Terms of Service
Vision Science Labs Terms of Service
1- Acceptance of Terms
Welcome to Vision Science Labs, owned and operated by Vision Science Labs, Inc. (“Company”). Company operates an [online retail business selling vision training products] through and other related mobile, social, and web sites and services (the “Service”). By using the Service, you agree to comply with and be legally bound by the terms, conditions, and restrictions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Company.
In these Terms, “you” and “your” refer to the individual that accesses or uses the Service. If you access the Service or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or entity and, in such event, “you” and “your” will refer to that company or other legal entity. “We”, “us”, or “our” refer to Company.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
Company reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Service or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on our website or via our application. Modifications to these Terms will automatically take effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing Registered Customer thirty (30) days after posting. By continuing to access or use the Service after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
3- Eligibility; Digital Signature
The Service is intended solely for persons who are 18 or older and are legally able to enter into a contract. By accessing or using the Service you represent and warrant that you are not legally prohibited from receiving or using the Service under the laws of the country in which you access or use the Service.
By registering or by clicking to accept these Terms, you are deemed to have executed these Terms electronically, effective on the date you register your Account, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your creating of a Registered Customer account constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms, and any amendments.
4- Customer Account Registration
You do not need to become a Registered Customer in order to make a purchase or otherwise complete a transaction using the Service. You make create a Registered Account in order to receive faster service, track your orders, and have access to past orders. You may register in one of two ways – direct registration using your email address, or registration through a third party social networking site.
Direct Registration: When you make your first purchase using the Services, you will be able to create an account and become a Registered Customer by providing your email address and creating an acceptable password.
Third Party Registration: You may also create an account by logging in using third party social networking sites (“SNS”) (including, but not limited to, Facebook). You may link your account with a SNS by either: (i) providing your SNS login information through the Service; or (ii) allowing us to access your SNS account information as is permitted under the applicable terms and conditions that govern your use of each SNS account. You represent that you are entitled to disclose your SNS account login information to us and/or grant Company access to your SNS account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable SNS and without obligating us to pay any fees or making us subject to any usage limitations imposed by the SNS.
By granting Company access to any SNS accounts, you understand that Company will access, make available and store (if applicable) Content that you have provided to and stored in your SNS account (“SNS Content”). Unless otherwise specified in these Terms, SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Please note that if an SNS account or associated service becomes unavailable, or our access is terminated by the SNS service provider, then your account may no longer be available on and through the Service. You have the ability to disable the connection between your account and your SNS accounts, at any time, by accessing the “Settings” section of the Services.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content.
General Account Terms: We will create a Registered Customer account for your use of the Service based upon the personal or other information that you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your account and your access to the Service if any information provided during the registration process or thereafter is or appears to be false, inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account whether or not you have authorized such activities or actions. You will immediately notify Company of any unauthorized use of your account.
To complete a purchase or other transaction, you will have to be logged in to your account and have a valid payment method associated with it. We cannot confirm the price of an item until you order. We generally do not charge your credit card until after your order has entered the shipping process. We will collect and remit taxes according to the best information available to us at the time of a transaction; in some jurisdictions you will remain solely responsible for determining, withholding, or remitting any Tax applicable to any purchase. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), other local, municipal, provincial, state and federal taxes, charges or fees of any kind, and other withholding and personal or corporate income taxes.
6- Affirmations, Conduct and Use
By using the Service or creating an account, you represent, warrant and agree to the following:
- You are solely and fully liable for all content, conduct, postings and transmissions that are made under your Registered Customer account.
- You have all rights, licenses, consents and releases that are necessary to grant to Company the rights which are granted to Company in these Terms.
- Company is not responsible for verifying the identity, qualifications, credentials, licensure, standing and/or any other information regarding any User.
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service.
By using the Service, you represent, warrant and agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court or other governmental entity, including, without limitation, tax regulations.
- use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Services.
- use scripts or disguised redirects
- use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
- copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms.
- interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
- use the Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.
- register on behalf of a company or other entity without its express permission.
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
- post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
- use, display, mirror or frame the Service, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent.
- access, tamper with, or use non-public areas of any website or application, Company’s computer systems, or the technical delivery systems of the Service or any third-party provider system.
- attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures.
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another Member) to protect the Services.
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
- advocate, encourage, or assist any third party in doing any of the foregoing.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that Company has no obligation to monitor your access to or use of the Service but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Service and content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service, including all associated intellectual property rights, are the exclusive property of Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
8- License to Company Services, Content, and Member Content
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, revocable, non-transferable license, to access and make personal and non-commercial use of the Service as expressly provided in these Terms. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or content, except as expressly permitted in these Terms.
9- Your Content; License Grant to Company
We may, in our sole discretion, permit you to post, upload, submit or transmit content, including SNS Content and trademarks. By making available any content on or through the Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such content (i) on, through, or by means of the Service as currently exist or may be developed in the future, and (ii) in marketing, promotion, advertising and similar actions for Company or the Service. Company does not claim any ownership rights in any of your content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Company may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, you may be shifted to a website or mobile page of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that Company is not liable for the privacy practices of advertisers or the content of their website, mobile pages, social media pages, information, messages or offers. Members are wholly liable for all communications with advertisers and for all transactions subsequently executed.
12- Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Company used herein are trademarks or registered trademarks of Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
13- Termination and Registered Customer Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your account. In the event Company terminates these Terms, or your access to our Service, or deactivates or cancels your account, you will remain liable for all amounts due hereunder. You may cancel your account at any time.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT ANY SITE, APPLICATION, SERVICE, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD COMPANY HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.
15- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUR OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM A GOOD OFFERED FOR SALE, EXCEED THE AMOUNTS PAID TO COMPANY IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service or content, or your violation of these Terms; (b) your Content; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that you or your Content caused damage to a third party. Company shall have the right to control all defense and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Company by posting to the website or via the application. For notices or communications by Company made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.
19- Controlling Law and Jurisdiction
You agree that (i) the Services shall be deemed solely based in [STATE], and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than [STATE]. These Terms shall be governed by the internal substantive laws of the State of [STATE], without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in [CITY, STATE] for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
These Terms are intended to govern the agreement between Company and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
21- International Members
Company makes no claim that the Service or content are appropriate or may be downloaded outside the United States. If you access the Services from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Services. You may submit feedback by emailing us at support@[companyURL].com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The failure of Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
24- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Service and content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.
© 2019 Vision Science Labs, Inc. All rights reserved.