VCSTest.com Terms of Service
Last Updated November 25, 2014

Welcome to the VCSTest.com website!

VCSTest.com provides an online visual contrast sensitivity test and offers other services (collectively, the "Services") to Internet users worldwide via its website at vcstest.com and its associated subdomains (such as www.vcstest.com). Throughout this document and elsehwere we'll refer to our collection of websites as the "Site".

By visiting, browsing, or otherwise using the Site, you agree to the terms and conditions herein, including any subsequent modifications that may be made. If you do not agree to these terms or any subsequent modification, please do not access the Site.

Use of the Site
VCSTest.com is provided on an "as-is" and "as-availableā€ basis. All of the images, illustrations, graphics, trademarks, logos, video clips, audio clips, page headers, text, buttons, icons, downloads, Site design, software, and all data coding and compilations (collectively, the "Content") we post or use are intended to be used for research and informational purposes only and are offered without warranties of any kind, either express or implied, including without limitation warranties of title, implied merchantability, or fitness for a specific purpose.

The VCS test offered on this Site (the "Test") is a screening test only and cannot not be used to diagnose any condition. Nothing on this Site should be construed as or otherwise considered medical or other advice, or as an attempt to diagnose, treat, cure, or prevent any condition, illness, or disease. Nothing herein is intended as a substitute for advice from a healthcare professional.  You should not use the information on this Site for diagnosis or treatment of any health condition.

We reserve the right to change any Content on the Site, the Test, and these Terms of Service (the "Terms") at any time, at our sole discretion, without notice or prior notification.  Updates or changes to these Terms will be posted on the Site along with the date of last modification; you are encouraged to periodically check the Site for updates.

If there are material changes to these Terms, we will notify you when you access your account; under some circumstances, we may also contact you directly via email about policy changes regardless of your email communications settings or preferences.

By accessing the Site, you also accept and agree to our Privacy Policy.

Personal Use Only
The Content on the Site and the Test are intended for personal, non-commercial use by individuals over the age of 18. You may not copy, download, store, or print hard copies of the Content except for purposes related to personal, non-commercial use.  Any other use of the Site or its Content, including the copying or posting of the Content to any network or website; using the Test or test images on another website, in a product or as a part of another test, or in hard copy form; broadcasting or publishing the Content via any other form of media; or framing the Test, the Site, or any part of the Site, is strictly prohibited without explicit prior written consent.  Additionally, you may not modify or alter the Content in any way.

To take a Test and use some of the Services offered by VCSTest.com, you must register for and create an account on the Site. Unless you receive explicit authorization in writing from us, your account may not be shared with other users. Sharing accounts both interferes with our ability to track, analyze, and understand Site usage, and diminishes the value of the aggregate statistical data we may generate for research purposes. Accounts are free, and each user must create their own account.

Doctors, Practitioners, Other Healthcare Providers, and Researchers
As noted above, the Site and Test are intended for personal, non-commercial use. We recognize that VCS testing is of significant importance and value, particularly when attempting to diagnose the chronically ill and those with suspected exposures to neurotoxins. We fully support (and appreciate) the referral of patients to the Site by medical and healthcare professionals; however, we consider charging for the Test, the taking of the Test in a medical office or any other professional or research-related setting, and/or the sharing or common usage of an account with patients or research subjects without explicit written permission, unauthorized commercial use, and we may suspend or terminate service in such cases. Generally, account information, test results, and test results summaries are considered confidential Personal Information, and are not subject to review, but we reserve the right to analyze account information, account activity, test results, and test results summaries if we suspect unauthorized commercial use of the Site.

If you would like to use the Site or Test commercially, please contact us at license@vcstest.com.

Donations
VCSTest.com is funded entirely by donations and through the contributions of its owners and supporters. Donations are used to fund development and operation of the Site, to make free VCS tests available to those in need, and to promote awareness of VCS testing. Donations are generally non-refundable except that any donation made in error will be immediately refunded if you notify us within twenty-four (24) hours of the completion of the erroneous donation. Thank you for your support.

Contents and Copyright
Unless otherwise noted, VCSTest.com reserves the complete title and all intellectual property rights to any and all Content on the Site. No right, interest in, or title of any downloaded or printed materials are transferred or conveyed to you without our explicit written authorization.

The Content on the Site is copyrighted by VCSTest.com as a collective work under U.S. and other applicable copyright laws. Use of any Content, other than as explicitly allowed herein, is prohibited unless expressly authorized in writing by VCSTest.com.

Errors and Inaccuracies
We strive to provide accurate information on the Site. However, there may be Content that contains inaccuracies, omissions, or typographical errors. VCSTest.com reserves the right to correct these errors and shall not be held liable or responsible for the erroneous content or any decisions made or actions taken in reliance thereon.

User Comments, Reviews, Ratings, and Feedback
Submissions
We are continually developing more ways for our users to submit information, including through Ratings and Reviews, and general feedback about the use of the Site. Prior to submitting Ratings, Reviews, or feedback, we ask that you acknowledge and agree to adhere to these Terms of Use. We allow users to make direct comments to the site developers to help improve the Site and your experience; you can do this by contacting tech@vcstest.com.

Moderation
All areas of the Site except for the live chat feature are moderated, which means that we reserve the right to review and approve submitted content to help ensure that the Content on the Site is appropriate for all users. Our approval guidelines focus on whether the submission is positive or negative, though often we approve both. We will generally reject submissions that we, in our sole discretion, deem ugly, offensive, denigrating, or out of context.

Through our moderation process, we reserve the right to change, condense, or delete any content on the Site that we determine violates our content guidelines or other provisions of these Terms.

Representations, Warranties, and Indemnification
Though the Site is generally moderated, responsibility for content submitted by third parties remains with the party submitting the content.

By submitting content, you represent and warrant that: You further agree and warrant that you will not submit content: By submitting content, you agree to indemnify and hold harmless VCSTest.com from and against all legal actions, including attorney's fees, which may arise from or are related to your submission.

Ownership of Submitted Content
All information submitted through the Site, with the exception of Personal Information as defined by our Privacy Policy, becomes and shall remain the exclusive property of VCSTest.com, including all rights, titles, and interests in all copyrights and intellectual property. By submitting information, you give us an irrevocable, royalty-free, transferable right and license to use, produce, reproduce, publish, republish, disclose, change, and distribute such information in any way, in any medium, and/or in any form as determined by us, and without compensating you in any way.

Use of Submitted Material
VCSTest.com does not support, endorse, sanction, verify, or agree with any information submitted by any third parties to the Site. As such, we specifically disclaim all liability in connection with any information posted by a third party. Further, we do not warrant any of the benefits, uses, or claims made by our users.

Use all such information at your own risk. We reserve the right to remove any submission or contributed content that is, in our sole discretion, inappropriate or inconsistent with the goals of the Site. Among these requirements is that all communications must remain professional and not use profanity, copyrighted material, or be disrespectful.

External Links and Third Party Content
The Site may include hyperlinks to third party web sites. These links are provided as a convenience only and, unless otherwise stated, do not suggest that VCSTest.com endorses any third party, the content at such third party's website, or the products or services they may offer or provide. VCSTest.com is not responsible for content served from other sites.

Violation of these Terms and Conditions of Service
If, in our sole discretion, VCSTest.com determines that a user has violated these Terms or any other guidelines which may be associated with the use of the Site, we may suspend or terminate service, block access to the Site, or take other actions we deem appropriate.

Indemnification
By using the Site, the Test, and/or any other services offered on the Site or by VCSTest.com, you agree to release, hold harmless, and indemnify VCSTest.com and its owners, stakeholders, operators, employees, management, partners, its parent company and any subsidiaries, affiliated companies and their respective subsidiaries, and their directors, officers, employees, agents and stakeholders from any and all liability or any injuries, loss, or damage of any kind, including attorney's fees, arising from or related to your use of the Site.

Dispute Resolution
Any unresolved disputes relating to your use of the Site shall be submitted to confidential arbitration in the State of Florida or in any other venue of our choosing. If you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any State or Federal court. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.