Terms of Use

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Terms of Use:  ColorDx Test

 

1. Background

Color vision testing is an assessment of a person’s ability to accurately discriminate between “confusion colors” which are specific matched sets of colors that are scientifically calculated to be confused by persons with diminished color perception(s).  A person who is color vision deficient sees many colors, but certain colors are viewed as being equivalent that a color normal person would view as distinctly different.  Color vision deficiency is commonly and inappropriately called “color blindness”, however they are usually not blind to color, but have reduced discrimination to some colors.  ColorDx applications, or web-enabled applications (the “Applications”) are designed for a person to take a test, with little supervision culminating with a written report describing the type of colors that are confused (described as Protan, Deutan, and Tritan) and the severity based upon how many images cannot be successfully identified. ColorDx tests have been validated by the Naval Aerospace Medical Institute for use in qualification of Naval and other armed services pilots and other service personnel.

 

2. IMPORTANT

Some jobs, military qualifications, and professions require normal color perception for safety or performance-precision of visual recognized tasks.  A test subject that would have another person either:  

  • Fraudulently take the test directly, mis-identified as the test subject; or, 
  • Provide any test answers or assistance in identifying any test answers;

would likely be held liable for falsifying personal information for personal gain and fraudulent medical evidence.  Such fraudulent test practices invalidate the test results.

The test subject, by consenting to take the ColorDx test, certifies that they have:

  • Accurately identified themself as the true test taker;
  • Received no help, assistance, hints, or direction from another person as to what is seen on any of the test plates or the color normal test answer.

 

3. Required Test Conditions

All color vision tests are subject to proper test conditions for maximum detection of color vision deficiencies.  Color vision tests, including ColorDx Applications performed under sub-optimum conditions may allow low grade or “mild” color deficient persons to pass or perform slightly better than would be expected.  The same sub-optimum conditions are unlikely to degrade color vision normal individual’s results to be reported as color vision deficient. 

For optimal results, color vision tests should performed:

  • In low or moderately illuminated environment free of strong external light sources or reflections (printed color vision tests should be administered under an illuminant C or D approximate 6,500 Kelvin color temperature lamp).
  • LED back-lit monitor with 6,500 Kelvin color temperature.
  • A current color calibration is recommended for optimized results.

 

4. Acceptance of Terms of Use

By taking a ColorDx color vision test, the test taker acknowledges that they have personally taken the test without aid, coaching or help; and hereby releases from liability and agrees to indemnify and hold harmless Konan Medical USA, Inc. and Waggoner Color Vision Testing, LLC. and its employees, representatives, contractors, and agents (hereinafter the “Companies”) for any and all liability for damages resulting from the use of a ColorDx Application.  Optimal sensitivity of all color vision tests are achieved using a color-calibrated monitor or targets illuminated with a 6500 K lighting environment.  Sub-optimum test conditions my result in False Negative results (minor color deficiencies resulting in a PASS result), primarily for low-severity color deficiencies.  False Positive results (FAIL result with no color deficiency) are unlikely to be reported from the same sub-optimum test environment. Persons relying upon this test summary for vocational, safety, or any color critical task, by presentation of these results certify that:  they personally took this test; the results were achieved without any external aid; and test was taken under optimum conditions. 

 

5. Use of ColorDx Test (Web Administered Test Only)

This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that the provider of this service reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

 

6. Your Responsibilities and Registration Obligations (Web Administered Test Only)

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to these Terms of Use, including any amendments made by the site editor that are published herein.

 

7. Privacy Policy (Web Administered Test Only)

Registration data and other personally identifiable information that the site may collect is considered private and will not be resold to any third parties. Credit card information is used only once and then discarded to prevent any fraudulent misuse by hackers. For this reason, a credit card will have to be re-entered any time a purchase is made after the initial purchase. Konan’s Privacy Policy is available for review at: www.konanmedical.com/privacypolicy.  ColorDx applications administered by a professional are obligated to HIPPA privacy restrictions.

 

8. Registration and Password (Web Administered Test Only)

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password. This can be done through the contact form provided on the site at www.konanmedical.com/contactus

 

9. Your Conduct

By using this Application you agree that you will not:

  • Provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
  • Impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any answers or content provided by you;
  • Collect or harvest any information about other users;
  • Provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

 

10. Indemnification

You agree to indemnify and hold harmless the Companies from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Application, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

 

11. Applicable Law

You agree that these Terms of Use and any dispute arising out of your use of this Application will be governed by the laws of the State of California.

 

12. Miscellaneous Information

In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

  • The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;
  • You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;
  • The site editor may assign the site editor's rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.