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Terms of Service – Waggoner Diagnostics

Terms of Service

Please read these Terms of Use carefully before using the www.WaggonerDiagnostics.com website, owned and operated by Waggoner Color Vision Testing, LLC.



Our company provides the website and its related Services subject to the following terms and conditions. By accessing and using the website, all users, browsers, vendors, customers, merchants or contributors of content agree to be bound by these Terms, and any other Terms, conditions and policies referenced herein or available by hyperlink. If you disagree with any part of the Terms, then you may not access the website. 

If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Waggoner Diagnostics may modify, update, or discontinue these Terms, general practices, limits, features, tools, or fees at any time in its sole discretion. Your continued use of the website after any changes to these Terms of Use shall mean that you accept those changes. 

 

  • Return and Refund Policy

 

We give a 100% refund within 30 days of purchase minus shipping expenses as long as the product has never been used and is in brand new condition for color vision books (Ex. PIP24, CVTME, Quick Six, HRR) and the Waggoner Computerized Color Vision Test Tablet products on our website. We reserve the right to also charge a handling fee, which will be no more than the 20% of the price of the product. 

The Waggoner Computerized Color Vision Test (CCVT) as an application only, can be returned with a 100% refund upon confirmation of complete deactivation of the Waggoner CCVT on the end-user's computer.

To begin a refund, please contact Waggoner Diagnostics at support@waggonerdiagnostics.com and provide your order number and reason for return. Refunds will be made within 7 business days once the returned product is received.

  • Accepted Payment Methods

 

Waggoner Diagnostics accepts payments via www.WaggonerDiagnostics.com via Visa, Mastercard, American Express, Discover, Apple Pay, Google Pay, and Paypal. If you are interested in making larger purchases or are unable pay via credit card, please contact Waggoner Diagnostics at sales@waggonerdiagnostics.com. 

 

  • User Eligibility and Expected Behavior


This website is provided by Waggoner Color Vision Testing, LLC (“Waggoner Diagnostics”), and is available only to persons over the age of legal majority who can form legally binding agreements under applicable law, and who are authorized to act on behalf of the consumer. You may not use our website or its contents for any illegal or unauthorized purpose, or in violation of any laws of your jurisdiction.



The use of this website is a privilege available to registered users, and Waggoner Diagnostics has the right to immediately terminate a registration, at its sole discretion, for entities behaving unethically, illegally, or other behaviors that in the view of Waggoner Diagnostics are not in the best interests of the medical device and healthcare community. 

You may not log on to this website using a false identity, have a registered user log on for your, or mislead Waggoner Diagnostics as to the origin of your access.



  • General Conditions 

    Waggoner Diagnostics reserves the right to refuse access or service to anyone for any reason at any time. 


These Terms of Use govern your use of the website and all content, applications, records, services, visual images, documentation, user interfaces, financial transactions, and software (collectively, “Services”). Any breach or violation of any of the Terms will result in immediate termination of your access to these services.



You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, access to the Services, or any content on the website through which Service are provided, without express written permission by us.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) and may change to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


This site may contain certain historical information. Historical information is, necessarily, not current and is provided for your reference only. 



  • Products or Services

    We reserve the right to refuse any transaction that is in violation of these Terms and the laws of the Food and Drug Administration or your jurisdiction.



  • Fees, Billing, Account Information

    Any prices listed for medical devices are subject to change without notice. Any fee applicable to you, and any additional fees that may be incurred by you in a transaction, through the use of this website are governed by the Terms of Use. These rates and prices are hereby incorporated into your Terms of Use to the extent applicable.

    You agree to provide current, complete and accurate purchase and account information, and promptly update your account and other information including email and credit card information for all purchases and procurements made through this website, so that we may complete your transactions and contact you as needed.


  • Privacy Policy and HIPAA Compliance

    Any personally identifiable, business, or financial information that identifies you or can be used to identify, contact or locate someone from information on the website, is governed by these Terms of Use. Waggoner Diagnostics does not retain personal information, other than a basic user profile. This profile is a “cookie” stored on your computer to match with the information on our server upon login, to enhance and speed the user experience on the website, and to document references for billing, tracking and maintaining your historical record of transactions. Waggoner Diagnostics does not share this data, and no third parties have access to the data. The policy and practices are in compliance with EU 2016/679 General Data Protection Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with the regard to the processing of personal data and on the free movement of such data. 

 

  • Optional Tools

    We may periodically provide you with access to useful third-party tools, some of which may direct you to third party websites, which we neither monitor nor have any control or input. We are not responsible for any content or accuracy from those sites, and we provide access to such tools “as-is”, without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of these third-party tools.
  • Copyright and License 

    The Waggoner Diagnostics.com website consists of copyrighted material in its entirety, you may not copy, reproduce, reverse engineer, republish, modify, lease, loan, sell, create derivative works from, upload, transmit, publicly perform, translate into any language or computer code, or distribute the Intellectual Property or Contents of the website in any way, including without the prior written permission of WAGGONER DIAGNOSTICS or the appropriate third party. All intellectual property rights (“Intellectual Property”) associated with the website, and its elements, including its code, software, contents, trade dress, trade secrets, data, design, graphic elements, photographic images, navigation, text, and images are the sole property of WAGGONER DIAGNOSTICS, its affiliates and third parties licensors, and are protected by international copyrights and trademarks, service marks, or trade dress (“Marks”) of WAGGONER DIAGNOSTICS, its affiliates and other entities that have granted WAGGONER DIAGNOSTICS the right and license to use such Marks, and may not be used or interfered with in any manner without the expressed written consent of WAGGONER DIAGNOSTICS. WAGGONER DIAGNOSTICS does not grant you any expressed or implied rights to WAGGONER DIAGNOSTICS’s or any third party’s Intellectual Property.

    WAGGONER DIAGNOSTICS grants registered users a limited, personal, nontransferable, nonsublicensable, revocable license to: (a) access the website and use the content, information and services; (b) print and download portions of material from the different areas of the Site solely for your own non-commercial use, except as permissible for registered users of this website in the normal conduct of their business.


  • Prohibited Uses

    You shall not use or access any service, or information from the website in a manner not expressly permitted by WAGGONER DIAGNOSTICS. In addition to other restriction set forth in these Terms of Use, you agree that:

    (a) You shall not disguise the origin of information transmitted through the website (HIPAA restrictions excluded).
    (b) You shall not place false or misleading information on the website.
    (c) You may not use or access the website or the Services in any way that, in the judgment of WAGGONER DIAGNOSTICS, adversely affects the performance or function of the WAGGONER DIAGNOSTICS.com, Services, or interferes with the ability of authorized parties to access the WAGGONER DIAGNOSTICS website,  including information which contains macros, viruses, Trojan horses, worms, time bombs, or other destructive computer programming routines that are intended to damage, deny use of, interfere with, intercept or expropriate any system, the website, or information that infringes on the property rights or Intellectual Property rights of others.
    (d) You shall not frame or utilize framing techniques to enclose any portion or aspect of the Content or Information without the expressed written consent of WAGGONER DIAGNOSTICS.
    (e) You shall not copy, frame transmit or republish any portion of the Website for use in another website.
    (f) You shall not provide your login information to any other person or entity not registered or otherwise not authorized to access the website.

(g) You shall not use the Systems and Information in connection with automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality.


  • Submissions and Ideas

    WAGGONER DIAGNOSTICS will accept ideas, concepts, or techniques for new services or products through the website, at the ”Contact Us” section, or via email at support@Waggoner Diagnostics.com. With any ideas submitted for new or improved products, processes or services to this website, by any means now known or hereafter developed, you grant to WAGGONER DIAGNOSTICS a non-exclusive, royalty-free, worldwide perpetual license to exploit, reproduce, distribute, transmit, create derivative works of, publicly display or publicly perform any materials and information submitted. You agree that you shall have no recourse against WAGGONER DIAGNOSTICS for any alleged or actual infringement or misappropriation of any proprietary right in your communications.You acknowledge that the information will not be considered confidential or proprietary, that WAGGONER DIAGNOSTICS is under no obligation to keep such information confidential.


  • Termination

    You agree that WAGGONER DIAGNOSTICS, in its sole discretion, may terminate or suspend your use of the website, WAGGONER DIAGNOSTICS Systems, Information, Services and Content at any time and for any reason in its sole discretion, even if access and use continues to be allowed to others. 

Accessing the website, the Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that WAGGONER DIAGNOSTICS shall not be liable to you or any third party for any termination or suspension of your access to the Website, Systems, Information, Services, or Content.


  • No Warranties

    The Website, Services and Content are provided on as “as is” basis.  Use of the Website, or reliance on any material or information on the website, is at the user’s own risk. WAGGONER DIAGNOSTICS, licensors and suppliers, to the fullest extent of the law, make no representations, and disclaim all warranties, expressed or implied, statutory or otherwise, including but not limited to any warranties of expectation, merchantability, non-infringement of third parties’ rights, the results to be obtained from using the website, or fitness for a particular purpose. We are not responsible for the accuracy, completeness, security, or timeliness of the content, information, or services provided on or through the use of the website or the WAGGONER DIAGNOSTICS Systems. No information obtained by you from the Website shall create any warranty not expressly stated by WAGGONER DIAGNOSTICS in these Terms of Use. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. 
  • Limitation of Liability

    WAGGONER DIAGNOSTICS is an e-commerce website that allows other consumers to purchase WAGGONER DIAGNOSTICS' devices. 

    To the extent permitted by applicable law and to the extent that WAGGONER DIAGNOSTICS is otherwise found responsible for any damages, WAGGONER DIAGNOSTICS is responsible for actual damages only. To the extent permitted by law, in no event shall WAGGONER DIAGNOSTICS, its affiliates, its licensors, its suppliers or any third parties mentioned at the Website be liable for any consequential damages, lost profits, or damages resulting from the use of or inability to use the website, the WAGGONER DIAGNOSTICS Systems, Information, Services or the Content, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not WAGGONER DIAGNOSTICS is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.


  • Website Security

    All websites are susceptible to attacks that may result in exposure or modification of sensitive data, or impact on availability of services to authorized users. Application testing is conducted to identify security flaws introduced into the design, implementation or deployment of an application. Website developers and administrators identify functions that are critical to security, and test those functions to verify correct operation to an appropriate level. WAGGONER DIAGNOSTICS will use its best efforts to assure the integrity of the website, but makes no representation that the website, services, or content are invulnerable to attack, and the users expressly accept the risk of using the website.


  • Compliance With Law, Including Export Control

    You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations, and in a fashion that does not, in the sole judgment of WAGGONER DIAGNOSTICS, negatively reflect on the goodwill or reputation of WAGGONER DIAGNOSTICS, and shall take no actions which would cause WAGGONER DIAGNOSTICS to be in violation of any laws, rulings or regulations applicable to WAGGONER DIAGNOSTICS.

    WAGGONER DIAGNOSTICS and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under United States or other applicable export control laws or regulations. By accessing this site you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).


  • Jurisdiction and Governing Law

    To the fullest extent permitted by law, you hereby expressly agree that these Terms of Use are governed by the internal substantive laws of the State of Arkansas, U.S.A. excluding (i) Arkansas’ conflicts of law principles; (II) the United Nations Convention on Contracts for the International Sale of Goods; (III) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention done at Vienna April 11, 1980.

    To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to, your use of the website, the Services and/or Content, shall be instituted in a state or federal court sitting in the County of Benton, State of Arkansas, United States of America, To the extent permitted by law, the controlling language of any and all correspondence and legal activity is English. You agree that any claim or cause of action arising out of or related to your use of the Website, the Services or Content must be filed within one (1) year after such claim or cause of action arose.


  • Complete Agreement

    Except as expressly provided in a separate license, service or other written agreement between you and WAGGONER DIAGNOSTICS, these Terms of Use constitute the entire agreement between you and WAGGONER DIAGNOSTICS with respect to the use of the Website, the WAGGONER DIAGNOSTICS System, and any software, or Service, Information and Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.