Terms and Conditions Statement

Welcome to The MyVisionTest.com ("MyVisionTest") Website.

In return for access to the information and services we have provided within this website, we require that you abide by the legal terms and conditions stated below. Please read these terms and conditions carefully, because by using this website, you are acknowledging and agreeing to them, without qualification or limitation. If you do not agree with these terms and conditions, you may not use this site.

Trademark Information

All names, logos, trademarks or service marks found on this website are owned or licensed by MyVisionTest.com ("MyVisionTest") or its affiliates, and may not be used without MyVisionTest's prior written approval. The trademarks of MyVisionTest belong exclusively to MyVisionTest or its licensors and are protected by U. S. and international trademark laws and treaties.

Copyright Information

Copyright © 2017 MyVisionTest. All Rights Reserved. All of the contents of this website are protected from copying and simulation under U.S. and international copyright laws and treaties. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other unauthorized use of this material is prohibited.

Limited License To Use Materials

  • Media outlets and other organizations are encouraged to use MyVisionTest information found in our press releases, newspaper inserts, marketing articles and website content. This includes using quotes, as well as partial and complete articles. We require that MyVisionTest be given credit for any of the information used. To use other MyVisionTest materials and information, please contact us.

  • Photos located in our press releases, newspaper inserts and marketing articles may be used without prior permission, however we do require that MyVisionTest be given credit by including the following phrase under the photo: Courtesy of MyVisionTest.com. If you would like to use any of the other photos located on this website or within other MyVisionTest materials, please contact us. Please note that the use of these photos are for the promotion of quality eye health care. MyVisionTest may at any time, and/or in its sole discretion, request that a photo obtained from MyVisionTest and placed on another party's website be removed, with or without cause. Upon such a request by MyVisionTest, the website owner agrees that it will immediately remove the photo(s) from its website.

  • We do not permit the intermingling of recommendations and/or advice attributed to MyVisionTest with any reference to a specific eye health care provider, pharmaceutical manufacturer, brand of pharmaceutical or pharmaceutical trade name(s) with the purpose of promoting these services, products or brands. Therefore, MyVisionTest may be mentioned in material that includes other products or brands, but only in separate references and may not be positioned as endorsing them.

  • MyVisionTest reserves the right to control any reproduction or adaptation of our copyrighted publications and materials. These include such items as our vision test computer software program. Permission to reproduce or adapt any of these materials will be determined on a case-by-case basis. Please contact us with your request.

Hyperlinks and Frames

This website may include hyperlinks to other independent websites. MyVisionTest is not responsible for the content posted on these independent websites and does not endorse or approve any products or information offered at these websites.

MyVisionTest may provide permission to other parties ("Linking Site Owner") to link their website ("Linking Site") to the MyVisionTest website pursuant to the following terms and conditions:

  1. Non-Exclusive Linking Agreement: MyVisionTest grants permission on a non-exclusive, non-transferable, royalty-free basis, for Linking Site Owner to provide a link from the Linking Site to the MyVisionTest website.

  2. Limited and Non-Exclusive License: MyVisionTest further grants a non-exclusive, royalty-free license for Linking Site Owner to use MyVisionTest's trademark, service mark and logo (collectively, the "Marks"), solely for the purpose of denoting and serving as a link from the Linking Site to the MyVisionTest website. Except for the Limited License to use the Licensed Marks granted in this paragraph, you may not use any of MyVisionTest's trademarks or service marks for any reason without MyVisionTest's prior written permission.

  3. Linking Site Owner hereby acknowledges and agrees that all rights to the Marks, the content of the MyVisionTest website, and its "look and feel" and/or trade dress are the exclusive intellectual property of MyVisionTest.

  4. Linking Site Owner further agrees that it shall not at any time directly or indirectly contest or infringe MyVisionTest's intellectual property rights set forth in paragraph 3 above.

  5. Linking Site Owner agrees that the Linking Site shall not:

    1. Create frames around the MyVisionTest website or otherwise alter its appearance unless prior written consent from MyVisionTest is had;

    2. Imply endorsement by MyVisionTest;

    3. Imply an affiliation with MyVisionTest (in the absence of MyVisionTest's written consent);

    4. Misrepresent Linking Site Owner's relationship with MyVisionTest or make false, deceptive, or disparaging statements about MyVisionTest, its business, or its products;

    5. Contain offensive, pornographic or other illicit materials that are unlawful or unsuitable for viewing by all age groups or persons.

  6. Linking Site Owner acknowledges and agrees that MyVisionTest shall have no responsibility or liability for any content that appears on the Linking Site.

  7. LINKING SITE OWNER UNDERSTANDS AND AGREES THAT LINKING TO THE MyVisionTest WEBSITE IS AT ITS OWN RISK, THAT THE MyVisionTest WEBSITE IS "AS IS" AND THAT MyVisionTest DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATIONS OF THE WEBSITE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, MyVisionTest WILL NOT BE LIABLE FOR DAMAGE OF ANY KIND ARISING FROM THE LINK TO, OR INABILITY TO LINK TO THE MyVisionTest WEBSITE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND OR CONSEQUENTIAL DAMAGES.

  8. Linking Site Owner agrees to defend, indemnify, and hold MyVisionTest, its officers, directors, employees and agents harmless from all third party claims, demands, liabilities or expenses (including reasonable attorney's fees), arising from Linking Site Owner's breach of any duty set forth herein or from any third party's use of the Linking Site.

  9. MyVisionTest may at any time, and/or in its sole discretion terminate permission to link to the website and license for the Licensed Marks, with or without cause. Upon such termination, Linking Site Owner agrees that it will immediately remove all links to the MyVisionTest site and cease all use of the Licensed Marks.

  10. You may frame this website only with the prior written consent of MyVisionTest.

  11. This agreement is made and shall be construed, under the laws of the State of Indiana excluding its conflicts of law rules. Further, Linking Site Owner hereby consents and agrees to the exclusive jurisdiction and venue of the Indiana Courts for all disputes arising under this Agreement.

Disclaimer of Warranty

MyVisionTest provides the information on this website free of charge, subject to these terms and conditions. While MyVisionTest makes reasonable efforts to ensure the information is accurate and up-to-date, MyVisionTest makes no warranties or representations, express or implied, as to the accuracy, completeness, or any other aspect of the information on this website and assumes no liability in connection with any use of this information. Nothing herein shall be construed as a recommendation or license to use any information found on this website that conflicts with any patent, trademark or copyright of MyVisionTest or others, and MyVisionTest makes no representations or warranties, express or implied that any use of this information will not infringe any such patent, trademark or copyright.

THIS WEBSITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

Limitation of Liability

NEITHER MyVisionTest, ITS SUBSIDIARIES OR AFFILIATES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, OR YOUR INABILITY TO ACCESS AND USE THIS WEBSITE, OR FROM DOWNLOADING ANY MATERIAL CONTAINED ON THIS SITE. NOR WILL ANY SUCH PARTY BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY: (i) INCOMPLETE OR INACCURATE INFORMATION; (ii) COMPUTER VIRUSES; (iii) SOFTWARE BUGS; (iv) HUMAN ACTION OR INACTION; (v) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; OR (vi) ANY OTHER ERRORS, FAILURE OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.

Submission of Materials

All comments, suggestions, ideas, graphics, photographs or other information or property that you transmit to MyVisionTest through this website become and will remain MyVisionTest's property and may be used by MyVisionTest anywhere, anytime and for any reason whatsoever. Any materials or information submitted to MyVisionTest will be treated as non-confidential and non-proprietary, and MyVisionTest will not have any obligation to use or evaluate any information it receives from you. You should rely solely on your rights under the patent, trademark, and copyright laws. The receipt or consideration of your information by MyVisionTest shall in no way impair MyVisionTest's right to contest the validity of your patent, trademark, or copyright.

Of course, you are not to transmit to this website any material which is unlawful, threatening, violent, abusive, harassive, degrading, defamatory, libelous, deceptive; fraudulent, or which may give rise to civil or criminal liability, infringe a third party's intellectual property rights, or otherwise violate any law or regulation. Even though MyVisionTest may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including - but not limited to - claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Use of Website; Compliance With Laws

MyVisionTest controls and operates this website from the Company's headquarters in Indiana, U.S.A. We do not imply that the materials published on MyVisionTest's website are designed or appropriate for use outside of the United States. If you access our website from outside of the United States, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of this website, you may not view or use this website.

Export Controls

You may not export or re-export any information or products received on a MyVisionTest website except in full compliance with all United States laws and regulations, including but not limited to, the United States Export Administration Laws and Regulations. Use contrary to those laws is prohibited. Neither the products, nor any information acquired through the use of a MyVisionTest website, may be acquired for, shipped, transferred, or re-exported, directly or indirectly to, proscribed or embargoed countries or their nationals or residents, nor may the products of information be used for nuclear activities, missile projects, chemical biological weapons, or terrorist activities, unless specifically authorized by the United States Government for such purposes. You are responsible for complying with any local laws in your country, which may impact your right to import, export or use the information or products found on MyVisionTest websites.

Forward-Looking Statements

Some of the information on this website may contain projections or other forward-looking statements regarding future events or the future financial performance of MyVisionTest. We caution you that these statements are only predictions and that actual events or results may differ materially.

Jurisdiction, Choice of Law and Forum

These terms and conditions and your use of this website shall be governed by and construed in accordance with the laws of the State of Indiana, U.S.A., excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions or your use of this website shall be the state or federal courts located in Evansville, Indiana, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Neither the existence of this website nor the accessibility of content of this website is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between MyVisionTest or its affiliates within any country or jurisdiction in which MyVisionTest or any affiliate does not already conduct business.

Severability and Integration

These terms and conditions constitute the entire agreement between you and MyVisionTest with respect to this website. If any part of these terms and conditions is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect.

Revisions and Consents

MyVisionTest reserves the right to revise this legal information at any time and for any reason. We also reserve the right to make changes at any time, without notice or obligation, to any of the information contained on this website. By entering this website, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically visit this page to review these terms and conditions.

Requests for MyVisionTest consents or approvals required under these terms and conditions should be directed to admin@myvisiontest.com.