GlaucomaCheck™ Terms and Conditions

1.   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, Conditions and Privacy Policy, as amended or supplemented from time to time. VisionRx may amend or supplement these Terms, Conditions and Privacy Policy from time to time, in each case effective upon posting to this website.

2.   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.

3.   Use of this website may not be available at all times. VisionRx may, in its discretion restrict or discontinue the use of this website at any time and for any reason without notice or liability. 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, Conditions and Privacy Policy 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. VisionRx reserves the right to delete the data stored on its Website and servers, at any time and at its sole discretion.

4.   VisionRx may charge a fee, and change the fee at any time.

VisionRx charges for use of this website will be indicated at the time you place your order.  VisionRx reserves the right to change charges for use of this website at any time. You are responsible for providing valid credit card information at the time you elect to use this website and by doing so, you represent that you are an authorized user of the credit card provided. In addition, you must pay any applicable sales or other taxes. VisionRx or its agent will bill your credit card. VisionRx does not accept debit cards for payment of any charges or fees. Use of this website may be denied in the event you fail to pay charges.  VisionRx may refund charges for use of this website in its sole discretion.

5.   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.

6.   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, Conditions and Privacy Policy. VisionRx will be collecting information about you including your name, age, gender, address, telephone number and answers to certain other questions.  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.

7.   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.   

8.   VisionRx may store and provide to you information about the results of your use of this website, but is not obligated to do so and may delete any such stored information at any time in its discretion without liability.

9.   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, OR COMPATIBILITY OF COMPUTER SYSTEMS.. 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.

10.              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.

11.              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.   You acknowledge that information is transmitted over media over which VisionRx has no control.

12.              All obligations of and restrictions on you and VisionRx under these Terms, Conditions and Privacy Policy, which, by their nature, would continue beyond the termination or cancellation of the use of this website or these Terms, Conditions and Privacy Policy, shall survive such termination or cancellation.

13.              If any provision of these Terms, Conditions and Privacy Policy 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.

14.              You agree to defend, indemnify, and hold VisionRx, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

15.              You expressly agree that exclusive jurisdiction for any dispute with VisionRx, or in any way relating to your use of this website, resides in the courts of the State of Connecticut and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Connecticut in connection with any such dispute including any claim involving VisionRx or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms,  Conditions and Privacy Policy are governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles.