Privacy Policy

Effective Date – October 1, 2019

VCS RX Eyewear (“Company,” “us,” “we,” or “our”), is committed to respecting the privacy rights of our customers and visitors to our website located at www.vcsrxeyewear.com and the other websites that are owned or controlled by the Company on which this Privacy Policy is posted (collectively, the “Site”). We created this Privacy Policy (“Privacy Policy”) to help give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. By accessing, visiting or using the Site, you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. Please note that if you disagree with anything in this Privacy Policy, you should not use the Site. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Use located on our Website.

1.Types of Information Collected Through the Site.

A. Information You Directly and Voluntarily Provide to Us. If you are a visitor to the Site, we may collect information that you provide to us when you communicate with any of our departments such as customer service , or when you complete online forms or surveys provided on the Site. You may also choose to provide your email address to us if you would like to receive additional information about the Site and the products and services that the Company offers. If you want to become a registered user of the Site, access certain premium services offered through the Site or make a purchase through the Site, you will be required to provide certain information. This information will include your first and last name, mailing address, and email address. In addition, if you purchase any products through the Site, you will be asked to provide your payment account or credit card information, your eye glass prescription data and certain measurements regarding your eyes, vision, vision health, and needs for eyeglasses, and you may also elect to provide photographs if you use the Virtual Try-On (“VTO”) service.

B. Information Automatically Collected Through the Site. We may automatically collect information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer. We may automatically collect information from you when you use the Site using “cookies” and other similar technologies, such as web beacons, to automatically collect information about you when you use the Site. Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time. Information that may be collected by cookies when you use the Site may include, without limitation:

1. the pages you visit within the Site;
2. the date and time of your visit to the Site;
3. the amount of time you spend using the Site;
4. mouse clicks and movement and keystrokes used on the Site;
5. the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
6. your computer and connection information such as your browser type and version, operating system and platform. You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to log in to the Site or to use certain features of the Site. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

C. Information Collected by Third Parties through Third Party Links and Content. The Site may include links to other websites and other content from third party businesses. These third party businesses may use cookies, web beacons or other similar technology to collect information about you. The Company does not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use. We are not responsible for the privacy practices of these third parties or the content on any third party website. You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click while on our Site (see section 3 below for additional information about Online Advertising).

D. Information Collected by Third Party Analytics Services. We may work with third party analytics services to help us understand how the Site is being used, such as tracking the frequency and duration of use of the Site. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect information about your use of the Site. Google and these analytics services may use cookies to collect information about the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information generated by these cookies about your use of the Site will be transmitted to and stored by the applicable analytics services. The information collected by these analytics services allows us to analyze your use of the Site.

E. Information You Share on Third Party Websites or through Social Media Services. The Site may include links to third party websites and social media services where you will be able to post comments, stories, reviews or other information. Your use of these third party websites and social media services may result in the collection or sharing of information about you by these third party websites and social media services. We encourage you to review the privacy policies and settings on the third party websites and social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those third party websites and social media services.

F. Information You Post on the Site. If you post information on public areas of the Site that information may be collected and used by the Company, other users of the Site, and the public generally. We strongly recommend that you do not post any information through the Site that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

G. Information You Provide to Payment Processors. All payments made through the Site are processed by our third party providers. All information collected by these third party providers for purposes of processing your payments is not available to us, unless you have otherwise provided this information to us in connection with your use of the Site.

2. How We Use the Information We Collect.

A. Order Fulfillment and Customer Service. We use the information we gather through the Site to process orders you place through the Site or respond to requests or communications you send to us through the Site. We may also use the information we collect about you through the Site to help us better understand how the Site and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Site and our products and services to improve your experience.

B. Marketing Communications. If you have provided your email address to us, we may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving these emails from us, please follow the instructions contained in each email you receive from us which will allow you to opt-out of receiving further email marketing communications from us.

C. Sensitive Information. With regard to sensitive information you provide through the Site, such as information about your medical or health conditions, we will handle, process and share this information in accordance with all applicable legal and regulatory requirements.

D. Renewal Reminders. When placing on order for glasses through the Site, you will have the ability to opt-in to receive “Renewal Reminders” from us. If you opt-in to receive Renewal Reminders, we will use the email address you have provided to us to send you reminders that your prescription (Rx) may require renewal. You will have the ability to choose whether you would like us to send you these reminders on a six, twelve, eighteen, twenty-two, or twenty-four month basis.

E. Online Advertising. The Company and third party businesses may use the information collected through the Site using cookies, web beacons, and other similar technologies to help manage online advertising programs. This information may enable us, as well as third-party advertising services and other third-party businesses to track the actions of users online over time and across different web sites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit www.aboutads.info/choices. In addition, some third party businesses may provide a mechanism to opt-out of their technology. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: www.networkadvertising.org/managing/opt_out.asp. Do Not Track: Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, the Company will not disable tracking technology that may be active on the Site in response to any “do not track” requests that we receive from your browser.

3. How We Share Your Information with Third Parties.

The Company shares your information with third parties in some circumstances as follows:

A. Third-Party Service Providers. We will disclose your information to our contractors, affiliates, distributors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as fulfilling orders you place through the Site, processing payments, operating and supporting the Site, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf.

B. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. We will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

C. Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Site to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

D. Aggregate Information. We may share information relating to users of the Site with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.

E. Our Affiliates. We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint venturers, or other companies under common control with us. If you opt-in to receive marketing communications from third parties, we may permit these entities to use your information for their own marketing purposes. If you would like us to stop providing your information to our affiliates for their own marketing purposes, you may opt-out by emailing us at privacy@zennioptical.com.

F. Third Party Marketing Partners. If you affirmatively opt-in to receive marketing communications from third parties, we may, from time to time, share the information you provide to us with selected third party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your information to our third party marketing partners, you may opt-out by emailing us at privacy@zennioptical.com.

4. Updating Your Information.

If you have created a user account through the Site, you will have the ability to access, update and correct the information you have provided in connection with your account by logging into your account through the Site.

5. Children Under Age 18.

The Site is not intended for children under age 18. We do not knowingly collect or distribute personal information that we collect directly from children under the age of 18. We may collect prescription information for children under the age of 16, and other information as necessary to effect payment for, and delivery of a product, if a parent or guardian of a child places an order for a child’s glasses through the Site. We will use this prescription information and the related payment and delivery information collected in the course of fulfilling that order only for fulfilling the applicable order, and only within the limits permitted by applicable law. We will treat this information in accordance with this Privacy Policy, except that Section 2B (“Marketing Communications”), and 2D (“Renewal Reminders”)

6. Security of Your Information.

We implement security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, the Company cannot guarantee or warrant the security of any information you transmit on or through the Site and you do so at your own risk. Still, the security of your personal information is important to us. When you enter sensitive information on our site, we encrypt the transmission of that information using secure socket layer technology (SSL). Please remember that you play a valuable part in security as well. Your password to access our Site, which you select at registration, should never be shared with anyone and should be changed frequently. After you have finished using our Site, you should log off and exit your browser so no unauthorized persons can use our Site with your name and account information.

7. Deletion of Your Account.

Should you require any assistance or encounter any difficulty in deleting or de-activating your account, you may contact us via email at the email address listed on our site, and we will make commercially reasonable efforts to respond to your request within 24 business hours. Please be aware that even after your Account is terminated or deleted some or all of your information may still remain visible to others, including but not limited to any information that has been: (a) incorporated into others user's content, comments, postings, submissions, including but not limited to Course comments ; (b) copied, stored or disseminated by other users; (c) shared or disseminated by you or others such as in a public posting; or (4) posted on a third party platform. Termination of your account will not result in the removal of information collected and already put in aggregate form or information that cannot, in our sole discretion, be removed without undue burden to us. Even after you delete your account or your account is otherwise terminated, we may retain your information as long as we have a legitimate purpose to do so and in accordance with applicable law. We also may retain backup copies of your information on our servers or databases (and/or any authorized third party servers or databases we use) for legitimate purposes such as assist with any legal obligations, resolve disputes, and enforce Our agreements. Such information may be disclosed pursuant to this Privacy Policy regardless of whether your account is deleted or terminated.

8. Special Information for California Residents.

If you are a California resident under the age of 18 and you are a registered user of the Site, you may request that we remove content or information that you posted on the Site or stored on our servers by (a) submitting a request in writing to the email address listed on our site and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posed, stored, or republished by another user; (iii) the content or information is anonymized so that the minor cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of such content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain applicable content or information.

9. How to Contact Us.

If you have any questions or complaints regarding this Privacy Policy, please contact us as described by sending an email to the email address listed on our site.

Website terms of Use

Effective Date – October 1, 2019

Terms of Use

These PDS Consultants Inc, dba ShopVCS Online Terms of Use (these “Terms of Use”) apply when you access, use or visit our Website located at www.vcsrxeyewear.com including subdomains (the “Site”, the “Website”), or the services we provide through the Site (the Site and these services constituting the “Service”, “Services”). The Service is provided to you by PDS Consultants Inc, dba ShopVCS Online (“Company,” “we,” “us” and “our”). We prepared these Terms of Use to help explain the terms that apply to your use of the Service.  Do not use the services provided by this Site if you do not agree with all of the terms located within the “Terms of Use” or “Privacy Policy” located on our Website. BY UTILIZING THE WEBSITE OR THE SERVICES YOU ARE AFFIRMATIVELY ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS OF USE YOU ARE AGREEING TO THESE TERMS OF USE, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.

Notice Regarding Dispute Resolution and Your Right to Opt-Out: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 15 below).  All claims must be resolved by binding arbitration.  You agree to give up your right to go to court to assert or defend your rights under these terms.  Your rights will be determined by a neutral party arbitrator and not a judge or jury.  Your claims cannot be brought as a class action. You will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. UPDATES TO THESE TERMS OF USE.

   • We may modify these Terms of Use from time to time to accurately reflect developments in current law and our business operations. No notification other than the “Effective Date” at the top of this page will be provided.  Terms of Use should be reviewed regularly.  If you continue using the Service after the new terms take effect, you will be bound by the current Terms of Use.

2. PRIVACY POLICY.

   • In connection with your use of the Service, please review our Privacy Policy, located on our Website, to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

3. AFFIRMATIVE REPRESENTATIONS REGARDING YOUR USE OF THE SERVICE.

   • When you use the Service, you represent that:
     1. any information you submit is truthful and accurate;
     2. your use of the Service and your use of services available on the Service do not violate any applicable laws or regulations;
     3. you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use.

4. USER ACCOUNTS AND REGISTRATION

   • User Registration.
     1. You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to view pricing, place an order, view an order, track an order, save your favorites, save your recently viewed items or save your prescription information, unless you are a registered user of the Service.  You can sign up to become a registered user of the Service by completing the registration process on our Website. If you sign up to become a registered user of the Service, you agree:
        • to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”);
        • to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) that you will comply with the rules governing Contributions in Section 8(A) below.
   • User Accounts.
     1. If you become a registered user of the Service, you will be required to create a user I.D. that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not:
        • select or use as a user I.D. a name of another person with the intent to impersonate that person;
        • use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or
        • use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion.
     2. You will be responsible for maintaining the confidentiality of your user I.D. and password. The Company shall not be liable for any loss that you incur as a result of someone else using your user I.D. or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company due to any unauthorized use of your user I.D. or password.

5. TERMS OF SALE

   • Placing an Order Through the Service
     1. Order Information.
        • In order to place an order through the Service, you must provide us with applicable order information. This order information includes:
          1. your full name and correct and complete address and shipping information,
          2. your phone number & e-mail address,
          3. payment information,
          4. your frame selection,
          5. your lens type, tints, and coatings,
          6. your pupillary distance (PD),
          7. your applicable prescription (Rx) information,
          8. your segment height (if applicable)
          9. certain demographic data
        • IF YOUR PRESCRIPTION HAS EXPIRED OR IS MORE THAN TWO YEARS OLD, WE RECOMMEND THAT YOU CONFIRM IT WITH YOUR DOCTOR OR EYE CARE PROVIDER PRIOR TO SUBMITTING AN ORDER. Your order information is saved in your user account for future use.
        • 24 Hour Hold Period; Changes to Your Order. After placing an order, you will have twenty-four (24) hours to revise and update the order information you have provided. Following this twenty-four (24) hour period, you will not be able to revise or update your order information, and we are not responsible for any data entry errors that you made when submitting your order information.
        • Most orders placed for delivery in the United States are shipped from Kentucky or Florida. Delivery outside the United States is not available.  Orders are usually shipped from these locations within 10 to 14 days from date of the order, depending on prescription type and other factors, and, as with all medical devices, your order is subject to government inspection, shipping delays, strikes and other unforeseeable events. Therefore timing of delivery, receipt of the order by you and other timing expectations might be delayed or impaired and orders can take longer than expected. We do not guarantee a specific delivery date.

6. Return Policy.

   • Please refer to our return policy located at https://vcsrxeyewear.com/shipping-and-returns/

7. Coupons/Special Sales.

   • “Coupons” and “Coupon codes,” “Sales,” “Free Shipping” and other special pricing and deals are as advertised only. Please read the specific terms for the applicable offer to understand what restrictions or limitations may apply in your jurisdiction. All special pricing and deals will begin and end on the date and at the time specified with the applicable offer. All valid coupons and coupon codes will be provided through the Service or through advertising sponsored by us. We do not have an obligation to honor any coupons or coupon codes that are posted on third party websites or otherwise provided by third parties.  Coupon codes are not be eligible for use with in store credit vouchers and cannot be combined with any other offers.

8. THIRD PARTY SITES.

   • The Service may contain links to Websites operated by third parties (“Third Party Sites”). For example, you can access our Facebook, Twitter and Instagram pages through links on the Service, and you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF USE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

9. RULES GOVERNING USER CONTRIBUTIONS; PROHIBITED ACTIVITIES; SOCIAL MEDIA GUIDELINES.

   • User Contributions. You may be able to submit comments and content to the Service, including uploading photographs in connection with the Virtual Try On service (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you provide on or through the Service. When you create or make available a Contribution on or through the Service, you represent and warrant that you:
     1. own or have sufficient rights to provide your Contributions on or through the Service;
     2. will not provide Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
     3. have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you provide on or through the Service;
     4. will not provide Contributions that:
        • are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
        • incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
        • contain material that solicits personal information from anyone under the age of 13 or exploits anyone regardless of age in a sexual or violent manner;
        • will not provide Contributions that contain advertisements or solicit any person to buy or sell products or services; and
        • will not provide Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
   • Prohibited Uses. You agree that in connection with your use of the Service, you will not:
     1. use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
     2. transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
     3. impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
     4. post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
     5. post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
     6. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
     7. circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 10) or enforce limitations on use of the Service or the Materials on the Service.
   • Social Media Guidelines. If you access or use any of our social media pages on Facebook, Pinterest, Twitter, Instagram or YouTube, we ask you to follow the following guidelines when contributing content or comments to these social media pages:
     1. Be Polite and Courteous. Excessive name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, will not be tolerated.
     2. Stay on Topic. Keep the conversation relevant to the community and contribute to the dialogue. We reserve the right to remove content that is off-topic, out of context, spam, promotional or links to third party sites.
     3. Keep It Real. All l postings should come from a real person. We will delete any postings from our social media pages that we believe have come from fake or anonymous profiles.
     4. Contact Us with Your Concerns. We would like to hear about your complaints or concerns regarding the Service before you share them on our social media pages so that we can help resolve them for you. If you are a customer and have a customer service comment, complaint, concern or idea, we encourage you to contact us using the contact options on our Website. We reserve the right to remove content you post on our social media pages that violates these social media guidelines.
   • RIGHTS IN CONTRIBUTIONS
     1. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
     2. Grant of License to Us for Contributions. By making a Contribution to the Service, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the Contribution in connection with the Service, our business, or the promotion of the Service or our business in any media formats and through any media channels now known or subsequently created.

10. OUR INTELLECTUAL PROPERTY RIGHTS.

    1. Except for your Contributions and the Contributions of other users of the Service, all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, including any trademarks owned by the Company and any logos owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

11. OUR MANAGEMENT OF THE SERVICE

    • Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to:
      1. monitor or review the Service for violations of these Terms of Use and for compliance with our policies;
      2. report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use;
      3. manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service;
      4. screen our users or members, or attempt to verify the statements of our users or members;
      5. monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Use; and/or
      6. refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof.

12. Our Right to Terminate Users.

    • WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION.

13. WARRANTY DISCLAIMER; LIMITATION ON LIABILITY

    • Disclaimer of Warranties.
      1. EXCEPT FOR OUR WARRANTY OBLIGATIONS SET FORTH IN SECTION 5(D)(II), TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND ALL CONTENT, MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS WE SELL OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OUR PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
      2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
         • ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS,
         • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
         • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
         • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
         • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR
         • ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
      3. YOU AGREE THAT PDS Consultants Inc, DBA SHOPVCS ONLINE SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE, RESULTING DIRECTLY OR INDIRECTLY:
         • FROM ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AGENCY, NATURAL DISASTERS, ACTS OF WAR, INSURRECTION OR TERRORISM, STRIKES OR LOCKOUTS, UNAUTHORIZED NETWORK OR COMPUTER INTRUSION, OR INTERNET- OR COMPUTER-RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY A THIRD PARTY, FAILURE OF THE INTERNET AND OTHER CONDITIONS BEYOND OUR CONTROL,
         • SOLELY FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE, OR
         • SOLELY FROM YOUR INTENTIONAL ACTS OR OMISSIONS.
      4. LIMITED LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
      5. EXCEPTIONS TO DISCLAIMERS AND LIABILITY LIMITATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 12(A) AND 12(B) MAY NOT APPLY TO YOU.

14. SEVERABILITY; WAIVER.

    • If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

15. U.S.A. BASED SITE.

    • The Service is controlled and operated by the Company from its offices in the State of Kentucky. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. Your use of or access to the Service should not be construed as the Company purposefully availing itself of the benefits or privileges of doing business in any state or jurisdiction.

16. LEGAL DISPUTES AND ARBITRATION AGREEMENT AND RIGHT TO OPT OUT

    Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
    • Initial Dispute Resolution. We are available by email at the email address listed on our Website to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
    • Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 15(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds One Thousand Dollars ($1,000.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by the Company if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
    • Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 15(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    • Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    • 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 15(B), 15(C), and 15(D) by sending written notice of your decision to opt-out to the email address listed on our Website. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
    • Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 15(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Kentucky  (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Kentucky for any applicable litigation other than small claims court actions.

17. NO MODIFICATIONS BY OUR EMPLOYEES.

    • If any of our employees offers to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

18. INDEPENDENT CONTRACTORS.

    • Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

19. ASSIGNMENT.

    • We may assign our rights under these Terms of Use without your approval.

20. CONTACT INFORMATION.

    • If you have any questions about these Terms of Use, your account or an order you have placed through the Service, please call us or email utilizing the “contact us” page on our website.