VCSTest.com Terms of ServiceLast 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 SiteVCSTest.com is provided on an "as-is" and "as-available” 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.
Personal Use OnlyThe 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 ResearchersAs 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 firstname.lastname@example.org.
DonationsVCSTest.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 CopyrightUnless 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 InaccuraciesWe 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
ModerationAll 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 IndemnificationThough 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 are the sole and original author and owner of the intellectual property rights thereto, or that you have appropriately attributed content to its rightful author or the holder of the relevant intellectual property rights;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old; and that,
- the content you submit does not violate these Terms of Service and will not cause damage or injury to any person or entity.
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, organization, partnership, or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or,
- that contains any computer viruses, worms or other malicious or potentially damaging computer programs or files.
Use of Submitted MaterialVCSTest.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 ContentThe 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 ServiceIf, 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.
IndemnificationBy 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 ResolutionAny 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.