any actions (such as submissions and redemptions) submitted by other persons, such as staff/employees. VSPOptics is not responsible for any unauthorized redemptions or use of points submitted by other persons, such as staff/employees or prior or new owners of the practice or business. No one from VSPOptics will be authorized to provide a Password to You, but the Website administrators may provide a temporary password after it has received information sufficient to validate Your Program account. You are also solely responsible for restricting access to any information system used to access the Website. You are solely responsible for any and all transactions, entries or instructions initiated by or through the use of a Password, and any and all claims, losses, damages, expenses and costs incurred by the improper or unauthorized use of a Password and/or the use of a Password by any person. You must notify VSPOptics immediately if You believe that a Password has been lost or stolen, that an unauthorized person has improperly accessed an Account without permission, or that the security of a Password has been compromised in any way. If a Password has been forgotten, online reminder capabilities are available to assist in resetting such Password by using the Forgotten Password functionality. Further assistance is available through the Help function or by contacting your Ophthalmic Business Consultant. VSPOptics reserves the right to reset any Password. You are solely responsible for the accuracy of the information contained on the Website.
- Program May be Suspended, Changed or Terminated. VSPOptics reserves the right, at its sole discretion and at any time, to amend, modify, suspend or terminate the Program, in whole or in part; to add, delete or change participants; to modify, limit or suspend the use of or redemption of Points in any respect; to modify or change redemption procedures, including the number of Points required for particular Rewards; to modify, limit or suspend the collection of Points, including but not limited to imposing time limits and changes in Point values. VSPOptics may make these changes even though the changes may affect the value of the Points already accumulated. You should not rely upon the continued availability of the Program, or any Rewards or other offers made in connection with the Program. All Rewards are subject to availability and are subject to change and/or revocation without notice.
- Email Notices. By providing Your email address or by using the Website, You consent to receiving electronic communications from VSPOptics regarding the Program which may include, but are not limited to, monthly point updates, promotions, surveys, quizzes, and the like. If You want to discontinue receiving these email communications, You must discontinue using the Website and contact Rewards@vspone.com. You hereby represent and warrant that You are the owner of the email address and that You are the only person who views emails delivered to the email address.
- International Users, Choice of Law, and Dispute Resolution. This site is operated and administered from within the United States of America. If You access this site from a location outside of the United States, You are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of New York, for the resolution of all disputes arising from or related to these terms, your participation in the Program, and/or Your use of the site.
- General. VSPOptic's failure to comply with these Terms and Conditions because of an Act of God, war, fire, riot, terrorism, earthquake, pandemic or epidemic, state, local or national emergency, actions of federal, state or local governmental or regulatory authorities or for any other reason beyond VSPOptics reasonable control will not be deemed a breach of these Terms and Conditions. If VSPOptics fails to act with respect to your breach or anyone else's breach of these Terms and Conditions on any occasion, VSPOptics does not waive its rights to act with respect to future of similar breaches. These Terms and Conditions constitute the entire agreement between you and VSPOptics regarding your participation in the Program, Your entitlement to collect and redeem points through the Program, and your entitlement to any other benefits of the Program, and superseded all prior agreements between us, whether oral or written, including, without limitation, all previous versions of these Terms and Conditions or the Program. If any provision of these Terms and Conditions are found to be void, invalid, or unenforceable for any reason by a court or authority of competent jurisdiction, then such provision shall be changed and interpreted by such court or authority so as best to accomplish the intent and the objectives of the original provisions to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
- Security of Collected Information. VSPOptics maintains physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. VSPOptics cannot and does not warrant, assure, or guarantee the integrity, accuracy, confidentiality, or security of the Website or any emails delivered to the email address You provide, or from any unauthorized or unexpected use, disclosure, corruption, interception or other improper act (collectively, "Security Risks"). You hereby release and discharge VSPOptics of and from all Security Risks and any and all loss, damage and liability caused by the Security Risks. VSPOptics restricts access to information about you to those VSPOptics employees who need to know the information to respond to your inquiry or request. VSPOptics employees who misuse personal information are subject to disciplinary action.
- Access to Collected Information. You may review and update the information that You provide to VSPOptics through this site by contacting us as described in these Terms and Conditions.
- Termination. You may choose to cancel the use of the Website at any time without fee. VSPOptics reserves the right to discontinue all or any portion of the Program or the Website and/or suspend or terminate access to the Website, without notice, at any time and for any reason. VSPOptics may discontinue your membership and void or cancel your points balance if any points in your account are issued, received, or redeemed through fraud or theft, or otherwise illegally, or not as authorized in these Terms and Conditions. VSPOptics may attempt to provide prior notice of discontinuance, suspension or termination of the Program or the Website by posting on VSPOptics website or otherwise sending electronic notice. However, VSPOptics has no liability for failing to provide such prior notice for any reason. Authorization to use the Website immediately and automatically terminates without notice if You fail to comply with these Terms and Conditions, upon termination of Your Distributor Agreement or for any other reason at VSPOptic's sole discretion. Upon such termination, each Password will no longer be valid and You shall no longer have any further right to use or access the Website. All provisions relating to confidentiality, indemnification, ownership rights, and non-disclosure shall survive the termination of the authorization to use the Website and these Terms and Conditions. These rights are in addition to any other legal or equitable remedy which may be available to us under applicable law.
- Confidentiality. You expressly acknowledge and agree that the Website contains proprietary or confidential information, including but not limited to trade secrets, of VSPOptics. You hereby agree to maintain the confidentiality of the Website using at least the same degree of care used to maintain the confidentiality of Your most confidential information. You shall communicate these Terms and Conditions to those persons who have access to a Password and/or the Website, and require such persons to be bound by similar confidentiality obligations.
- No Warranty. THE PROGRAM AND THE WEBSITE ARE PROVIDED FOR CONVENIENCE ONLY. THE PROGRAM SHARES VOLUME BASED AND/OR SUPPLY CHAIN SAVINGS ON ELIGIBLE TRANSACTIONS WITH ELIGIBLE PARTICIPANTS. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF AND UPDATING/CHANGING YOUR LOGIN INFORMATION AND MAINTAINING APPROPRIATE ACCESS TO YOUR ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIONS (SUCH AS SUBMISSIONS AND REDEMPTIONS) SUBMITTED BY OTHER PERSONS, SUCH AS STAFF/EMPLOYEES. YOU AGREE THAT VSPOPTICS IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED REDEMPTIONS OR USE OF POINTS SUBMITTED BY OTHER PERSONS, SUCH AS STAFF/EMPLOYEES OR PRIOR OR NEW OWNERS OF THE PRACTICE OR BUSINESS AND YOU AGREE TO WAIVE ANY CLAIMS RELATED THERETO. VSPOPTICS AND ITS AGENTS, SUPPLIERS, AND SUBCONTRACTORS PROVIDE THE PROGRAM AND THE WEBSITE 'AS IS' AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. VSPOPTICS AND ITS AGENTS, SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VSPOPTICS DOES NOT WARRANT THAT THE PROGRAM OR THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR NEEDS, OR THAT THE PROGRAM OR THE WEBSITE WILL OPERATE ERROR-FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT DEFECTS OR ERRORS IN THE PROGRAM OR THE WEBSITE WILL NOT OCCUR OR BE CORRECTED. FOR THE SAKE OF CLARITY, VSPOPTICS DOES NOT OPERATE, CONTROL, WARRANT, OR OTHERWISE GUARANTEE OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE PRODUCTS OR SERVICES IN THE CATALOG AND VSPOPTICS DISCLAIMS ALL WARRANTIES ASSOCIATED WITH THE PRODUCTS OR SERVICES IN THE CATALOG TO MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights which vary from jurisdiction to jurisdiction.
- Indemnification and Release. You agree to indemnify, hold harmless, release and discharge VSPOptics, its shareholders, parents, subsidiaries, affiliates, directors, officers, agents, and employees from any liabilities, claims, actions, losses, demands or any other damages or expenses (including, but not limited to reasonable attorney's fees) caused by You or any third party, including from any actions for contribution or indemnity, specifically including, but not limited to, claims or actions arising from subrogation which could be brought by Your insurer(s), due to or arising out of (a) the use of the Website, (b) the accuracy of the data contained on the Website or your account, or (c) Security Risks. Further, You agree to indemnify, hold harmless, release and discharge VSPOptics or its agents, parents, subsidiaries and affiliates from any liabilities, claims, actions, losses, demands or any other damages, expenses, or costs caused by You or by an item, product, or service in the catalog. In no case will VSPOptics be liable to You or any other person for any direct, incidental, or consequential damages associated with an item, product, or service in the catalog. You also agree to indemnify, hold harmless, release and discharge VSPOptics, its shareholders, parents, subsidiaries, affiliates, directors, officers, agents, and employees from any liabilities, claims, actions, losses, demands or any other damages or expenses (including, but not limited to reasonable attorney's fees) related to any Points that You receive for an ineligible transaction.
- Compliance with Laws. You must comply at all times with all laws, rules and regulations that are applicable to you, including, but not limited to those discussed in these Terms and Conditions. The receipt or redemption of Points may be subject to tax liability. Any tax liability, including disclosure, with respect to the receipt or use of Points is solely your responsibility. You agree to check with your tax advisor regarding possible tax implications. You agree that if you object to any of these Terms and Conditions, or any modifications thereof, or otherwise become dissatisfied with this optional Program, your only recourse is to immediately discontinue participation in the Program and terminate your membership. You agree to comply with all Terms and Conditions herein.
- Price. Certain federal or state laws or regulations and/or contractual obligations with third-parties may require that You fully and accurately report and disclose the actual net purchase price for products that are part of the Program. It is Your sole responsibility to comply with these obligations as they may be applicable to You. It is the policy of VSPOptics to comply with all applicable laws; however, VSPOptics has no way of knowing whether any specific transaction will be covered by the applicable law(s) and regulation(s) and/or Your contractual obligations with third-parties. You are solely responsible for appropriately reporting and disclosing actual net purchase prices.
- No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions.
- Notices. Except as explicitly stated otherwise in these Terms, any notices hereunder shall be given via email to VSPOptics (a) Rewards@vspone.com, or (b) Your email address (in Your case), or to such other email address as the applicable party shall specify in a notice to the other party. Notice shall be deemed given on the next business day after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to VSPOptics during the registration process. In such case, notice shall be deemed given three (3) days after the date mailed in the above manner.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between VSPOptics and You with respect to Your use of the Website. If for any reason a court of competent jurisdiction finds any provision of the agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.