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- By clicking on the "I accept" button on the VisionRx website ("this
website") or by use of any of: the VisionRx vision tests, or the software
or any or all other services supplied to you on or related to this website
("use of this website") you agree that your use of this website is subject
to these Terms and Conditions, as amended or supplemented from time to
time. VisionRx may amend or
supplement these Terms and Conditions from time to time, in each case effective
upon posting to this website.
- This website contains screening tests to assist you in determining
whether you may have a condition requiring medical treatment. VisionRx is not a medical provider and
is not engaged in the practice of medicine. These tests are designed to help you
determine if you have visual function which is normal. IT DOES NOT PROVIDE A DIAGNOSIS. If the test results are "outside normal
parameters" you may have abnormal visual function and should see an eye
doctor for complete diagnosis and treatment if necessary. IF THE TEST RESULTS ARE WITHIN NORMAL PARAMETERS, IT MERELY MEANS THAT THESE TESTS
DID NOT YIELD RESULTS WHICH INDICATE THE PRESENCE OF ABNORMALITY; IT DOES
NOT MEAN THAT YOU DO NOT HAVE ABNORMAL VISUAL FUNCTION, ONLY THAT THESE
TESTS DID NOT DETECT IT. YOU SHOULD
NOT BASE ANY MEDICAL DECISION ON THE RESULTS OF ANY OF THE VISION
TESTS. ONLY A TRAINED EYE DOCTOR
CAN MAKE A DIAGNOSIS OF A CONDITION WHICH MAY REQUIRE TREATMENT. VISIONRX IS NOT RESPONSIBLE FOR ANY
MEDICAL DECISION YOU MAKE BASED UPON THE RESULTS OF ANY OF THE VISION
TESTS. IF YOU ARE EXPERIENCING ANY
VISION PROBLEMS OR ARE HAVING ANY DISCOMFORT OR OTHER PROBLEMS WITH YOUR
EYES, YOU SHOULD SEEK TREATMENT FROM AN EYE DOCTOR. THIS TEST WILL NOT SUGGEST TREATMENT
METHODS OR OTHER REMEDIAL STEPS.
THOSE CAN BE PROVIDED ONLY BY AN EYE DOCTOR.
- Use of this website may not be available at all times. VisionRx
may, in its discretion and without notice or liability, restrict or
discontinue the use of this website at any time and for any reason. In addition, in the event there is a
ruling, regulation, or order issued by any governmental body which causes
VisionRx to believe that these Terms and Conditions or the use of its
website may be unlawful, VisionRx may terminate or modify this website or
the services provided on it, immediately without notice.
- There is currently no charge for use of this website. VisionRx intends, until further notice,
to provide the services provided on this website for market testing
purposes. If VisionRx should
determine to charge a fee for the use of this website, it will modify the
website and these terms and conditions to provide for such a charge.
- In connection with your use of this website, VisionRx may provide
you with the use of software which VisionRx may update or change at any
time and from time to time. You may use such software only as part of your
own personal use of this website. You are hereby granted a revocable,
non-exclusive, non-transferable license by VisionRx to use the software it
provides solely for that purpose. The software provided by VisionRx is
copyrighted by VisionRx and contains trade secrets, patents, and
proprietary information owned by VisionRx. You may not make any copies of
such software or de-compile, reverse engineer, disassemble, attempt to
discover any source code or underlying ideas or algorithms of such software,
otherwise reduce it to a human readable form, or modify, such software nor
may you reproduce or distribute copies of such software in any manner. You may not use, remove or alter any
trademark, trade name, copyright or other proprietary notices, legends,
symbols, or labels appearing on or in connection with use of such software.
- This website is for use by adult audiences and is not
designed or intended to attract children under the age of 13. VisionRx does not knowingly collect
personal information from any person it knows to be under the age of 13. By using this website you acknowledge
that you are at least 18 years old and agree to these terms and conditions. VisionRx will be collecting only your
age, zip code, gender, answers to certain questions and, at your option,
your email address. VisionRx will
not sell or disclose individually-identifiable information obtained from
you to anyone outside of VisionRx unless you specifically authorize it, or
if disclosure is required by law or deemed necessary by VisionRx in its
sole discretion for its own protection. VisionRx may disclose non-personally
identifiable information to third parties in order to assess the results
of the use of this website. This information will be used in the aggregate
only, and does not contain any information that would personally identify
you.
- UNDER NO CIRCUMSTANCES MAY VISIONRX RELEASE DATA ABOUT YOU
COLLECTED DURING THE USE OF THE VISION SCREENING TESTS ON THIS WEBSITE TO
ANYONE OTHER THAN YOU EXCEPT IF THE DISCLOSURE IS REQUIRED BY LAW OR IS
MADE TO A THIRD PARTY AT YOUR REQUEST.
ANY REQUEST TO HAVE YOUR TEST RESULTS MADE AVAILABLE TO A THIRD
PARTY MUST BE IN WRITING.
- YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE IS PROVIDED ON
AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH
IN THESE TERMS AND CONDITIONS. VISIONRX
(AND ITS OFFICERS, MANAGERS, DIRECTORS, MEMBERS AND EMPLOYEES), DISCLAIM
ANY AND ALL WARRANTIES FOR USE OF THE WEBSITE, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT,
NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION OR
ARISING UNDER STATUTE. VISIONRX DOES NOT GUARANTEE THAT DATA OR SOFTWARE
AVAILABLE FOR DOWNLOADING IN CONNECTION WITH USE OF THIS WEBSITE WILL BE
FREE OF DEFECTS, INFECTION OR VIRUSES OR OTHER CODE THAT MAY CONTAIN CONTAMINATING
OR DESTRUCTIVE PROPERTIES.
- IN NO EVENT SHALL VISIONRX (OR ITS OFFICERS, MANAGERS, DIRECTORS,
MEMBERS OR EMPLOYEES), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER
CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VISIONRX HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER
CERTAIN LAWS (SUCH AS CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY, THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO
YOU.
- VisionRx will not be liable for delays, damages or failures in
performance due to causes beyond its reasonable control, including, but
not limited to, acts of third parties, acts of a governmental body, acts
of God, fires, floods or strikes. VisionRx is not responsible for
transmission errors or corruption or security of data transmitted during
use of this website.
- All obligations of and restrictions on you and VisionRx under these
Terms and Conditions, which, by their nature, would continue beyond the
termination or cancellation of the use of this website or these Terms and
Conditions, shall survive such termination or cancellation.
- If any provision of these Terms and Conditions is determined to be
invalid or otherwise unenforceable, the validity and enforceability of the
remaining provisions shall not in any way be affected, and the
unenforceable provision shall be construed, as nearly as possible, to
reflect the original intentions of VisionRx in adopting them.
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