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| PARTIES TO THIS AGREEMENT AND DISCLAIMER |
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| The
parties to this Agreement are Eye Care
International, Inc. (herein after referred to as
“ECI”) and you, the Buyer (herein after referred
to as “YOU”). If your plan is ordered by and
paid for by someone other than you, ECI
classifies this as if you were the actual buyer
with the same rights, duties, and obligations of
a buyer. |
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| MEMBERSHIP REPRESENTATIONS |
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| In
return for the discounts and services available
under the Plan, you understand and represent
that you have read this Membership Agreement
(“Agreement”), and understand the Membership
Term, Plan Renewal, Refund Guarantee and your
Rights and Obligations.. You also understand
that available vision services and discounts may
vary by participating provider. Your payment of
membership fees constitutes your acceptance of
ECI’s offer to provide you with an ECI Vision
Plan and your agreement to be bound by this
Agreement. |
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| MEMBERSHIP TERM |
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| You,
the Member, shall be entitled to all the
benefits of the ECI Vision Plan (“Plan”) for the
period of time you selected and paid for when
enrolling in the Plan (12 Months, 24 Months or
36 Months). |
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| PLAN RENEWAL |
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| 45
days prior to your membership anniversary date,
you will be sent a renewal notification by
e-mail at the email address we have on record
for you. This notification will tell you your
next year’s membership fee is due along with the
renewal date. Should the email notification fail
for any reason, we then will send your renewal
notification to you by regular mail at the
mailing address you listed on your Enrollment
Application (unless you have provided us with a
new mailing address). If you used a credit card
to purchase your plan, we will charge your
renewal membership fee to that credit card. We
will continue to follow this procedure each
renewal year unless you give us written
notification that you wish to cancel your
membership. If you paid for your plan by check
or money order, you will be responsible for
sending your renewal membership to ECI by your
renewal date. Your Plan will be subject to
termination should your renewal fees not be
received by ECI by the actual renewal date of
your Plan. |
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| REFUND GUARANTEE |
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| A
refund of the membership fees you paid for your
first membership year is guaranteed by ECI if
you purchase services or products from a
participating provider during your first
membership year and do not save at least the
cost of the membership fees paid for that year.
Any frames or lens you purchase from a provider
that are on special sale will not count for
purposes of this guarantee. If you have enrolled
in a 24 Month or 36 Month Plan, the fees
applicable for the First Year Only will count
toward this guarantee. Written notice from you
with a copy(s) of all bills paid to the
participating vision care provider must be sent
to Eye Care International, 1511 North Westshore Blvd, Suite 925, Tampa, Florida 33607
within 30 days after the end of your first
membership year. Your Membership shall terminate
on the date the notice is received by ECI. The
refund will be sent to you within 30 days of
cancellation. Other than the refund policy just
described, ECI will make no refunds. |
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| DISCLAIMERS OF WARRANTIES |
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| ECI is
not a direct provider of products and services
to you. Accordingly, ECI gives no warranty,
express or implied, as to any products or
services obtained by you through Membership in
the Plan. You acknowledge that you are not
relying on the judgment of ECI in selecting the
products and services available to you. In the
event that any product or service purchased by
you is unsatisfactory, you will look solely to
the actual vision care provider for satisfaction
of a claim relative to products or services
rendered. It is further understood that all
products and services are subject to
availability of such products and services and
all information provided to the Members is
subject to change without notice. |
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| GENERAL RELEASE |
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| You,
for yourself and on behalf of any person who
through you uses the benefits or services under
the Plan membership (collectively “Membership
Beneficiaries”), hereby forever release, acquit
and discharge ECI from any and all claims and
causes of action that that the Membership
Beneficiary or such Membership Beneficiary’s
legal representatives may have by reason of any
monetary damage or personal injury sustained as
a result of the use of any products or services
available under the Plan. The sole recourse
available to a Member, Membership Beneficiary or
their legal representatives as it relates to ECI
shall be the cancellation of the Plan membership
and a full refund of the Membership Fee, if
applicable, as provided in paragraph five above. |
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| ADDITIONAL RIGHTS AND OBLIGATIONS OF THE BUYER |
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| You
agree to receive continuing follow-up contact
from ECI including plan updates, email,
newsletters and other common communication
methods. You also agree to post-sale contacts
from marketing partners of ECI such as your plan
sales agent, if applicable. You agree to allow
ECI to collect, store and use for customer
service and marketing purposes all information
collected from you through electronic means, fax
or regular mail. However, you also accept and
understand that you retain all rights to
directly restrict communication or solicitation
from ECI or marketing partners of ECI. |
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| CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES |
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| You
warrant that you are over 18 years of age, not
subject to the Child Online Privacy Act, of
legal age to enter into contractual agreements
in the state in which you are present when you
buy the Plan, and are the true and authorized
owner of the credit card used to make this
purchase (if a credit card is used). Any buyer
who violates any of these requirements may be
liable for civil or criminal prosecution and
agrees to pay liquidated damages of US $1,000
per fraudulent transaction. |
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| PRIVACY POLICY ACCEPTED |
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| You
expressly accept the terms of the Privacy Policy
of the ECI Vision Plan website. |
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| TERMS OF USE ACCEPTED |
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| You
expressly accept the Terms of Use of the ECI
Vision Plan website. |
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| NOTICES |
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| Any
and all notices, consents, approvals, requests
and other written communications given under the
Membership Agreement shall be deemed to have
been duly given and served when sent by first
class mail, postage prepaid and addressed to you
at the mailing address on your Enrollment
Application (or an updated address if you have
furnished us with one) or to Eye Care
International Inc, 1511 North Westshore Blvd,
Suite 925, Tampa, Florida 33607. |
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| ENTIRE AGREEMENT |
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| The
foregoing Membership Agreement shall be binding
on ECI and you, including your respective
permitted successors and contains the entire
terms and agreement of your ECI Vision Plan
Membership. No representations, inducements,
promises or agreements, or otherwise, between
ECI and you, the Member, not included herein,
shall be of any force or effect. If any of the
foregoing terms or provisions shall be invalid
or not enforceable, the remaining terms and
provisions hereof shall not be effected hereby. |
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| DISPUTES |
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| You
agree to use binding arbitration for any claim,
dispute or controversy of any kind (whether in
contract, tort or otherwise) arising out or
relating to the purchase of your ECI Vision
Plan, including solicitation issues, privacy
issues, and terms of use issues. Arbitration
shall be conducted pursuant to the rules of the
American Arbitration Association which are in
effect on the date a dispute is submitted to the
American Arbitration Association. Hearing will
take place in the city or county of ECI. The
Arbitrator’s decision will be final and binding
and the prevailing party shall be reimbursed by
the other party for any and all costs associated
with the dispute arbitration, including attorney
fees, collection fees, investigation fees and
travel expenses. |
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| CHOICE OF LAW |
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| The
foregoing Terms of Membership and Membership
Agreement shall be construed and enforced in
accordance with the Laws of the State of
Florida. |
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| ECI CONTACT INFORMATION |
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Eye
Care International, Inc.
1511 North Westshore Blvd, Suite 925
Tampa, Florida 33607
support@ecivisionplan.com |
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