VCSTest.com Terms of Service
Last Updated May 25, 2018
Thank you for using the VCSTest.com website!

VCSTest.com (hereafter referred to as “VCSTest.com”, “we”, “us”, or “our”) offers an online visual contrast sensitivity test and other tests and services (collectively, the "Services") primarily via the Internet.  The following terms and conditions govern our relationship and your use of our Services:
Table of Contents
  1. Scope
  2. Acceptance of Terms & Consent
  3. Changes to these Terms of Service
  4. Use of the Site
  5. Use by Individuals
  6. Use by Healthcare Providers and Researchers
  7. Donations and Purchases
  8. Contents and Copyright
  9. Errors and Inaccuracies
  10. User Comments, Reviews, Ratings, and Feedback
  11. External Links and Third Party Content
  12. Violations of these Terms of Service
  13. Indemnification
  14. Dispute Resolution
Scope
These Terms of Service apply to VCSTest.com and its Internet websites (currently located at vcstest.com and any subdomains, such as www.vcstest.com) (collectively the "Site") and any associated sites or services.  They also apply to any and all other services offered by us whether via the Site or otherwise.
Acceptance of Terms & Consent
By visiting, browsing, or otherwise using the Site or Services, you agree to the terms and conditions herein.

If you do not accept these Terms of Service, you may not use the Site or our Services.
Changes to these Terms of Service
VCSTest.com reserves the right to change, modify, and add or remove portions of these Terms of Service at any time.  If these Terms of Service change in the future, we will immediately post the new Terms of Service on the Site with an updated modification date.  Please check for changes periodically.

When we make material changes, we will notify you of our revised Terms of Service and ask you to accept the changes 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.

Your use of the Site and our Communications Services following the posting of any revised policy means you accept the new policy.  In the event that you decline to accept any changes we make, you will still have the right to receive a copy of the information we’ve collected that’s associated with your account, and the right to delete your account in its entirety.
Use of the Site
VCSTest.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.

Further, the tests offered on this Site are screening tests 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.

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 our test, test images, or any related material 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 our tests, the Site, our Content, or any part of the Site or Content, is strictly prohibited without explicit prior written consent.  Additionally, you may not modify or alter the Content in any way.

To take advantage of the majority of the Services offered by VCSTest.com, users must register an account on the Site consistent with their intended use:
Use by Individuals
The majority of the Services and Content on the Site, including the tests we offer, are intended for personal, non-commercial use by individuals over the age of 18.   Unless you receive explicit authorization in writing from us, Individual accounts may not be shared with other users.  Sharing Individual 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.
Use by Healthcare Providers and Researchers
As noted above, the Site and Test are generally intended for personal, non-commercial use.  Because we recognize that the testing we offer 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 healthcare providers.  We also generally support the use of the Site and the tests we offer by healthcare providers and researchers in clinical settings and by referral, and offer account types specifically intended for these types of uses.  If you are a healthcare provider or researcher and plan to use the Site and our tests with patients, clients, or research subjects, you must register for and use a healthcare provider or research account.

We consider the sharing or common usage of an account intended for use by an individual with patients or research subjects without explicit written permission unauthorized commercial use, and we may suspend or terminate any account used in this way.  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.
Donations and Purchases
VCSTest.com is funded by donations, purchases, and through the contributions of its owners, supporters, and users.  All contributions to the site are used to fund development and operation of the Site, to make free testing available to those in need, and to promote awareness of contrast sensitivity testing.  Thank you for your support.

All transactions, like donations or purchases, are generally non-refundable except that any transaction made in error will be immediately refunded if you notify us within twenty-four (24) hours of the mistake.

If you have questions or concerns related to any transaction with VCSTest.com, please contact us immediately so we can investigate your concern.  VCSTest.com is willing to resolve any problem you might have with the Site and its Services, and therefore has a zero-tolerance policy for chargebacks; any user who disputes a credit card payment that is found to be valid will be permanently banned from using the Site and Services. 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 United States 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 any 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 require that you acknowledge and agree to adhere to these Terms of Use.

We allow users to provide feedback and to make direct comments to the site developers to help improve the Site and the user experience; you can do this by contacting support@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 of Service.

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 on the Site, 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.

VCSTest.com reserves 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. 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.
Violations of These Terms 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, OUR TESTS, 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 FOR 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 Wyoming 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.