PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO ACCESS OR IN ANY WAY — USE THIS WEB SITE. THESE TERMS APPLY TO ALL — USE OF THIS WEB SITE REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED.

This Web Site has been developed as a service of Visioneering (“Visioneering”). By accessing and using the Web Site located at www.vtivision.com (the “Web Site”) you agree to be bound by the Terms of Use (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. If you do not agree to these Terms, do not use the Web Site. As used in these Terms of Use, “we” includes Visioneering and any third-party vendors we hire to assist in the administration of the Web Site, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.

If you do not want to agree to be legally bound by these terms PLEASE DO NOT access or use this Web Site.

No person under the age of eighteen (18) is authorized to access or use this Web Site or register with Visioneering. User access to, and use of, the Web Site is subject to all applicable federal, state and local laws and regulations. Use of this Web Site is void where prohibited. By using this Web Site, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.

Please also note all posts may be public, so please only post that information that you intend to be read by the public.

In order to access certain portions of the Web Site, you may be required to register and create an account (“Account”) with Visioneering. Information gathered through the registration process and any other information related to your Account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that you are at least 18 years old and that all information provided by you when creating your Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account, and that you are not untruthfully representing your status as an employee of Visioneering or misrepresenting your employment in any other way. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Web Site. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.

When you register, we may keep on file the following information that you submit:

• Email address
• Password
• First Name, Last Name, Display
• Name (will be visible for comments)
• Company
• City, State, Country
• Phone Number (not required)
• Selection into one of the following categories:
• MD, OD, Practitioner, Optician or Ophthalmic/Optometric Technician
• Patient/Consumer
• Member of the Trade Media
• Industry Executive
• Author/Consultant
• Investor/Business Person
• Other (please specify)

We reserve the right to refuse you access to this Web Site. If anything that you post is outside the scope of the subject matter of this Web Site, or in our reasonable discretion is otherwise inappropriate, we reserve the right to disallow your post or comment. We reserve the right to remove any post or comment at any time. If we do, you are likely to receive a notice from us that may represent this message: “We thank you for your post or comment, but we feel that its content is not appropriate at this time or is otherwise inconsistent with our Terms of Service.”

YOU ARE AGREEING TO OUR PRIVACY POLICY

Visioneering respects the privacy of its Web Site users. Please refer to the Visioneering Privacy Policy which explains our users’ rights with respect to information that we collect on this Web Site. When you access this Web Site, you signify your agreement to the Privacy Policy.

COPYRIGHT NOTICE

All materials and information available on this Web Site are protected by copyrights. These materials are owned by Visioneering, controlled by Visioneering, licensed by Visioneering, or been granted permission for use by Visioneering on this Web Site. You may download materials from this Web Site where noted as ‘downloadable’, for your personal, non-commercial use ONLY.

If you download any downloadable materials, you cannot modify them in any way and you must abide by all copyright, trademark and other notices in such materials. You may not otherwise copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text or documents contained on this Web Site. Do not upload any third party materials to this Web Site without third party authorization (other Web Site or Web Site content, articles, links, text, images, videos, etc.).

TRADEMARK NOTICE

The trademarks, service marks, trade names, trade dress and product names featured on this Web Site are trademarks of Visioneering, its affiliates, related companies or its licensors, unless otherwise noted. Visioneering’s trademarks may be used publicly with permission only.

OTHER WEB SITES AND/OR MATERIALS

We may post links to other Web Site(s) on this Web Site. These links are provided as a courtesy to this Web Site’s visitors. Visioneering has no control over linked Web Sites or the materials, information, goods or services available on these Web Sites. Visioneering is not responsible for and does not endorse or warrant any materials, information, goods, or services available through any linked Web Sites. We do not guarantee the privacy practices (or any other policies) of such Web Sites. We do not guarantee the accuracy of the content of any such Web Site. Visioneering reserves the right to terminate any link at any time.

ACCURACY OF INFORMATION

Visioneering, strives to accurately describe its products and technologies and provide updated information on our Web Site. However, Visioneering does not warrant that product and/or technology descriptions and information on the Web Site are complete or free from error.

NO MEDICAL ADVICE

This Web Site is designed to provide general information about vision care and Visioneering Inc. products, technologies and services. It is not intended to provide medical advice. Consumers and patients should always consult an eye care professional for information and advice on the treatment of a specific condition or for any other medical need. For specific information and instruction relative to Visioneering’ products, please refer to the product labeling supplied with all Visioneering’s products. Should any eye care practitioner or consumer need immediate information regarding product care, specifications or use, please contact the Technical Consultation Line at 770-521-4357.

DOCTOR LOCATOR TERMS AND CONDITIONS

The “Doctor Locator” link is designed to help patients find an eye care professional that prescribes and/or sells Visioneering’ products. Although we try to ensure that the information in this locator is accurate, all information is supplied “AS IS” and without warranty of any kind.

Visioneering makes no guarantees or representations regarding the quality of service provided by those practitioners and expressly disclaims all liability for the actions of the practitioners/outlets listed on this Web Site.

CONTENT YOU POST TO WEB SITES

You grant to Visioneering the right to use all content you upload or otherwise transmit to this Web Site, (subject to these Terms of Use and Visioneering’ Privacy Policy) in any reasonable manner that Visioneering chooses, including, but not limited to, copying, displaying, or publishing it, modifying it, or incorporating it into other material. Except as expressly stated and agreed upon in advance by Visioneering, no confidential relationship shall be established in the event that any user of the Web Site should make any oral, written or electronic communication to Visioneering (such as feedback, questions, comments, suggestions, ideas, etc.) If any Visioneering Web Site requires or requests that such information be provided, and that such information contains personal identifying information (e.g. name, address, phone number), Visioneering agrees to obtain, use and maintain it in a manner consistent with the Privacy Policy.

Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Visioneering shall be free to reproduce, publish, or otherwise use such information for any purpose whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Visioneering is fully responsible for its content, including its truthfulness.

PROHIBITED ACTIONS

You agree not to interrupt or attempt to interrupt the operation of this Web Site. You may not use any automated tool to mine the Web Site for information or to fill out forms on the Web Site. The web and email servers maintained by Visioneering and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious, unethical, offensive, harmful or unlawful purpose. We reserve the right to limit or deny a user’s access to the Web Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious. You may only use the Web Site for lawful purposes. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local laws.

DO NOT USE THIS WEB SITE TO COMMUNICATE LEGAL NOTICES TO VISIONEERING TECHNOLOGIES, INC.

Communications made through the Web Site’s email and messaging system will not constitute legal notice to Visioneering or any of its officers, employees, agents or representatives. You should send legal notices to:

General Counsel, VTI
Nelson Mullins
Brad Burman: brad.burman@nelsonmullins.com
Phone: 404 322 6000

DISCLAIMER; LIMITATION OF DAMAGES

ACCESS TO OUR WEBSITE IS PROVIDED TO YOU AS A COURTESY, ‘AS IS’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VISIONEERING MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO, CONTENT OF OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR — USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THIS WEBSITE.

To the extent permitted by law, Visioneering will not be liable for any indirect, special, incidental, consequential, or punitive damages of any kind related to the Web Site whether as a breach of contract, tortious behavior, negligence or any other cause of action, even in Visioneering has been advised of the possibility of such damages.

MODIFICATIONS OF TERMS OF USE

We can amend the Terms of Use at any time and will update these Terms of Use in the event of any such amendments. If you continue to use the Web Site, you signify your agreement to our revisions to these Terms, so be sure to check back frequently for the current terms.

FOREIGN VISITORS

Visioneering makes no representation that materials or other content on this Web Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access this Web Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

INDEMNITY AND RELEASE

By using this Web Site, you agree to indemnify Visioneering and its partners, officers, employees and agents and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site. By using the Web Site, you are hereby agreeing to release Visioneering and its partners, officers, employees and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Visioneering with respect to this Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Visioneering with respect to this Web Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

APPLICABLE LAWS; VENUE

These Terms of Use and your use of this Web Site are governed by the federal laws of the United States of America and the laws of the State of Delaware. Any action related to this Web Site will be filed only in the appropriate state or federal court located within the State of Delaware. By using this Web Site, you consent to the jurisdiction of the state and/or federal courts of the State of Delaware.

SUGGESTIONS AND FEEDBACK

Visioneering welcomes your feedback and inquiries. If you have any comments or questions, please contact us by emailing admin@vtivision.com. For general Web Site inquiries, please contact us by emailing info@vtivision.com.