Terms of Service – VisionX Tech SM
VisionX Sports LLC (“VisionX,” “we,” or “us”) provides individual athletes and teams in the United States with online vision training services to enhance dynamic visual acuity, eye-hand coordination, tracking, reaction time, visualization, balance & coordination, peripheral vision and depth perception through pre-recorded instruction and exercises that you access through its subscription service (the “Service”). By subscribing to the Service or by visiting, browsing or using this website (“Site”) or the Service in any way, you accept and agree to be bound by these Terms of Service (“Terms”) which form a binding agreement between you and VisionX.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 22). BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND VISIONX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
VisionX may update these Terms at any time, in our sole discretion. If we update the Terms, we will let you know by, at a minimum, posting the updated Terms on this Site and/or through the Service. Your continued use of the Service after the new version of the Terms are posted constitutes your acceptance of the new Terms.
1. Eligibility. You must be at least 18 years old and a resident of the United States to subscribe to, access, and use the Service. However, if you are the parent or legal guardian of an athlete under the age of 18, you may subscribe to the Service for that child and you are subject to these Terms and responsible for that child’s activity on the Service. If you are the authorized representative of a team with athletes, you may also subscribe to the Service on behalf of the team so that the members of your team may access and use the Service and you will be responsible for the team members’ activities on the Service. VisionX may, in its sole discretion, refuse to offer the Service to any person, team or entity and change the eligibility criteria at any time. The Service is offered for your personal, non-commercial use, or that of the individual team members for whom you have acquired the subscription.
2. Service. The Service is intended for use in the United States. Registration for, and use of, the Service is otherwise void where prohibited. To use the Service, you must subscribe to it on the Site and create only one account by providing your name, email address, mailing address, phone number, creating a username and password, and paying the subscription fee with a credit card. Subject to your compliance with these Terms and for so long as you are permitted by us to access and use the Service, VIsionX grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed. You may view the on-demand videos and download instructions (collectively, “Content”) available on the Service and receive scores for your performance on the various evaluations of your vision that are contained in the Service. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or us.
You may not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Service, or otherwise attempt to discover the source code, underlying trade secrets, user interface techniques or algorithms of, nor take any measures to interfere with or damage, the Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by VisionX in these Terms are reserved.
We may collect data about you and your use of the Service when you interact with the Service as permitted by the Terms. We may use this data in an anonymized manner to support, monitor and improve the Service but we do not sell or give your data to any third parties. For more about the data we collect and what we do with it, please review the Privacy Policy.
3. Subscription Payment. All subscription fees and purchase prices for equipment listed on the Service are in US dollars and exclude taxes. All subscription and purchase payments are non-refundable. You will be charged in advance on a recurring and periodic basis (monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. At the end of each subscription period, your subscription will automatically renew for the same duration unless and until you or VisionX cancels the subscription. You agree and authorize us to charge you applicable sales tax or other related taxes which may vary from time to time. You will receive an email reminder of the renewal at least 30 days before the effective date of the renewal. Payment may only be made with a valid credit or debit card. In order to subscribe to the Service, you will be asked to provide payment information in the Service including your billing account information. You agree that all of the information you provide will be current, accurate, and complete, and that it may be stored by our payment processing service in order to facilitate your payments. Only you (or your team members, if a team subscription) may use your account. You may not authorize others to use your account or assign your account to any other person or entity and so you acknowledge that we are not responsible for third party access to your account from theft or misappropriation of your username and password.
4. Required Product Purchase. In order to use the Service, you will initially need to purchase a set of basic equipment that is needed as part of the visual training exercises contained in the Service. That initial purchase will be charged separately to you at the beginning of the subscription. The equipment will be provided to the shipping address you provide in your subscription registration.
5. Account Security & Responsibility. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account, including giving your username and password to third-party developed applications to connect to your account for any reason. You must keep your password confidential, and if you are using a device that others have access to, log out of your account after using the Service. If you become aware of an unauthorized access to your account, change your password and notify our support team immediately.
You agree not to do any of the following:
Use, display, frame or mirror the Service or any element of it, VisionX’s name, any of our trademarks, logos or other proprietary information or the layout and design of any page in the Service without our prior express written consent;
Attempt to probe, scan or test for any Service vulnerability, or breach any security or authentication measures;
Bypass, remove, impair, or otherwise circumvent any measure implemented by us or any of our providers to protect the Service or Content;
Bypass any territorial restrictions, including IP address-based restrictions applied to the Service;
Attempt to access, scrape or search the Service or Content other than with generally available third-party web browsers; or
Copy, use, index, disclose or distribute any information or data obtained from the Service, whether directly or through third parties.
7. No Warranties. TO THE MAXIMUM EXTENT PERMITTED, VISIONX, ITS LICENSORS AND AFFILIATES, PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT. VISIONX DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, FREE OF ERRORS, BUGS OR THAT IT WILL MEET ALL OF YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT NO SOFTWARE OR WEBSITE, INCLUDING THE SERVICE AND OUR WEBSITE, WILL BE FREE OF DATA BREACHES OR CYBER ATTACKS.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED, VISIONX, ITS LICENSORS AND AFFILIATES, WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR PERSONAL INJURY, DATA LOSS OR CORRUPTION, SERVICE INTERRUPTIONS, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED, VISIONX, ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY IN CONNECTION WITH USE OF THE SERVICE FOR MORE THAN THE VALUE OF ONE MONTH OF SUBSCRIPTION FEES OR, IF YOU HAVE NOT PAID FOR THE SERVICE, THE AMOUNT OF $10.
9. Safety Warnings. THE SERVICE PROVIDES VISUAL TRAINING INFORMATION AND EXERCISES DESIGNED FOR EDUCATIONAL AND FITNESS PURPOSES ONLY. YOU SHOULD CONSULT WITH AN EYE CARE PROFESSIONAL IF YOU HAVE ANY NEGATIVE EFFECTS FROM THE SERVICE OR ANY PROBLEMS WITH YOUR VISION GENERALLY. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND VISIONX MAKES NO WARRANTY OF ANY KIND AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. THE SERVICE INCLUDES SOME CONTENT THAT HAS FLASHING LIGHTS. THIS MAY TRIGGER SEIZURES OR OTHERWISE AFFECT SOME PEOPLE WITH PHOTOSENSITIVE EPILEPSY OR OTHER PHOTOSENSITIVITIES.
10. Indemnification. You agree to indemnify, defend and hold harmless VisionX and its licensors, affiliates and related entities, present or past, and its/their respective past, present and future managers, members, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”) from and against all claims, damages, losses, and costs (including reasonable attorneys’ fees) that arise from or relate to (a) your use of, or inability to use, the Service and/or Content, including personal injury; (b) your violation of these Terms, or applicable laws. VisionX reserves the right, at its cost, to assume exclusive control of the defense of any claim subject to your indemnification and you must fully cooperate with VisionX in asserting any available defenses. An Indemnified Party may, at its cost, participate in the defense with its own attorneys. You will not settle any claim that adversely affects or imposes any obligation on an Indemnified Party without that party’s prior written consent.
11. Intellectual Property Acknowledgement. You acknowledge that the intellectual property contained in the Service and Content are owned or licensed by VisionX. All Content is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide. You agree not to copy, post, transmit, publicly display, create derivative works from, distribute or make commercial use of VisionX’s confidential information, copyrighted works, trademarks, or other proprietary information accessible in the Service.
12. Linked Websites. The Site may contain links to websites controlled by third parties (each a “Linked Website”). We may work with a number of partners and affiliates whose sites are linked to our Site but we are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Linked Website, any website accessed from a Linked Website, or any changes or updates to such sites. We make no guarantee about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Linked Website. Any Linked Website link in our Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Website. You acknowledge that you bear all risks associated with access to and use of content provided on a Linked Website and agree that VisionX is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Linked Website if you have any concerns regarding links or content located on any such Linked Website.
13. Communication with You. We may use the email address that you provided for your account to send you messages notifying you of changes to the Service, Content or special offers. We may also call you if you provide use with your phone number, in order to communicate with you about the Service. If you do not want to receive email or calls, please refer to our Privacy Policy to review your options.
14. Term and Termination. These Terms become effective as a legal agreement between you and VisionX when you accept the Terms by using the Service. That agreement remains in effect, as the term may be amended from time to time, until it is terminated according to this Section. Either you or VisionX may terminate your subscription at any time for any reason or no reason, with or without explanation, by sending written notice to the other party. VisionX may also immediately suspend, disable, or terminate your account, for any lawful reason, including if we determine that you have violated these Terms or that your conduct would tend to damage our reputation or goodwill. We also reserve the right to remove your account information and content from the Service if your account is terminated. You may terminate your subscription at any time by using the cancellation link in your account. No prepaid subscription fees will be refunded. The following sections survive termination: 7-11, 18-24.
15. DMCA Notice. If you believe that your copyright work has been copied in a way that constitutes copyright infringement and is accessible on the Service, you may seek the removal of that content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to VisionX DMCA, 3965 75 th Street #105, Aurora, Illinois 60504 or info@visionxsports.com.
16. No Third-Party Beneficiaries. These Terms are for your sole benefit and nothing in the Site or these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
17. Assignment. VisionX may assign or otherwise transfer any or all of its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
18. Partial Invalidity. In the event that any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
19. Governing Law and Binding Arbitration. These Terms are governed by the laws of the State of Illinois but that does not exclude or supersede consumer rights and remedies under mandatory consumer protection laws in the jurisdiction where you reside. Subject to all applicable laws, you are agreeing to give up: (a) your right to litigate any claims that may arise under these Terms in court or before a jury; and (b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us shall be solely and finally settled by arbitration before a single arbitrator administered by ADR Systems in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court with proper jurisdiction. The arbitration shall take place in or from Dupage County, Illinois. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs; provided, however, that the prevailing party shall be entitled to reimbursement for its actual costs incurred, including reasonable attorney’s fees. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms and survives the termination of your subscription to and your use of the Service.
20. Before Arbitration. Before going to arbitration, you must give VisionX an opportunity to resolve any claim or dispute you may have regarding any aspect of your relationship with VisionX, under any legal theory, including your name, address, description of your dispute or claim, and description of what remedy you are seeking to VisionX, 3965 75th Street #105, Aurora, Illinois 60504. If VisionX does not resolve your dispute or claim within 60 days after receiving your notification, you may pursue arbitration.
21. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
22. Class Action Waiver. You may not participate with any other subscriber or user of the Service in a class action or consolidated proceeding.
23. Injunctive Relief. If you violate these Terms you may cause irreparable harm to VisionX and so you agree that VisionX may seek injunctive relief in court, including temporary restraining orders, preliminary injunctions, and permanent injunctions without the need to post bond or other security, in addition to any other legal remedies that VisionX may have for breach of these Terms.
24. Entire Agreement. These Terms shall, collectively, be deemed a final and integrated agreement between you and us with respect to their subject matter.
25. Force Majeure. Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.