TOS and PP | Draft VSL 10/9/2023

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 business selling vision training products through www.visionsciencelabs.com and other related domain, mobile, social, and websites 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.

Please read carefully these Terms and our Privacy Policy, which may be found at www.visionsciencelabs.com/terms-of-service, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to continue using the Service.
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.

2- Modification
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.

5- Payments
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 at least 18 years of age, are authorized to submit a registration, and are authorized to accept the Terms of Service and Privacy Policy for yourself and on behalf of any other entity you represent.

- 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.

7- Ownership

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.

10- Links
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.

11- Advertisements
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.

14- Disclaimers
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.

16- Indemnification
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.

17- Assignment
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.

18- Notices
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 California, 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 California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in Palo Alto, California 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.

20- Severability

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.

22- Feedback
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 contact@visionsciencelabs.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.

23- General
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.

Vision Science Labs Inc. PRIVACY POLICY

(Last Updated July 12, 2020)

Vision Science Labs, Inc. (https://visionsciencelabs.com or any site with associated domain), as well as any present or future affiliated or related application, website or company (collectively “Company” or “we”), recognizes the importance of your privacy. This privacy policy tells you what personal information we collect and how we use it. Company may change this privacy policy from time to time, in its sole discretion, as discussed in section 7 below. By using or visiting any Company website, application, product, software, tool, data feed, and/or service (collectively the "Service"), you understand and agree to the terms of this privacy policy.

1. What Information Do We Collect?

a. Personally-Identifiable Information: We may collect personally identifiable information when you specifically and knowingly provide it to us, for example when you request support, register an account, or provide personal information such as your e-mail address, name, phone number, year of birth, or other information. Where applicable, personally identifiable information includes “personal data” as defined in applicable law, “personal information” and/or “sensitive personal information” each as defined in applicable law. Personally identifiable information that relates to your past, present, or future physical or mental health or condition is considered “protected health information” or “PHI”. We ask that you not disclose to us any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, criminal background or trade union membership) on or through Services or otherwise. If you do send or disclose any sensitive personal data to us, you consent to our processing and use of such sensitive personal data in accordance with this policy.

We employ administrative, physical, and technical measures designed to protect personally identifiable information under our control from unauthorized access, use, and disclosure. We provide some aspects of our Services through contracts with third parties such as cloud hosting, management consultants, quality assurance systems, analytics providers, and billing and collection services. We may share your personally identifiable information with such third party service providers so that they can perform the jobs that we have asked them to perform. We require all of our third party service providers to sign written agreements requiring that they appropriately safeguard your personally identifiable information and use it only as we direct. When you provide or update your payment information, we transmit it via an encrypted connection to Stripe, a TPS. Stripe uses and processes your payment information in accordance with Stripe’s Privacy Policy. We don’t store your payment information, other than your zip code and country, which we require for billing and to comply with tax and other government regulations.

This privacy policy does not apply to the privacy practices of third parties that we do not own or control, including but not limited to any third party websites, services, applications, online resources to which the Service may link or otherwise reference (collectively “Third Party Services” or “TPS”) that you may access through the Services. We take no responsibility for the content or privacy practices of any TPS. We encourage you to carefully review the privacy policies of any TPS you access.

You may have the option to register using a TPS or connect your account to a TPS such as Instagram, Facebook, Twitter or YouTube. By authorizing us to access your TPS account, you understand that we may obtain certain information from your TPS account, you authorize us to obtain certain information from your TPS account, which may including your name, email address, birthday, work history, education history, current city, shared media, and the names, profile pictures, relationship status, and current cities of your TPS contacts. We only obtain information from your TPS account that you specifically authorize and grant us permission to obtain.

Company does not consider personally identifiable information to include information that has been anonymized so that it does not reasonably allow a third party to easily identify a specific individual or household. We collect and use your personally-identifiable information to: provide the Services; operate and improve our Service; provide customer service; perform research and analysis aimed at improving our products, Service and technology; and display content that is customized to your interests and preferences.

You may always choose not to provide personally identifiable information, but if you so choose, certain parts of the Service may not be available to you. If you have registered an account with us, you will have agreed to provide your personally identifiable information in order to access the Services. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this privacy policy, please do not use our Services.

b. Non-Personally-Identifiable Information: We may collect and aggregate non-personally identifiable information which is information which does not permit you to be identified or identifiable either by itself or in combination with other information available to a third party. This information may include information, such as a website that referred you to us, your IP address, log data, browser type and language, hardware types, geographic location, and access times and durations. We also may collect navigational information, including information about the Service content or pages you view, the links you click, and other actions taken in connection with the Service.

c. Cookies, Pixels and Local Storage: We may collect information using “cookies”, which are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience when using the Services.

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits any site or application that is party of the Services; and (2) third party cookies, which are served by service providers on sites or applications and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Type of cookie | Purpose

Essential Cookies | These cookies are essential to provide you with services available through the Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of the sites or applications and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Functionality Cookies | These cookies allow the Services to remember choices you make when you use a site or application, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of your account, or preferences. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Services.

Analytics and Performance Cookies | These cookies are used to collect information about traffic to the Services and how users use the Services. The information gathered does not identify any individual user. The information is aggregated and anonymous. It includes the number of users to, the websites that referred them, the pages visited, what time of day they visited, whether they have visited before, and other similar information. We use this information to help operate the Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services.

We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how the Services work. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies

You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.

You can prevent the use of Google Analytics relating to your use of the Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB

Social Media Cookies | These cookies are used when you share information using a social media sharing button or “like” button on any site or application for the Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. If you do not accept our cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you use the Services.

Pixel Tags

We may also use pixel tags (which are also known as web beacons and clear GIFs) on the Services to track the actions of users on our sites and applications. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Services, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.

Do Not Track Signals

Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do respond to do not track signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

2. What Do We Do With The Information That We Collect?

Except as disclosed in this privacy policy, Company does not share or sell your personal information to any outside parties.

a. Company will use the personally identifiable information directly provided by you solely for the purpose for which you have provided it, which may include:

· to access a free trial, operate, maintain, and improve the Services;

· to manage your Account, including to communicate with you regarding your Account;

· to share it with a third party that has authorized or is paying for your use of the Service, as specifically approved by you;

· to operate and administer any proposals, events, or promotions you participate in on any site or application;

· to respond to your comments and questions and to provide customer service;

· to send information including technical notices, updates, security alerts, and support and administrative messages;

· with your consent, to send you marketing e-mails about new proposals, opportunities, upcoming events, and other news. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your Account with us (if you have one) and our business dealings with you;

· to process payments you make via the Services; and

· as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce this privacy policy, our Terms of Service, or resolve disputes; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.

We may share this information with service providers who perform services on our behalf, such as those listed above or other services like processing information requests, providing security services, displaying stored data you access, to assist us in marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service they provide, will be required to maintain the confidentiality of the information, and will be prohibited from using it for any other purpose.

We may also use information you provide to better serve you, and, if you have given your consent for us to do so, to send you email or text messages concerning offers from our partners and other third parties that we think may be of interest to you. If you do not wish to receive marketing emails, you may adjust your “Personal Information Preferences” as described below or follow the “unsubscribe” or “stop” instructions included within each communication.

We will only retain your personally identifiable information as long as reasonably required to provide you with the Services unless a longer retention period is required or permitted by law (for example, for regulatory purposes). Data collected via the YouTube API will be retained for a maximum of 30 days unless required to provide you with the Services or a longer retention period is required by law.

You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) our collection of sensitive personal data; (iii) any new processing of your personal data that we may carry out beyond the original purpose; or (iv) the transfer of your personal data outside the European Economic Area (if it originates from the EEA). Please note that your use of some of the Services may be ineffective upon opt-out.

b. Disclosure: As a general rule, Company will not disclose any of your personally identifiable information except under one of the following circumstances: we have your permission; we determine in good faith that it is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena; it is information that we determine must be disclosed to correct what we believe to be false or misleading information or to address activities that we believe to be manipulative, deceptive or otherwise a violation of law; where you are otherwise notified at the time we collect the data; where we need to share your information to provide the product or service you have requested; when such disclosure is made subject to confidentiality restrictions in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by Company. Company may share the non-personally identifiable information that Company gathers, in aggregate form only, with advertisers and other partners.

3.  Your Rights

Consistent with applicable law, you may exercise any of the rights described in this section. See here for information on personal data rights requests and how to submit a request. Please note that we may ask you to verify your identity and request before taking action on your request.

a. Managing Your Information. If you have an Account, you may access and update some of your information through your Account settings. If you have connected your Account to a TPS you can change your settings and remove permission for the TPS app by changing your Account settings. You are responsible for keeping your personal information up-to-date.

b. Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Account, if any).

c. Data Access and Portability. In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

d. Data Retention and Erasure. We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:

· We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an Account for fraud or safety reasons, we may retain certain information from that Account to prevent that user from opening a new Account in the future.

· We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, for tax, legal reporting and auditing obligations.

· Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on or through the Service, even after your Account is cancelled. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.

· Because we maintain the Service to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

e. Withdrawing Consent and Restriction of Processing. If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to us specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to the next section and pending the verification whether our legitimate grounds override your own.

f. Objection to Processing. In some jurisdictions, applicable law may entitle you to require us not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask us to cease processing your data for these direct marketing purposes by sending an e-mail to .

g. Lodging Complaints. You have the right to lodge complaints about our data processing activities by filing a complaint with us via the “Contact Us” section below or with a supervisory authority.

4. Children's Policy

The Terms of Service clearly provide that Users must be (i) 18 or older, or (ii) 13 and older if either (a) an emancipated minor, or (b) he/she possess legal parental or guardian consent. Company does not knowingly collect personally identifiable information from users under 13. In the event that we learn that we have collected any personal information from a user under the age of 13, we will attempt to identify and delete that information from our database.

5. California Privacy Rights

California law permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact Us” section below for where to send such requests.

6. International Usage

The Service is owned by Company and may be accessed in the United States and abroad. For data protection purposes, Company is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction. If you are located outside of the United States, please note that the information you provide to us may be transferred to the United States. By using the Service, application and/or website, you consent to such transfer. We will take reasonable steps to ensure that your data is treated securely and in accordance with this privacy policy.

7. Security and Encryption

We follow generally accepted industry standards to help protect your personal information. No method of transmission over the internet, mobile technology, or method of electronic storage, is completely secure. Therefore, while we endeavor to maintain physical, electronic, and procedural safeguards to protect the confidentiality of the information that we collect online, we cannot guarantee its absolute security. Our Service has security measures in place designed to protect against the loss, misuse and alteration of the information under our control. We use standard Secure Socket Layer (SSL) encryption that encodes information for such transmissions. All Service information is maintained on secure servers. Access to stored data is protected by multi-layered security controls including firewalls, role-based access controls and passwords. You are responsible to keep your password secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at contact@visionsciencelabs.com.

All credit cards, debit cards or bank account information submitted by you is securely processed directly with Stripe.com and is stored using application level Advanced Encryption Standard (AES) 128-bit encryption over secure HTTPS connections. None of our company’s internal servers are able to view or obtain plaintext card numbers.

8. Changes to This Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “last updated” date at the top of the policy. If there are material changes to this statement or in how we will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our websites or applications.

9. Contact Us

For general inquires or to lodge a complaint, email us at , or by mail to VSL Inquiries, 2225 E Bayshore Rd #100, Palo Alto, CA 94303.

To opt-out of use of your data for direct marketing, email us at .

To deactivate your Account, go to your Account, click Settings, and then click Deactivate my Account.

Deactivating an Account and an Account deletion request are two different things. When you choose to deactivate your Account, you can reactivate it at a later date if you wish; when you delete your Account, no deleted information can thereafter be recovered. You can request permanent deletion of your personal data and closure of your Account at any point by submitting a deletion request to . We may ask you to verify your identity before taking action on your request. Please include the subject line “Personal Data Right Request - Deletion Request”, and your country of residence.

To access your data, you can visit the Dashboard of your Account. If you would like to get a copy of some or all of the personal data we hold about you pursuant to applicable law, you can send us an email to. Please note that we may ask you to verify your identity before taking further action on your request. Please include the subject line “Personal Data Right Request - Access Request”, provide us your country of residence, and provide as much information as you have regarding the data you would like a copy of.

To exercise a right to portability under applicable law, please email us at and include the subject line “Personal Data Right Request - Portability Request” and your country of residence.

To object to our processing of some of your personal data where allowed under the laws of the jurisdiction where you reside, you may request that we not process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing, or such processing is required for the establishment, exercise, or defense of legal claims. You may exercise your rights to object to processing by sending us an email to . Please include the subject line “Personal Data Right Request – Processing Objection” and your country of residence.