Carrot Neurotechnology, Inc.

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IN THE MATTER OF CARROT NEUROTECHNOLOGY, INC., ADAM GOLDBERG, AND AARON SEITZ CONSENT ORDER, ETC. IN REGARD TO ALLEGED VIOLATIONS OF SECTIONS 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket No. C-4567; File No. 142 3132 Complaint, February 22, 2016 – Decision, February 22, 2016 This consent order addresses Carrot Neurotechnology, Inc.’s advertising for the Ultimeyes software application. The complaint alleges that the respondents violated Sections 5(a) and 12 of the Federal Trade Commission Act by representing that Ultimeyes substantially improves users’ vision. The consent order prohibits any representation about the health benefits, performance, efficacy, safety, or side effects of any product or service, unless it is nonmisleading and supported by competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. Participants For the Commission: Edward Glennon and Karen Mandel. For the Respondents: James Kaminski and Stuart Sorkin, Hughes Bentzen, PLLC.

COMPLAINT The Federal Trade Commission, having reason to believe that Carrot Neurotechnology, Inc., a corporation, and Adam Goldberg and Aaron Seitz, individually and as owners and officers of the corporation (collectively, “Respondents”), have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent Carrot Neurotechnology, Inc. (“Carrot”) is a California corporation with its principal office or place of VOLUME 161 Complaint business at 3995 Prado De Las Frutas, Calabasas, California, 91302.

2. Respondent Adam Goldberg is an owner and officer of Carrot. Individually or in concert with others, he controlled, had the authority to control, or participated in the acts and practices of Carrot, including the acts and practices alleged in this complaint. His principal office or place of business is the same as that of Carrot.

3. Respondent Aaron Seitz is an owner and officer of Carrot. Individually or in concert with others, he controlled, had the authority to control, or participated in the acts and practices of Carrot, including the acts and practices alleged in this complaint. His principal office or place of business with regard to the acts and practices alleged in this complaint is the same as that of Carrot.

4. Respondents have advertised, labeled, offered for sale, sold, and distributed the Ultimeyes software application to consumers. Ultimeyes is for use on mobile devices running the ios or Android operating systems and computers running the Mac or Windows operating systems. According to its website, www.ultimeyesvision.com, Ultimeyes is “scientifically shown to improve vision.”

5. The acts and practices of Respondents alleged in this complaint have been in or affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act. 6. Ultimeyes is a “device” within the meaning of Sections 12 and 15 of the Federal Trade Commission Act. 7. First sold in 2012, Ultimeyes is available for purchase and download over the Internet through the Ultimeyes website and third party app stores such as the Apple App Store, Google Play Store, and Amazon Appstore. The retail cost of Ultimeyes has ranged between $5.99 and $9.99. U.S. sales of Ultimeyes from January 2012 through June 2015 totaled more than $350,000. CARROT NEUROTECHNOLOGY, INC. 223 Complaint 8. Respondents have disseminated or have caused to be disseminated advertisements and promotional materials for Ultimeyes, including but not necessarily limited to the attached Exhibits A through I. These materials contain the following statements and depictions, among others: a. Exhibit A, screen excerpts from Ultimeyes website (March 12, 2014) and Exhibit A-1, full list of “Featured Links” extracted from Ultimeyes website (March 13, 2014) Turn Back The Clock On Your Vision Reverse the effects of aging eyes. Why rely on reading glasses...and a flashlight to read restaurant menus when you don’t have to. ULTIMEYES® delivers sharper vision without glasses and dramatically improves the ability to see in dim light. Achieve Peak Athletic Performance Improve on-field, on-court and on-track performance with ULTIMEYES®. Check out the articles below and find out what ULTIMEYES® is and what it is did for the UC Riverside baseball team.

ULTIMEYES® is an affordable, natural and simpleto-use interactive game scientifically designed to improve vision.

[. . .] Featured Links [The website made the following and other representations in the form of hyperlinks to press releases and other media articles, most of which also quoted the individual Respondents.] • Better baseball batting through brain science • Apparently, Your Tablet Can Give You Super- Vision • Better Batters Result from Brain-training Research [. . .] • Learning to see better in life and baseball [. . .] • How To Improve Your Eyesight By Exercising The Brain With ‘Perceptual Learning’ VOLUME 161 Complaint • Training Gives Baseball Players Superhuman Vision • Study Reports Brain can be Trained to See Better [. . .] • Screen time improves eye sight: study [. . .] • High Tech Training Improves Vision [. . .] • This App Trains You to See Farther [. . .] • Using an iPad ‘boosts vision’: Half an hour a day can improve sight by up to a third [. . .] • ULTIMEYES, an app that trains your brain and improves vision [. . .] • The iPad Can Improve Eyesight [. . .] • This Simple App Can Train Your Brain to Have 20/7.5 Vision [. . .] • See Like a Big-League Slugger • University of California Reports Findings That ULTIMEYES® Produces Better Vision and Real World Benefits – Published in Current Biology [. . .] • Ultimeyes iPad App Improves Your Vision by Training Your Brain • Reverse the effects of aging eyes! ULTIMEYES® [. . .] • Want To Improve Your Vision? 25 Minutes on this App Will Improve Your Vision By 31% • A neuroscientist has just developed an app that, after repeated use, makes you see farther. Absolutely astonishing and 100% real. [. . .] b. Exhibit B, screen excerpts from the Ultimeyes website (July 31, 2014) (Exhibit C, screen excerpts from the Ultimeyes website (Oct. 21, 2014), contains similar representations) ULTIMEYES® A simple-to-use interactive game scientifically shown to improve vision.

[Text appears with a depiction of 3 athletes and 3 executives looking at a series of 3 eye charts, the first blurry, the second more clear, and the third in focus.] [. . .] CARROT NEUROTECHNOLOGY, INC. 225 Complaint The Science Behind ULTIMEYES® ULTIMEYES® optimizes visual processing to reduce blurring. Proprietary algorithms monitor your performance and adapt to it, creating a customized session to ensure optimal progress.

Numerous scientific studies conducted over more than a decade support the principles upon which ULTIMEYES® was created.

ULTIMEYES® is the result of collaboration between Vision Science and Entertainment Software to improve how you see. ULTIMEYES® tailors itself to your unique abilities and is designed to improve visual acuity, contrast sensitivity and attention to yield an overall improvement of your vision. The patentpending methods of perceptual learning established by Dr. Aaron Seitz, a renowned expert in the field of Perceptual Learning, combined with interactive gaming dynamics proven to engage players, produce high levels of continued focus and, in turn, produces results.

[. . .] On average, participants in our monitored studies— conducted by University of California researchers— improved by two lines on the eye chart! Contrast sensitivity, which is the visual skill that enables you to distinguish objects in dim light and against obscure backgrounds, increased dramatically among users in these studies.

[. . .] Frequently Asked Questions Click on any question to see its answer. 1. What benefits have ULTIMEYES® users experienced? ULTIMEYES® users have experienced improvements in different areas of vision, including near vision, far vision, peripheral vision, and contrast sensitivity either monocularly (in one eye) or binocularly (in both eyes). VOLUME 161 Complaint 2. What are the side effects of ULTIMEYES®? There are no known side effects from ULTIMEYES®, except better vision.

3. How many ULTIMEYES® sessions are required to improve my vision? Individuals will notice improvements at different rates. Our research shows that robust improvements in vision are found after completing 32 sessions with some of the individuals noticing some improvement in less than 16 sessions. For maximum benefits we recommend 4 ULTIMEYES® sessions per week, for 8 weeks.

c. Exhibit D, screen excerpt from the Apple App Store (Aug. 12, 2014) (Exhibits E and F, screen excerpts from the Google Play Store (Aug. 14, 2014) and the Amazon Appstore (Aug. 13, 2014), contain similar representations) **Turn back the clock on your vision **Lose your reading glasses and delay the need for them **See better at night **Read better in dim light **Improve vision for sports and improved lifestyle On average ULTIMEYES® clients who completed the ULTIMEYES® program can read two lines better on the Snellen eye chart and experience 100% increase in contrast sensitivity.

Anyone pursuing improved vision through natural means and mitigating the need for visual aids including glasses can benefit from ULTIMEYES®. ULTIMEYES® works by causing brain plasticity, which is the brain’s natural ability to adapt to the environment. What’s break-through [sic] about ULTIMEYES® is that it activates brain plasticity to occur in the brain’s visual processing center. The CARROT NEUROTECHNOLOGY, INC. 227 Complaint result is enhanced vision in a completely safe noninvasive and easy to use way.

ULTIMEYES® has been examined in many academic institutions including University of California Los Angeles, University of California Riverside, The Western School of Optometry and other non-academic institutions including law enforcement agencies and athletic organizations by people of all ages, genders and visual abilities. Results of some of these studies have been accepted and will be published by major scientific journals such as Vision Research and Current Biology.

ULTIMEYES® is simple to use. The road to better vision requires you to follow the on-screen prompts and complete four 25-minute sessions per week for a total of eight weeks. Although results vary from person to person many ULTIMEYES® users experience improvement in their vision after only 3 weeks…especially with reading and seeing in dim lighting.

d. Exhibit G, excerpts from video transcript, “Brain Training Makes Better Batters,” viewable on the Ultimeyes YouTube channel at http://www.youtube .com/watch?v=8M_tVyVlrLQ (published Feb 23, 2014) and on the Amazon Appstore Ultimeyes page (Exhibit F) AARON SEITZ, ASSOCIATE PROFESSOR, PSYCHOLOGY: There are, you know, over 100 million people worldwide who have serious vision problems that impact their lives. And, so, if we could use brain training to improve their vision, this has profound benefit to their lives. I decided that I wanted to try to create something which would have realworld impact.

[. . .] JENNI DEVEAU, POSTDOCTORAL RESEARCHER, PSYCHOLOGY:

VOLUME 161 Complaint We did a study with the 2013 UCR baseball team where we did vision assessments before their season started and then we conducted training. They came in to our lab. Because they are already started off [sic] with really good vision, we had to really challenge their vision. After the season was over, we had tons of baseball data and searched for the help of Dan Ozer to let us know what does all this mean, what can we do with all this.

DANIEL OZER, PROFESSOR, PSYCHOLOGY: I was able to look at the improvement of the players in terms of more hits, more base on balls, additional bases, and I put that information into a formula that was developed about thirty years ago by a man named Bill James whose methods have become famous in the book Moneyball and was able to see how many runs were created in addition to what you would expect if there had just been normal improvement.

AARON SEITZ: With Dan Ozer, we had discussed that, you know, if they won one extra game based upon this calculation, this would be huge. DANIEL OZER: And then I placed that into the context of how many runs the UCR pitchers allowed and came up with this estimate of it made a difference of somewhere between four and five games. I was shocked. There has been a lot of interest in the last couple of decades, people with a very serious interest in statistics beginning to look at baseball data because it’s runs and runs allowed that win and lose games. [. . .] JENNI DEVEAU: Many of the players, they described being able to see things in dimmer light conditions, being able to see the ball better, being able to hit the ball better. They had less strikeouts compared to the rest of the league and they had more runs created.

[. . .] CARROT NEUROTECHNOLOGY, INC. 229 Complaint TEXT ON SCREEN:

31% IMPROVEMENT IN VISION 4.4% FEWER STRIKEOUTS 41 MORE RUNS 4 TO 5 MORE WINS [. . .] AARON SEITZ: What I’ve been able to do is take my research that started looking at a very simple basic science problem and turn it into a game that anybody could play that has real-world benefits. e. Exhibit H, Ultimeyes Press Release (April 18, 2014) ULTIMEYES [. . .] App Scientifically Shown to Improve Vision is Downloadable Now in the Apple App Store for the iPad and iPhone, and Android Phones via Google Play and Amazon’s Appstore for Android [. . .] Carrot Neurotechnology, Inc. announced today that its popular vision-enhancing interactive game App, ULTIMEYES®, has launched for all ios and Android platforms. Previously available only for the PC, Mac and iPad, anyone with an iPhone or Android device can now improve their vision…at home or on the go. Improve the clarity of your vision and ability to see in poor lighting, lessen the need for reading glasses, and improve vision for sports and other everyday activities for a better lifestyle. From athletes who want to sharpen their “perfect vision” to people who struggle with low vision issues, ULTIMEYES® has been scientifically shown to help increase vision capabilities via perceptual learning.

[. . .] Though results vary from person to person, on average, ULTIMEYES® users that have participated in ULTIMEYES studies could read one or two lines better on the Snellen eye chart and experienced a 100% increase in contrast sensitivity. Studies have been conducted with high performance athletes, law VOLUME 161 Complaint enforcement agencies, and people of all ages, genders and vision capabilities.

[. . .] Carrot Neurotechnology, Inc. develops and sells its patent pending integrated game program ULTIMEYES®, that delivers affordable, safe, and comprehensive vision improvement for sports, reading, driving, and relieving the need for traditional visual aids used for age-related eye conditions such as presbyopia and loss of contrast sensitivity. f. Exhibit I, Ultimeyes Press Release (Feb. 17, 2014) University of California Reports Findings That ULTIMEYES® Produces Better Vision and Real World Benefits – Published in Current Biology A study conducted with UCR Baseball Team [sic] demonstrates that Carrot Neurotechnology Inc.’s interactive vision training game ULTIMEYES® produces improved vision and quantifiable real world benefits.

[. . .] Carrot Neurotechnology, Inc. today announced that the peer-reviewed journal Current Biology published the results of a study entitled “Improved vision and onfield performance in baseball through perceptual learning,” in the February 17th issue, which demonstrates that improved vision resulting from Carrot Neurotechnology’s integrated interactive game program ULTIMEYES® yields improved vision with real world benefits. In this peer-reviewed journal, the researchers go on to say that the results of the study demonstrate the ability to deliver real world benefits across a broad range of activities ranging from athletics to more routine lifestyle activities such as reading, watching TV and driving.

The study was conducted by the University of California Riverside and the University of California Riverside baseball team prior to the 2013 season and CARROT NEUROTECHNOLOGY, INC. 231 Complaint included 37 players. As a result of using the integrated interactive game program visual acuity of the trained players increased 31% following use of the program and 7 of the players reached impressive 20/7.5 Snellen acuity. Contrast sensitivity function improved similarly in the trained players. Baseball players typically have excellent vision, so the extent of the improvement surprised the researchers. Players reported, “My eyes feel stronger”, “I can see the ball better while I’m hitting”, “I have greater peripheral vision. Easy to see further”, “I can tell a change in dim light and being able to distinguish lower contrasting things.”

Acuity is the sharpness of vision and contrast sensitivity is the ability to see details in low contrast such as seeing in dim light at night.

[. . .] “This study reaffirms that our product delivers improved visual performance and confirms that these improvement transfer into practical real-world benefits. We’re encouraged and excited by the broad range of lifestyle benefits that many individuals who rely on vision including athletes but also those with normal vision and low vision going about their routine tasks,” said Adam Goldberg, CEO of Carrot Neurotechnology, Inc.

Count I Deceptive Efficacy Claims 9. In connection with the advertising, promotion, offering for sale, or sale of Ultimeyes, Respondents have represented, directly or indirectly, expressly or by implication, that Ultimeyes substantially improves users’ vision, including that Ultimeyes: a. Improves the vision of users, including people of all ages, genders, and visual abilities;

b. Improves vision with real world benefits, including benefits across a broad range of activities ranging from VOLUME 161 Complaint athletics to more routine lifestyle activities, such as reading, watching TV, and driving;

c. Improves vision on average by 31% and two lines on the Snellen eye chart, and improves contrast sensitivity by 100%; and d. Reverses, delays, or corrects aging eye or presbyopia, including, but not limited to, by improving night vision, improving users’ ability to read in dim light, and diminishing the need for glasses or other visual aids.

10. The representations set forth in Paragraph 9 are false or misleading, or were not substantiated at the time the representations were made.

Count II False Establishment Claims 11. In connection with the advertising, promotion, offering for sale, or sale of Ultimeyes, Respondents have represented, directly or indirectly, expressly or by implication, that scientific testing proves that Ultimeyes:

a. Improves the vision of users, including people of all ages, genders, and visual abilities;

b. Improves vision with real world benefits, including benefits across a broad range of activities ranging from athletics to more routine lifestyle activities, such as reading, watching TV, and driving;

c. Improves vision on average by 31% and two lines on the Snellen eye chart, and improves contrast sensitivity by 100%; and d. Reverses, delays, or corrects aging eye or presbyopia, including, but not limited to, by improving night vision, improving users’ ability to read in dim light, CARROT NEUROTECHNOLOGY, INC. 233 Complaint and diminishing the need for glasses or other visual aids.

12. In fact, scientific testing does not prove that Ultimeyes: a. Improves the vision of users, including people of all ages, genders, and visual abilities;

b. Improves vision with real world benefits, including benefits across a broad range of activities ranging from athletics to more routine lifestyle activities, such as reading, watching TV, and driving;

c. Improves vision on average by 31% and two lines on the Snellen eye chart, and improves contrast sensitivity by 100%; and d. Reverses, delays, or corrects aging eye or presbyopia, including, but not limited to, by improving night vision, improving users’ ability to read in dim light, and diminishing the need for glasses or other visual aids.

13. Therefore, the representations set forth in Paragraph 11 are false or misleading.

Count III Deceptive Failure to Disclose Material Connections 14. In numerous instances in connection with the advertising, promotion, offering for sale, or sale of Ultimeyes, Respondents have represented, directly or indirectly, expressly or by implication, that scientific research conducted by Respondent Seitz proves that Ultimeyes improves vision. 15. In numerous instances in which Respondents have made the representation set forth in Paragraph 14 of this complaint, Respondents have failed to disclose, or have failed to disclose adequately, that Respondent Seitz co-owns and is the Chief Scientist of Respondent Carrot. These facts would be material to consumers in their purchase or use decisions regarding Ultimeyes. VOLUME 161 Complaint 16. Respondents’ failure to disclose, or disclose adequately, the material information discussed in Paragraph 15, in light of the representation set forth in Paragraph 14, is a deceptive act or practice.

Violations of Sections 5 and 12 17. The acts and practices of Respondents as alleged in this complaint constitute deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act. THEREFORE, the Federal Trade Commission this twentysecond day of February, 2016, has issued this Complaint against Respondents.

By the Commission.

CARROT NEUROTECHNOLOGY, INC. 235 Complaint Exhibit A Skip to main content, o Testimonials « FAQ.

* Contact Ultimeyes® Carrot Neurotechnologies Buy Now Turn Back The Clock On Your Visi Reverse the effects of aging eyes. Why rely on reading glasses...and a flashlight to read restaurant menus when you don’t have to, ULTIMEYES® delivers sharper vision without glasses and dramatically improves the ability to see in dim light.

Achieve Peak Athletic Perf Improve on-field, on-court and on-track performance with ULTIMEYES@). Check out the articles below and find out what ULTIMEYES® is and what it is did for the UC Riverside baseball team. ULTIMEYES® is an affordable, natural and simple-to-use interactive game scientifically designed to Exh. A Page 1 VOLUME 161 Complaint improve vision. Learn More » Contact your Authorized Reseller or the ULTIMEYES® team at [email protected] for more information about ULTIMEYES® Featured Links + Better I ; brain science Apparently, Your Tablet Can Give You * 4 _—:

« Better Batters Result from Brain-training Research + UC Riverside Baseball Plavers Gain E * Training Gives Baseball Plavers Superhuman Vision ;

* Study Reports Brain can be Trained to See © Carrot Neurotechnology, Inc. 2014 Ew A, Page 2 CARROT NEUROTECHNOLOGY, INC. 237 Complaint ULTIMEYES® Page | of 2 ULTIMEYES® (INDEX PHP) ACTIVATE (ACTIVATE.PHP) ABOUT (ABOUT PHP) FAQ (FAQ PHP) CONTACT (CONTACT.PHP) Buy Now $5.99 for a limited time Tur Back The Clock On Your Visi Reverse the effects of aging eyes. Why rely on reading glasses...and a flashlight to read restaurant menus when you don't have to. ULTIMEYES® delivers sharper vision without glasses and dramatically improves the ability to see in dim light.

Ut gs, \é @ AppStore Achieve Peak Athletic Performance Exh A, Page 3 http: /fultimeyesvision.com!’ 3/13/2014 VOLUME 161 Complaint ULTIMEYES® Page 2 of 2 ULTIMEYES® is an affordable, natural and simple-to-use interactive game scientifically designed to improve vision. Learn More » (about php) Contact your Authorized Reseller or the ULTIMEYES® team at [email protected] (mailto:[email protected]) for more information about ULTIMEYES® Featured Links ® Carmot Neurotechnology, Inc. 2014 Exh A, Paged http:/‘ultimeyesvision.com/ 3/13/2014 CARROT NEUROTECHNOLOGY, INC. 239 Complaint ULTIMEYES® Page 1 of 3 ULTIMEYES® (INDEX.PHP) NTU RC hase (URC HA CE en ————— ACTIVATE (ACTIVATE-PHP) ABOUT (ABOUT.PHP) FAQ (FAQ.PHP) CONTACT (CONTACT.PHP) The Science Behind ULTIMEYES® ULTIMEYES® optimizes visual processing to reduce blurring. Proprietary algorthms monitor your performance and adapt to it, creating a customized session to ensure optimal progress.

Numerous scientific studies conducted over more than a decade support the principles upon which ULTIMEYES® was created. ULTIMEYES® is the result of collaboration between Vision Science and Entertainment Software to improve how you see. ULTIMEYES® tailors itself to your unique abilities and is designed to improve visual acuity, contrast sensitivity and attention to yield an overall improvement of your vision. The patent-pending methods of perceptual learning established by Dr. Aaron Seitz, a renowned expert in the field of Perceptual Learning, combined with interactive gaming dynamics proven to engage players, produce high levels of continued focus and, in turn, produces results. How It Works ULTIMEYES® strengthens how the brain processes the visual input from the eyes. Patent pending neuroplasticity technology synchronizes task reinforcement with the appropriate stimuli to improve brain plasticity and vision. ULTIMEYES® pairs this breakthrough science with popular game dynamics Exh A, Pages hittp://ultmeyesvision.com/science php 3/12/2014 VOLUME 161 Complaint ULTIMEYES® Page 2 of 3 that heighten levels of engagement and provide the positive reinforcement required to drive progress. In addition, combined audio and visual stimuli ensure that brain plasticity is maximized. ULTIMEYES® is designed from the ground up to incorporate theory driven, and empirically supported, approaches to vision training into an entertaining video game, by incorporating already proven components along with: + alerting and orienting cues (sounds spatially located with visual targets) * training of executive attention (distractors progressively become more similar to tasks targets) * tasks designed to help with sustained attention (exercises become progressively longer with time) These approaches, such as multi-sensory stimuli, motivating tasks, and consistent reinforcement to the training stimuli as found in a well-designed video game, aré our way of creating a positive outcome for the user. References 1. Deveau, Loveik, and Seitz (2014). “Broad-based visual benefits from training with an integrated perceptual-learming video game", Vision Research, doi: 10.1016). wisres.2073.12.015. 2. Seitz, A. Rt. & Dinse, H.R. A commen framework for perceptual learning. Curr Opin Neurobiol 17, 148-153, (2007).

3. Levi, BLM. & Li, R. W. Perceptual learning as a potential treatment for amblyopia: a minireview. Vision Ries 49, 2535-2549, (20009). 4. Seitz, A. R., Kim, R. & Shams, L. Sound facilitates visual leaming. Curr Biol 16, 1422-1427 (2006).

5. Polat, U. Making perceptual leaming practical to improve visual functions. Vision Res 49, 2566- 2573, (2008).

8. Seitz, A. R. & Watanabe, T. The phenomenon of task-rrelevant perceptual leaming. Vision Res 49, 2004-2610, (2009).

7. Beste, C.. Wascher, £.. Gunturkun, 0. & Dinse, H. R. Improvement and impairment of visually guided behavior through LTP- and LTD-likeexposure-based visual learning. Gur Biol 21, 876- 882, (2011).

8. Xiao, LQ. et al. Complete Transfer of Perceptual Learning across Retinal Locations Enabled by Double Training. Gurr Biol 18, 1922-1926, (2008). 9. Green, ©. 5. & Bavelier, D. Action video game modifies visual selective attention. Nature 423, 534-537 (2003).

10. Polat, U. et al. Training the brain to overcome the effect of aging on the human eye. Scientific reports 2, 278, (2012).

Exh A, Page 6 http://ultimeyesvision.com/scvence.php 3/12/2014 CARROT NEUROTECHNOLOGY, INC. 241 Complaint ULTIMEYES® Page 3 of 3 11.

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Baker, C.1., Peli, E., Knouf, N. & Kanwisher, N. G. Reorganization of visual processing in macular degeneration. J Neurosci 25, €14-618 (2005). Huxlin, K. R. et al Perceptual releaming of complex visual motion after V1 damage in humans. J Neurosci 29, 3981-3891, (2009).

Vaina, L. M. & Gross, 0. G6. Perceptual deficits in patients with impaired recognition of biclogical motion after temporal lobe lesions. Proc Natl Acad Sci U S.A 101, 16047-16657, (2004).

Ostrovsky, Y.. Andalman, A. & Sinha, P. Vision following extended congenital blindness. Psychol Sci 17, 1009-1014, (2006).

Li, Row, Klein, S.A. & Levi, 0. M1. Prolonged perceptual leaming of positional acuity in adult amblyopia: perceptual template retuning dynamics. J Neurosci 28, 14223-14220, (2008). Seitz, A. F., Kim, D. & Watanabe, T. Rewards evoke leaming of unconsciously processed visual stimuli in adult humans. Neuron 67, 7OO-FO7, (2009). Shams, L. & Seitz, A. R. Benefits of multisensory learning. Trends Cagn Sei, (2008). Kim, R.5.. Seitz, A. R.& Shams, L. Benefits of stimulus congruency for multisensory facilitation of visual leaming. PLoS ONE 3, e1532 (2008). Zhang, J. ¥. et al. Stimulus coding rules for perceptual leaming. PLoS Biol @, e197 (2008). @ Carrot Neurotechnoalogy, Inc. 2014 Exh A, Page T http:ultmeyesviston.com/science. php 3/12/2014 VOLUME 161 Complaint ULTIMEYES® Page 1 of 2 ULTIMEYES® (INDEX.PHP) MeOH? PURCH Gr Oe ACTIVATE (ACTIVATE.PHP) ABOUT (ABOUT.PHP) FAQ (FAQ PHP) CONTACT (CONTACT PHP) Buy Mow $5.99 for a limited time About ULTIMEYES® ULTIMEYES® is a non-invasive interactive program designed specifically to improve vision by optimizing visual processing in just four simple 25-minute sessions per week for a total duration of eight weeks. Our customers’ performance of ULTIMEYES® is monitored by professional ULTIMEYES® vision coaches to ensure maximum effectiveness. Additionally, we make performance data of each session available to your eye-care provider so that he/she can monitor your progress as well. On average, participants in our monitored studies—conducted by University of California researchers—improved by twa lines on the eye chart! Contrast sensitivity, which ts the visual skill that enables you to distinguish objects in dim light and against obscure backgrounds, increased dramatically among users in these studies.

Read More The Science Behind ULTIMEYES® (science.php) Proven Benefits (science.php) Exh A, Page 6 http: /‘ultmeyesviston.com/about.php 3/12/2014

VOLUME 161 Complaint ULTIMEYES® Page 1 of 6 ULTIMEYES® (INDEX PHP) muePURC Her (PURCHASE ACTIVATE (ACTIVATE PHP) ABOUT (ABOUT PHP) FAQ (FAQ.PHP) CONTACT (CONTACT .PHP) Buy Now $5.99 for a limited time Frequently Asked Questions Click on any question to see its answer. 1. What benefits have ULTIMEYES® users experienced? 100% of ULTIMEYES® users have experienced improvements in vision in at least one area, including near vision, far vision, peripheral vision, and contrast sensitivity either monocularly (in one eye) or binocularly (in both eyes).

What are the side effects of ULTIMEYES®? There are no known side effects from ULTIMEYES®, except better vision. . How many ULTIMEYES® sessions are required to improve my vision? Individuals will notice improvements at different rates. Qur research shows that robust improvements in vision are found after completing 32 sessions with some of the individuals noticing some improvement in less than 16 sessions. For maximum benefits we recommend 4 ULTIMEYES® sessions per week, for 8 weeks.

Exh. A, Page 10 http: ‘ultmeyesvision.com/faq.php 3/122014 CARROT NEUROTECHNOLOGY, INC. 245 Complaint ULTIMEYES® Page 2 of 6 4. Should | wear glasses when using ULTIMEYES® Our advice is to use ULTIMEYES® under the viewing conditions that you want to perform best in. If you want fo see better with prescription lenses then wear lenses, if you want to see how well you can see without lenses you can try without. For example, some people like to attempt activities without glasses or contacts (reading, getting by around the house, some photographers, etc) and ULTIMEYES® can help with this. However, please be aware that ULTIMEYES® does not correct the optics of your eyes. Thus your vision will be best with optical corrections (glasses, contacts, LASIK, etc) combined with brain training.

5. Do | have to use ULTIMEYES® from 2ft or 5ft? Please use ULTIMEYES® from the same distance in each of your sessions because ULTIMEYES® keeps track of your visual abilities and if you use ULTIMEYES® from different distances each time then it will not provide the correct challenge. The 2ft (near) and 5ft (far) distances are standard reccomendations, however, they do not change what stimuli you are shown and you are welcome to choose a different distance if you have a good reason for this. For example, ULTIMEYES® is best when you are using it under the conditions that are similar to the daily visual tasks that you want to engage in. Thus it is reasonable to pick a distance that is consistent with your desired reading distance, or the distance that you normally use your comptuer.

6. Why do my eyes feel like they got a work-out? ULTIMEYES® exercises your vision in a way that may be different than you experience in daily life. Thus, just like the first time that you go to the gym, the first time that you use ULTIMEYES® your eyes may feel a bit tired. This experience typically goes away by your third session as your visual system adjusts to its new work-out routine.

7. Can | use ULTIMEYES® in lieu of glasses or retinal surgery? Exh. A, Page 11 bttp:fultimeyesvision.com/faq.php 3/12/2014 VOLUME 161 Complaint ULTIMEYTES® Page 3 of 6 10.

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Some people might find that they don't require their glasses to do things that required their glasses before using ULTIMEYES®, however, this is dependent on each individual's visual capability, including but not limited to factors such as the optics of the eye. It's common for users of ULTIMEYES® to experience improved vision and diminished need for glasses following use, though they might still require glasses for some visual tasks.

. 'man athlete, can ULTIMEYES® improve my vision? Competition requires being at your best. This includes not just physical but also mental abilites. To be at the best of your game, you need to optimize your vision. Some of the benefits to vision that ULTIMEYES® delivers are especially beneficial for athletes or anyone required to perform optimally in challenging dynamic environments. Distinguishing objects against confusing backgrounds such as a ball traveling in front of a crowd in and out of light, quick identification of threats in the periphery, and responding quickly and correctly to these kinds of circumstances are just a few of the visual benefits that athletes can benefit from. ULTIMEYES® is currently in use by athletes at all levels, including collegiate to professional, in both team sports like baseball and football, and individual sports like tennis and motorsports. . Why is ULTIMEYES® beneficial after LASIK or cataract surgery? Visual correction surgery dramatically improves the visual function of the eyes, however, to achieve the very best results, the brain needs to be taught how best to work with your new eyes. ULTIMEYES® is a cutting edge brain-training program that stimulates brain plasticity and will enable your visual processing to adapt optimally to the change in your eyes following surgery. Using ULTIMEYES® will increase your ability to distinguish objects in greater detail.

How long is each ULTIMEYES® session? Each ULTIMEYES® sessions lasts about 25 minutes. How often should | use the ULTIMEYES® program? Exh. A, Page 12 http: /‘ultimeyesvision.con'faq.php 3/12/2014 CARROT NEUROTECHNOLOGY, INC. 247 Complaint ULTIMEYES® Page 4 of 6 12.

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For maximum benefits we recommend 4 ULTIMEYES® sessions per week, on separate days. Doing multiple ULTIMEYES® sessions on the same day may or may not provide extra benefits, and if you choose to do extra sessions on a given day please do not count them towards our reccomended 32 session routine. Also we reccomend against doing multiple sessions on the same day dunng your first week of training. Doing more than 4 sessions per week or more than 32 sessions may provide additional benefit. Research is still pending on how different scehdules impacts the benefits thay you may recieve and our reccomendations are based upon what has worked thus far in laboratory studies. What happens if | quit a session early? Quitting an ULTIMEYES® session early will not save any of your progress on your current session. The next time you open ULTIMEYES®, your last session we be restarted. We do not recommend quitting a session early, each session is only 25 minutes! There is a "pause" option, if you need a quick break.

Why is there a calibration at the beginning of each ULTIMEYES® session? The calibration at the beginning of each ULTIMEYES® session assesses your visual abilities, and sets up the exercises to your appropriate level. It is very important to try your best at the calibration so your vision can improve. What is the purpose of the assessments? Assessments are provided on a periodic basis so that improvements can be measured and tracked. They also are used to determine your visual skills and the program presents additional visual challeneges based upon your scores on the Contrast Sensitivty Assessment. We strongly reccomned doing this when given the opportunity. Increased scores reflect improved vision. ULTIMEYES® keeps track of the scores so you can keep track of your improvement. Assessment 1 (‘Landolt C') measures the visual skill required to read various size fonts at various levels of contrast, while Exh. A, Page 13 http: /‘ultmeyesvision.com/faq.php 3/12/2014 VOLUME 161 Complaint ULTIMEYTES® Page 5 of 6 15.

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Assessment 2 (Contrast Sensitivity Function measurement) measures contrast sensitivity, which is the visual skill of distinguishing objects against a background.

Why is ULTIMEYES® becoming more challenging? ULTIMEYES® adapts itself to your capabilities. In doing so it will set standards that you may find more challenging than previous sessions. This ensures that the program taps into your maximum capabilities, and is constantly working your brain. Don't get frustrated. It's part of our unique methods of improving your vision. Also, from a practical perspective, please make sure that your screen is free of dust and smudges, and that you keep the glare on your screen to an absolute minimum. It makes a big differencel What are the target images? These are called Gabor images. Studies have shown neurons in the early visual cortex of the brain respond close to optimally to Gabor patterns and these are widely considered to be the building blocks through which the brain constructs its visual perceptions. Training the brain with Gabors is a method of exercising the most basic functions of the visual system. Why is there sound? Part of our patent pending technology revolves around sound. We have found that making the user acoustically aware as well as visually aware of the target image enhances the interaction, thereby increasing brain functionality.

Do | need an Internet connection to use ULTIMEYES®? You will need to be connected to the Internet to download the ULTIMEYES® program. You can run the ULTIMEYES® sessions without an Intemet connection, however we recommend you are connected to the Intemet at least once per week. This allows the ULTIMEYES® team to track your progress.

Who keeps track of my ULTIMEYES® progress? Exh. A. Page 14 http:‘ultimeyesvision.com faq. php 3122014 CARROT NEUROTECHNOLOGY, INC. 249 Complaint ULTIMEYES® Page 6 of 6 After each ULTIMEYES® session, all data will be automatically uploaded to a database. Here the ULTIMEYES® team can see all session information, moniter your progress as well as provide support and coaching. 20. Who can | contact for help with the ULTIMEYES® program? For any questions, concerns, or prablems please email [email protected] (mailto:[email protected]) © Carrot Neurotechnology, Inc. 2014 Exh. A, Page 15 http:ultimeyesvisien.com/faq.php 3/12/2014 VOLUME 161 Complaint ULTIMEYES® Page lof 2 ULTIMEYES® (INDEX PHP) mT RC ee PURCHA GD Po ACTIVATE (ACTIVATE.PHP) ABOUT (ABOUT PHP) FAQ (FAQ.PHP) CONTACT (CONTACT PHP) Buy Now $5.99 for a limited time Christina (daughter age 5) | am grateful for ULTIMEYES® for helping my daughter with her vision. | would be happy to recommend the program to anybody that needs it, tt was very easy to use. Now my daughter's vision went back to normal. Tina, Age 46 My eyes were getting weaker, and couldn't see my friends clearly over the dinner table. After using ULTIMEYES® for only a couple of weeks | began to see a difference. Less eye strain, and | could now see people clearly. Definitely noticed a difference and the eye chart test proved it! Cora, Age 45 | did the program over a two month period and could read three lines better on an eye chart from twenty feet away! | found the program easy to use, and actually quite relaxing. Its not like a test, and would recommend it to anyone who wants fo try to improve their eyesight. Jeff, Age 41 Exh. A, Page 16 http: ‘ultimeyesvision.com/testimonials php 3/12/2014 CARROT NEUROTECHNOLOGY, INC. 251 Complaint ULTIMEYES® Page 2 of 2 As a photographer, | have always had a keen vision, until a while ago when | noticed | was having trouble focusing. It was worse for me at night, particularly while driving. | couldn't read the signs on the freeway or signs at cross streets. It had gotten to the point where | needed glasses. My vision was even worse within three feet. My optometnst recommended ULTIMEYES® as a possibility. | have been using ULTIMEYES® on my iMac from five feet away. The first thing | started noticing was that there were dirt marks on my walls in my house. Subtle didn't notice them before—but now | see them everywhere. | realized my ability to discerm subtle changes in contrast had improved. | can also read text on the TV at a distance where that was difficult before. | have noticed, that | can read street signs and freeway signs without my driving glasses—that takes a lot of stress. When | went in for an evaluation at my optometrist's office, | was very pleased at testing out with a two-line improvement on my reading chart. In one eye | went from 20/50 to 20/30. | am very happy about this and am continuing with ULTIMEYES®, with a goal of getting both eyes to 20/20 at least. | am very happy with the results and highly recommend ULTIMEYES®).

Testimonials from Athletes “My eyes feel stronger. They don't get tired as much." “| can see the ball better while | am hitting.” “| have greater peripheral vision. Easy to see further." “| can tell a change in dim light and being able to distinguish lower contrasting things.

@ Carrot Neurotechnology, Inc. 2014 Exh. A, Page 17 http: ‘ultimeyesvision.comw'testimonials.php 3/12/2014 VOLUME 161 Complaint Exhibit A-1 CARROT NEUROTECHNOLOGY, INC. 253 Complaint Ultimeyes® Carrot Neurotechnologies Turn Back The Clock On Your Vision Reverse the effects of aging ayes. Why rely on reading glasses... .and a flashlight to read restaurant menus when you don't have to. ULTIMEYES® delivers sharper vision without glasses and dramatically improves the ability to see in dim light.

¥ availibhe ay the Apo Store Achieve Feak Athletic Performance Improve on-field, on-court and cn-track performance with ULTIMEYES®. Check out the articles below and find oul what ULTIMEYES® is and what it is did for the Uc Riverside baseball team Ext. Aci, Page 2 VOLUME 161 Complaint ULTIMEYES® is an affordable, natural and simple-to-use interactive game scientifically designed to improve vision. Leam More » Contact your Authonzed Reseller or the ULTIMEYES® team at [email protected] for more information about ULTIMEYES® Featured Links : i oo eon Apparently, Your Tablet Can Give You Super-Vision Betier B R from Brain-training R Hmm UC Riverside Baseball Players Gain Edge, Wins As Part Of Vision study eo Leaming to see better in life and baseball em Vision and the Brain: Can we be Trained to See Better? eo How To Improve Your Eyesight By Exercising The Brain With Perceptual Leaming' soon Training Gives Baseball Players Superhuman Vision eon Study Reports Brain can be Trained to See Better sooo Leaming To See Better In Life And Baseball eOrmon Screen time improves eye sight: study eon Perceptual Leaming’ Exercise may help in Improving Vision: Study eon High Tech Training Improves Vision sor Augentraining per Software eon Perceptual learning can improve vision and on field performance in baseball st l Their Evesight With Virtual Traini Exh. Ar|, Page 3

VOLUME 161 Complaint «Mormon Training Your Brain to Improve Your Vision coo This Si spp Can Trai Brain t 07.5 Visi COO The App that Trains You to See Farther... or Does It? «Too New Game offers Supermuman Vision sn New app claims to improve eyesight in 8 weeks eo See Like 3 Big-Legque Slugger eo University of California Reports Findings That ULTIMEYES® Produces Better Vision and Real World Benefits — Published in Current Biology soon Can Ultimeyes app train your brain to give you superhuman vision? eon University of California Reports Findings That ULTIMEYES® Produces B Viel R Vorid Benefits — Publi De Bi soon Can Ultimeyes app train your brain to give you superhuman vision? eon WitimEyes iPad App Improves Your Vision by Training Your Brain en Reverse the effects of aging eyes! ULTIMEYES® eon This iPad apo trains vour eves for better than 20/20 vision eon WitimEyes iPad App Improves Your Vision by Training Your Brain como Want To Improve Your Vision? 25 Minutes on this App Will Improve Your Vision By 31% ooo A neuroscientist has just developed an app that, after repeated use makes you see farther. Absolutely astonishing and 100% real. eon Training with ULTIMEYES will improve visual acuity and contrast sensitivity allowing hitters to see things clearer and earlier iPhone Application and Game Reviews and News son WJitimeyes Ipad App Improves Your Vision By Training Your Brain Exh. Ad, Page 5

VOLUME 161 Complaint Exhibit B CARROT NEUROTECHNOLOGY, INC.

Complaint ULTIMEYES® A simple-to-use interactive game scientifically shown to improve v sian.

$0.99 for a limited time eeoaten pe diresceet Lae At Seine and Lesbsint deals The Science Behind ULTIMEYES® ULTIMEVES®: optimizes visual processing io reduce blurring Proprietary algorithms monitor your performance ard adapt to it, creating a customized session to ensure optimal progress Numercus scleniitc studies conducted over mare than a decade support the principles upon which ULTIMEYES® wascreaied ULTIMEVES® is tre result of collaboration between Vision Science and Entertainer ent Software ta improve how you sae. ULTIMEVESS tailors Esalf ic your umique abilities and is designed to improve visual culty, contrast sensitivity and attention fo yield an overall improvement of wour wision The Ement-panding methods of perceptual learning established by Dr. Aaron Seitz, a FeNOwNGd GPT i Ine 1d Of PEPE IUe! Leeming, SOMnined wih interactive gaming dynamics proven to engage players, produce high lewels of cont ued focus and, ih burn, produces results. aches, E., Gertarkun. 0. & Dinge H.R. lpr AB, 201 ABU, Le Green, 6.3.6 Pots, U. ef ai TS MD LETT HOMES HIE LOCH 0. Action video game Thodifies: view! sciecine: afention. h ng ihe brain io. overcome He 7 of aging on tre human eye Bakes, ©. |, Pe Kneul, 6. & Karevisher, MG. Reongan Ft a Perce pual meieaming of complex visual ma Lid & Geos C OG. Perce sSeticks in patients. wit esby, TRAM, A ee Sia PVE ee ny Ce 1a AOL a7. A A, Mr, Shams, | & Saez AR Borasiits Kim, AS. Sade, A.

tare, J. Fe a PG vec | cure ee rn visual peocessing in macui degeneration. J 7 Samage: Wr bie fal aouny ih AL aMbbepea pErcepiual iii) plOCRSSiS viwual sliTreb in acl EXISTING USERS How It Works ULTIMEVES® strengihens how the brain processes the visual Input the = oayox. Patent pending neurophasticity technology synchronizes tas reinforcement eviih the appropriate stimull to Improve brain plasticity and velon, ULTIMEYES# pairs this breakthrough science with popula" game dynamics that heighten levels of engagament and prowie the positive reinforemeant fequired to drive progress. In addction, combined acdio and visual Stisuull ensure that brain plasticity it maximized. from ULTIMEVES® is designed from the ground up to Incanporate theory driven, and empirically supported, approaches to wisian training into an entertaining video game, by incorporating aready proven SOMponemts along with:

alerting and orienting cues (sounds spaliall, located ‘with ‘visual targets} straining of executive afieniion (distr become money similar to tasks ‘amgets) «tasks designed to help with sustained altenfon (exercises become progressively longer with time) iors progressively These approaches, such as mutti-<sansary stimuli, motivating tasics and consistant reinforcement to the training stimuli as found in & well-designed video game. are cur way of creating a positive outcome: for the user.

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Maen of ual warrong Alcs ONE 4, J VOLUME 161 Complaint EYES® PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS: Buy ULTIMEYES® now $5.99 piscosnes or tinted iene Available on Windows, Mac, iPad and Android devices WINDOWS & MAC © IPHONE and IPAD ANDROID k to buy k to buy Step #1 ee s 2 userna Lg App Store Your linked t0 the ULTIMEYES® you're on y puter go-to the A e AVAILABLE NOW! AVAILABLE NOW! Step #3 noose a payment method uae Payros EYES® PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS: ULTIMEYES® A simple-to-use interactive game scientifically shown to improve vision Congratulations on your purchase of ULTIMEYES® You are one step closer to better vision, ULTIMEYES® is a noninvasive camputer program sion with our simple and comprahensive that is specifically designed to improve you technology that delivers results in a fun rewarding way. ‘Click to Actrvalts ULTIMEYES® Nowt CARROT NEUROTECHNOLOGY, INC. 261 Complaint ULTIMEYES® > SS E A simple-to-use interactive rr FP FP game scientifically shown to ces z improve vision.

$9.99 for a limited time ‘Avaliabi arviowes. Wee. Pas, (Phone ard Android devees About ULTIMEYES® ULTIMEYES® is a non-invasive interactive program designed specifically to improve vision by optimizing visual processing In just four simple 25-minute sessions per week for a total duration of eight weeks.

Our customers’ performance of ULTIMEYES® is monitored by professional ULTIMEYES® vision coaches to ensure maximum effectiveness. Additionally, we make performance data of each session avalable to your eye-care provider so that he/she can monitor your progress es well, On average, participants in our monitered studies—conducted by University of California researchers—improved by two lines on che eye chart! Contrast sensitivity, which is the visual skill that enables you to distinguish objects in dim light and against obscure backgrounds, Increased dramatically among users in these stud es.

(GUESS GST scenic tie nis Sian pt ae os VOLUME 161 Complaint EXISTING USERS:

ULTIMEYES® E E E A simple-to-use interactive rr rP P game scientifically shawn to '* TOZ TOZ improve vision. ss $5.99 for a limited time we, Unc Fad Prone and Andro devo, Frequently Asked Questions Click Of any QUaSstION 1d see IIs answer. 1, What benefits have ULTIMEYES#® users experienced? ULTIMEYES® users have axperienced improvaments in differant areas of vision, including near vision, far vision, peripheral vision, and contrast sensitivity either monocularly (in ne eye) or binocularly (in both eyes). 2, What are the side effects of ULTIMEYES#? There are no knewn side effects from ULTIMEYES®, except better vision. 3. How many ULTIMEYES® sessions are required to improve my vision? Individuals will notice improvements at different rates. Our research shows that robust improvements in vision are found after completing 32 sessions with some of the individuals noticing some improvement in less than 16 sessions. For maximum benefits we recommend 4 ULTINEYES® sessions per week, for weeks. 4. Should | wear glasses when using ULTIMEYES® CARROT NEUROTECHNOLOGY, INC. 263 Complaint 2. What are the side effects of ULTINEVES#? There are no Known side effects from ULTIMEVES®, except better vision. 3. How many ULTIMEYES® sessions are required to improve my vision? individuals will notice improvements at different rates. Our research shows that robust improvements in vision are found after completing 32 sessions with some of the individuals noticing some improvement in less than 16 sessions, For maximum benefits we recommend 4 ULTIMEYES® sessions per week, for 8 weeks. 4, Should | wear glasses when using ULTIMEYES® Our advice is to use ULTIMEYES® under the viewing conditions that you want to perform best in. F you want to see better with prescription lenses then wear lenses, If you want to see how well you can see without lenses you can try without. For axample, some people like to attempt activities without glasses or contacts (reading, getting by around the house, some photographers, etc) and ULTIMEYES® can help with this. However, please be aware that ULTIMEYES® does not correct the optics of your eyes. Thus your vision will be best with optical corrections (glasses, contacts, LASIK, etc) combined with brain training. 5. Dol have to use ULTIMEVYES® from 2ft or Stt? Please use ULTIMEYES® from the same distance in each of your sessions because ULTIMEYES® keeps track of your visual abilities and if you use ULTIMEYES® from different distances each time then it will not provide the correct challenge. The 2ft (near) and 5ft (far) distances are standard reccomendations, however, they do not change what stimuli you are shown and you are welcome to choose a different distance if you have a good reason for this. For example, ULTIMEYES® is best when you are using It under the conditions that are similar to the daily visual tasks that you want to engage In. Thus it is reasonable to pick a distance that is consistent with your desired reading distance, or the distance that you normally use your comptuer, 6, Why do my eyes feel like they got a work-out? Please use ULTIMEYES® from the same distance in each of your sessions because ULTIMEYES® keeps track of your visual abilities and if you use ULTIMEYES® from different distances each time then it will not provide the correct challenge. The 2ft (near) and 5ft (far) distances are standard reccomendations, however, they do not change what stimuli you are shown and you are welcome to choose a different distance if you have a good reason for this. For example, ULTIMEYES® is best when you are using it under the conditions that are similar to the daily visual tasks that you want to engage in. Thus It is reasonable ta pick a distance that is consistent with your desired reading distance, or the distance that you normally usé your comptuer.

i 10.

VOLUME 161 Complaint Can| use ULTIMEYES® in lieu of glasses of retinal surgery? Some people might find that they don't require their glasses to do things that required their glasses before using ULTIMEYES®, however, this is dependent on each individual's visual capability, including but not limited to factors such as the optics of the eye. It's common for users of ULTIMEYES® to experience improved vision and diminished need for glasses following use. though they might still require glasses for some visual tasks, . man athlete, can ULTIMEYES® improve my vision? Competition requires being at your best, This includes not just physical but also mental abilities, To be at the bast of your game, you need to optimize your vision. Some of the benefits to vision that ULTIMEYES® delivers are especially beneficial for athletes or anyone required to perform optimally in challenging dynamic environments. Distinguishing objects against confusing backgrounds such as a ball traveling in front of a crowd in and out of light, quick identification of threats in the periphery, and responding quickly and correctly to those kinds of circumstances are just a few of the visual benefits that athletes can benefit from. ULTIMEYES® is currently in use by athletes at all levels, including collegiate to professional, in both team sports like baseball and football, and individual sports like tennis and motorsports.

. Why is ULTIMEYES@ beneficial after LASIK or cataract surgery? Visual correction surgery dramatically improves the visual function of the eyes, however, to achieve the very best results, the brain needs to be taught how best to work with your naw eyes. ULTIMEVYES® isa cutting edge braln-training program that stimulates brain plasticity and will enable your visual processing to adapt optimally to the change In your eyes following surgery. Using ULTIMEYES® will increase your ability to distinguish objects in greater detail. How long is each ULTIMEYES® session? Each ULTIMEYES# sessions lasts about 24 minutes. 11.

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CARROT NEUROTECHNOLOGY, INC. 265 Complaint How often should! use the ULTIMEYES# program? For maximum benefits we recommend 4 ULTIMEYES® sessions per week, on separate days. Boing multiple ULTIMEYES® sessions on the same day may or may not provide extra benefits, and if you choose to do extra sessions on a given day please do not count them towards our reccomended 32 session routine. Also we reccomend against doing multiple sessions on the same day during your first week ol training. Boing more than 4 sessions per week or more than 32 sessions may provide additional benefit. Research is still pending on how different scehdules impacts the benefits thay you may recieve and our reccomendations are based upon what has werked thus far in laboratory studies. What happens if | quit a session early? Quitting an ULTIMEYES® session early will not save any of your progress on your current session, The next time you open ULTIMEYES®), your last session we be restarted. We do rot recommend quitting a session early, each session is only 25 minutes! There isa "pause" option, if you néed a quick break. Why is there a calibration at the beginning of each ULTIMEYES® session? The calibration at the beginning of each ULTIMEYES® session assesses your visual abilities, and sets up the exercises to your appropriate level. It is vary important to try your best at the calibration so your vision can improve. What is the purpose of the assessments? Assessments are provided on a periodic basis so that improvements can be measured and tracked. They also are used to determine your visual skills and the program presents additional visual challaneges based upon your scores on the Contrast Sencitivty Assessment, We strongly reccomned doing this when given the opportunity. Increased scores reflect improved vision. ULTIMEYES® keeps track of the scores so you can keep track of your improvement. Assessment 1 (Landon ¢') measures the visual skill required to read various size fonts at various levels of contrast, while Assessment 2 (Contrast Sensitivity Function measurement) measures contrast sensitivity, which is the visual skill of distinguishing objects against a background. Why is ULTIMEYES® becoming more challenging? ULTIMEYES® adapts itself to your capabilities. In doing $0 it will se% standards that you may find more challenging than previous sessions. This ensures that the program taps into your maximum capabilities, and is constantly working your brain. Don't get frustrated, It's part of our unique methods of improving your vision, Also, from a practical perepective, plaage make sure that your ecreen le free of dust and smudges, and that you keep the glare on your screen to an absolute minimum. It makes a big differance! OL eBey 'g yxy 16.

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VOLUME 161 Complaint What ate the target images? These are called Gabor images. Studies have shown neurons in the early visual cortex of the brain respond close to optimally to Gabor patterns and these are widely considered to be the building blocks through which the brain constructs its visual perceptions. Training the brain with Gabors is a method of exercising the most basic functions of the visual system. Why is there sound? Fart of our patent pending technology revolves around sound. We have found that making the user acoustically aware as well as visually aware of the target image enhances the interaction, thereby increasing brain functionality. Do | need an Intemet connection to use ULTIMEYES®? You will need to be connected to the Internet to download the ULTIMEYES® program. You can run the ULTINEYES® sessions without an Internet connection, however we recommend you are connected to the Internet at least once per week. This allows the ULTIMEYES® team to track your progress. Who keeps track of my ULTIMEYES® progress? After each ULTIMEYES® session, all data will be automatically usloaded to a database. Here the ULTIMEYES® team can see all session information, monitor your progress as well as provide support and coaching. Who can | contact for help with the ULTIMEYES® program? For any questions, concerns, or problems please email [email protected] tite | stare} 05 people tke ths: Sign Up to see what yur tients the. (© Carrot Neurolecnnology. int. 2014 CARROT NEUROTECHNOLOGY, INC. 267 Complaint EYES® PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS: ULTIMEYES® A simple-to-use interactive game scientifically shown to improve vision.

5.99 for a limited time General Inquiries Address Authorized Dealers For more information akout ULTIMEYES®, Carrot Neurotechnology, Inc Interested in becoming an Authorized contact info@ultimeyeevision,com 23679 Calabasas Rd, Suite 796 ULTIMEYES® dealer? Contact us at Calabasas, CA 91302-1502 [email protected] Problems Purchasing? If you are having problems purchasing ULTIMEYES® or using a product activation code, email hajp neyesvision.com 6 Cartot Neurotechnology, Inc. 2014 VOLUME 161 Complaint EXISTING USERS: © ULTIMEYES® A simple-to-use interactive game scientifically shown to improve vision 9.99 for a limited time Ayalabe oe Wedora Wee, Pad (Paone and Anctod cece, Christina (daughter age 5) lam gratefy for ULTIMEVES® for helping my daughlar whh her vision. | would be happy to recomend the program to anybody that needs iL il vas very easy to use, Now my dawghter's vision Want back to nermal.

Cora, Age 45 (did the program over a te month paried and could read inrew lings better on an eye chart from twenty feet away! | found the program easy to Use and actually quite relaxing. its not like a test and would recommend @ io anyone who wants to try to improve thalr eyesight.

[Eine | store BES eee eo Tina, Age 46 My eyes ware petting weaker and coukin! see my frends clearly over the dinner table. Affer using ULTIMEVES? for only a couple of ‘woeks | began io see a difference. Less eye strain, anc | could now $66 paople clearly. Definitely noticed a differance and te eye chart treat proved [tl Jeff, Age 41 AS A photographer, | have sways had 4 keer vision, until a while ago when I noticed | was having trouble focusing. It was worse for me at night, particulary while driving. | couldn't reed the signs an ‘the freeway or signs at cross streets. lt had gotten to the point ‘where | needed glasses. My vidlon was aven worse wihin three feet. My optometnel recommended ULTIMEVES® a5 aposeibiny. | have been veing ULTIMEVESS® on my iMac from five feat away. The first thing | startad noticing was that there ware dit mame on my walls in my house. Subtle) dient notice tham bafere—but new | $00 1NEM avEnWnere, | reekzeo my adiy to dscen Subte changes in coniragt had improved. | can also read texton the TV at 2 distance where that was difficull before. | have noticed, that | can read shest signs ad freeway signs ‘without my driving glasses—ihat takes a lotof stress. When | went in for an evaluation al iy Opto wiriat's office, | sas vary pleased at fasting oul with a two-ling IMprovament on my reading chart. In one eye | went fron 20/50 to 20°30, | am very hapgy about ths and am continulng with ULTIMEYES®. with a goal of getting bath eyes to 20/2) at least... | am very happy with the results and highly recommend ULTIMEYES® Testimonials from Athletes "My eyes feel stronger. They don't get tired as much’ "| can gee the ball better while | am hitting." "| have greater perbheral vision, Easy to see further.” "[ can tell change in dim fight and being able to distinguish lower contrasting things.

CARROT NEUROTECHNOLOGY, INC. 269 Complaint Exhibit C Bi sports Vision | testing G) x + © OB httosy/ultimeyesveioncom EYES® PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS:

ULTIMEYES® A simple-to-use vision training app scientifically shown to improve vision $9.99 Avaiabla on Aindoven, Wee, Pad, hore ard Arerond davicwn "Watch o ideo rspod of a eludy conducted or LLTIMEVESS and 9 Dryer) GAA bamadal! beam,” Suny Report ULTIMEYES® Oweniew Vin saaohing tho and of Weel 2 ond the meena | eofiecd how imuth eagorit sto gee that dates on she calender ot my offoe hasging oe 2 vel on the either aecle of the. office. The numbers worm much beghter and lors thuvy. Alfor2 wooks Icon aboady seo a dforonce and [im very much ented 40 seo the improvement offer # weeks! Robs ¥, “Today | had emp Ast fangs pow! of oogess. fame octuely ite feoee feat on fre soreey of my calahone of emma fenglh wwthoub ering my ginesen.” Peter Ri FEATURED IN:

YAHOO! BIBIC, Popular Mechanics (FOX) MersHealth THE HUFFINGTON POST GIZMODO Sos Anactes Times 1 Le | | se 1.98) people like thie. Sign Lip Wo aoa orien yeur hen ih Ext. C, Page 1 VOLUME 161 Complaint EYES@® PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS:

Buy ULTIMEYES® now $9.99 occured cratic: ine Available on Windows, Mac, iPad and Android devices. WINDOWS & MAC IPHONE and IFAD ANDROID Gav iT OW Step #1 P> Google play if miter gat Your usermame will be inked ip the; Ere: zor es a amazoncom ULTIMEYES® datatone so that we can help LTIMEYE YOU Tak Our viii Mprvenient certime AVAILABLE NOW! Step #2 Ere ear ea AVAILABLE NOW! Step #3 © Carrol Mewolechnology, ine. 2014 Ext. C, Page 2 CARROT NEUROTECHNOLOGY, INC. 271 Complaint EYES@® PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS:

ULTIMEYES® A simple-to-use vision training app scientifically shown to improve vision $9.99 About ULTIMEYES® ULTIMEYES® is a non-invasive Interactive program designed spacifically to improve vision by optimizing visual processing in just four simple 25- Minute sessions par week fora total duration of eight weeks. Our customers’ performance of ULTIMEYES® is monitored by professional ULTIMEYES® vision coaches to ensure maximum effectiveness Additionally, we make performance data of each session available to your eye-care provider so that he/she can monitor your progress a5 ell On average, participants in our monitored studies—conducted by University of Calllormia researchers—improved by two lines on the eye chart! Contrast sensitivity, whien |s the visual skill that enables you to distinguish objects in dim light and against obscure backgrounds, increased dramatically among users in these studies Read More © Carrot Neawroler VOLUME 161 Complaint EYES® PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS ULTIMEYES® A simple-to-use vision training app scientifically shown to improve vision $9.99 availone on ireioas, bia, Pad hore atd Androl deve.

The Science Behind ULTIMEYES® ULTIMEYES®) optimizes visual processing to reduce blurring. Proprietary algorithms monitor your performance and adapt to it, creating a customized session to ensure optimal progress. Numerous sciantific studies conducted over more than a decade support the principles upon which ULTIMEVYES® was created ULTIMEYES® Is the result of collaboration between Vision Science and = Enteriainment Software to improve how you sea. ULTIMEYES® tailors itself to your unique abilities and |s designed to improve wisual acuity, contrast sensitivity and attention fo yield an overall improvement of your vision. The patent-pending methods of perceptual learning established by Dr. Aaron Seitz, a renowned expert In the field of Perceptual Learning, combined with interactive gaming dynamics proven to engage players, produce high levels of continued focus and, in turn, produces results How It Works ULTIMEYES# strengthens how the brain processes the visual input from the eyes, Patent pending neuroplasticity technology synchronizes task reinforcement with the appropriate stimuli to improve brain plasticity and vision, ULTIMEVES® paire thic breakthrough science with popular game dynamics that heighten levels of engagement and provide the positive reinforcement fequired to drive progress. in addition, combined audio and visual stimull ensure that brain plasticity is maximized ULTIMEYES@® |s designed from the ground up to incerporate theory driven. and empirically supported, approaches to vision training into an entertaining video game, by Incorporating aleady proven components along with:

Ean. C, Page 4 CARROT NEUROTECHNOLOGY, INC. 273 Complaint + alerting and orienting cues (sounds spatially located with visual targets} + training of execute attention (disiractors progressively become more similar to tasks targets) « tosks designed to help with sustained attention exercises become progressively longer with time) These approaches. such as multi-sensory stimuli, motivating tasks, hd CONSistent reinforcement 10 the taining stimull as found in a well-designed video game, are our way of creating a positive outcome for the user, References U. Making perceptual earning pr The pheno complex visual m fn humans, J Mewre Acts In patients wih impaned re IGFIRKIN f bin Ggical Moun a Payched Sci 17, 10091014, (2006 visual stimu in adue humans. Mew [Ration of visual learring, PLoS ONE 3, ETRE) EES) 2st vecote es tris St Up tones tart par trence the nology, Ine. 3 Ext. C, Page 5 VOLUME 161 Complaint NTAGCT EXISTING USERS ULTIMEYES® £ E A simple-to-use vision training rr re app scientifically shown to ve. TOEZz improve vision :

$9.99 dani on Pheer od & Christina (daughter age 5) lam grateful for ULTIMEVYES® for helping my daughter with her vision. | would ba happy to recommend the program te anymody (hat needs it, it was very easy to use. Now my daughters vision went back to normal Tina, Age 46 My eyes were getting weaker, and couldn't see my friends clearly over the dinner table. After using ULTIMEVES@ for only a couple of weeks | bagan to see a difference. Lass aye strain, and | could now see people clearly. Definitely noticed a difference and the eye chart fest proved It! Cora, Age 45 | did the program over a two month period and could read three lines better on an eye chart from tventy feet away! | found the program @asy fo use, and actually quite relaxing. Ite not ike @ treat, and would recommend it to anyone who wants fo iry te improve their eyesight.

Jeff, Age 41 As a photographer, | have always had a keen vision, until a while ago when | noticed | was having trouble focusing. It was worse for me at night, particularly while driving. | couldn't read te signs on the freeway or signs al cross streets. | had gotten to the point where | needed glasses. My visidh Was evan wire Within fired feat, My optometrist recommended ULTIMEYES® as a possibility. | have bean using ULTIMEYES® on my iMac from five feet away, The first thing | stared noticing was that thane were dit marks on my walls in my house, Subtle—j didn't notice them before—but now | see them everyehere, | realized my ability to discern subtle Exh. ¢, Page 6 changes in contrast had Improved. | can also read text on the TY al a distance where that was dificult before. | have noticed, that | can CARROT NEUROTECHNOLOGY, INC. 275 Complaint read sireet signs and freeway signs without my driving glasses— that takes @ lot of siress. When | went in for an evaluation at my optometrists office, | was very pleased al testing out with a tw improvemant on nvy reading chart. In one aya | want from 20/60 to 20/30. | am very happy about this and am continuing with ULTIMEVES#, with a goal of gatting both ayes te 20/20 at least... | am very hope JLTMEYESS:

life oy with the results and highly recommend Testimonials from Athletes “My eyes feel stronger. They don't get tired as much." | can see the ball betler while |. am hitting.” | have Greater peripheral vision. Easy to see further.” change In dim light and being able to distinguish lower mol Neurolechmology, inc. 2014 Exh. C, Page 7 VOLUME 161 Complaint CONTACT EXISTING USERS ULTIMEYES® £ E A simple-to-use vision training rr FP app scientifically shown to eee TOZ improve vision :

59.99 Avniabie on fincas, Mae, Pad Phe od initia Frequently Asked Questions Click on any question te see is answer i. What benefits have ULTIMEYES® users experienced? ULTIMEYES® users have experienced Improvements in different areas of vision, Including near vision, far vision, peripheral vision, and contrast sensitivity either monocularly (in one eye) or binocularly (in both eyes), 2. What are the side effects of ULTIMEYES®? There are no known side effects from ULTIMEYES®, except better vision. 3. How many ULTIMEYES® sessions are required to improve my vision? Individuals will notice Improvements at different rates. Our research shows that robust improvements in vision are found after completing 32 sessions with some of the individuals noticing some improvement in less than 16 sessions. For maximum benefits we recommend 4 ULTIMEYESO sessions per week, for 8 weeks, 4. Should | wear glasses when using ULTIMEYES® Our advice Is to use ULTIMEVES® under the viewing conditions that you want to perform best in. If you want to see better with prescription lenses then wear lenses, if you want to sea how well you can see without lenses you can try without. For example, some people like to attempt activities without glasses or contacts (reading, getting by around the house, some photographers, etc) and ULTIMEYES® can help with this. However, please be aware that ULTIMEYES® does not correct the optics of your eyes. Thus your vision will be best with optical corrections (glasses, contacts, LASIK, etc) combined with brain training, §. Dol have to use ULTIMEYES®) from 2ft or St? Please use ULTIMEYES® from the same distance in each of your sessions because ULTIMEVES® Keeps track of your visual abilities and if you use ULTIMEYES® from Ext C, Pages different distances each time then it will not provide the correct challenge. The 2ft (near) and Sft (far) distances are standard reccomendations, however, they do not 6.

10.

11, CARROT NEUROTECHNOLOGY, INC. 277 Complaint change what stimuli you are shown and you are walcome to choose a different distance if you have a good reason for this. For example, ULTIMEYES® is best when you are using It under the conditions that are similar to the daily visual tasks that you want to engage in. Thus it is reasonable to pick a distance that is consistent with your desired reading distance, or the distance that you normally use your comptuer, Why do my eyes feel like they got a work-out? ULTIMEYES® exercises your vision in a way that may be different than you experience in daily life, Thus, just like the first time that you go to the gym, the first time that you use ULTIMEVYES® your eyes may feel a bit tired. This experience typically goes away by your third session as your visual system adjusts to its new work-out routine.

. Can | use ULTIMEYES® in lieu of glasses or retinal surgery? Some people might find that they don't require their glasses to do things that required their glasses before using ULTIMBYES®, however, this is dependent on each individual's visual capability, including but not limited te factors such as the optics of the eye. It's commen for users of ULTIMEYES@ to experiance improved vision and diminished need for glasses following use, though they might still require glasses for soma visual tasks, . 'm an athlete, can ULTIMEYES® improve my vision? Competition requires being at your best. This includes not just physical but also mental abilities. To be at the best of your game, you need to optimize your vision. Some of the benefits to vision that UL TIMEYES® delivers are especially beneficial for athletes or anyone required to perform optimally in challenging dynamic environments. Distinguishing objects against confusing backgrounds such as a ball traveling in front of a crowd in and out of light, quick identification of threats in the periphery, and responding quickly and correctly to these Kinds of circumstances are just a few of the visual benefits that athletes can benefit from. ULTIMEYES® is currently in use by athletes at all levels, including collegiate to professional, im both team sports like baseball and football, and individual sports like tennis and motorsports.

. Why is ULTIMEYES® beneficial atter LASIK or cataract surgery? Visual correction surgery dramatically improves the visual function of the eyes, however, to achieve the very best results, the brain needs to be taught how best to work with your new eyes. ULTIMEYES® is a cutting edge brain-training program that Stimulates brain plasticity and will enable your visual processing to adapt optimally to the change In your eyes following surgery. Using ULTIMEVES® will increase your ability to distinguish objects in greater detail, How long is each ULTIMEYES® session? Each ULTIMEYES® sessions lasts about 25 minutes. How often should | use the ULTIMEYES® program? For maximum benefits we recommend 4 ULTIMEYES® sessions per week, on separate days. Doing multiple ULTIMEYVES® sessions on the same day may or may hot provide extra benefits, and if you choose to do extra sessions on a given day Please do not count them towards our reccomended 32 session routine. Also we reccomend against doing multiple sessions on the same day during your first week Exh. 0, Page 3 of training. Doing more than 4 sessions per week or more than 32 sessions may nrnwvine arditional hanetit. Research is still pending on how differant scabies VOLUME 161 Complaint POs sees See ee ee a eee meee eee impacts the benefits thay you may recieve and ourreccomendations are based upon what has worked thus far in laboratory studies. 12, What happens if | quit a session early? Quitting an ULTIMEYES® session early will not save any of your progress on your current session, The next time you open ULTIMEYES®, your last session we be restarted. We do not recommend quitting a session early, each session is only 25 minutes! There is a "pause" option, if you need a quick break. 413. Why is there a calibration at the beginning of each ULTIMEYES® session? The calibration at the beginning of each ULTIMEYES® session assesses your visual abilities, and sets up the exercises to your appropriate level. itis very important to fry your best at the calibration so your vision can improve. 44. What is the purpose of the assessments? Assessments are provided on a periodic basis so that improvements can be measured and tracked. They also are used to determine your visual skills and the program presents additional visual challeneges based upon your scores on the Contrast Sensithvty Assessment. We strongly reccomned doing this when given the opportunity, Increased scores reflect improved vision. ULTIMEYES® keeps track of the scores so you can keep track of your improvement Assessment 1 ("Landolt") measures the visual skill required to read various size fonts at various levels of contrast, while Assessment 2 (Contrast Sensitivity Function measurement) measures contrast sensitivity, which ts the visual skill of distinguishing objects against a background.

415. Why ig ULTIMEYES® becoming more challenging? ULTIMEYES® adapts itself to your capabilities. In doing so It will set standards that you may find more challenging than previous sessions. This ensures that the program taps into your maximum capabilities, and is constantly working your brain. Don't get frustrated. It's part of our unique methods of improving your vision. Also, from a practical perspective, please make sure that your screen is free of dust and smudges, and that you keep the glare on your screen to an absolute minimum. It makes a big difference! 16. What are the target images? These are called Gabor images. Studies have shown neurons in the early visual cortex of the brain respond close to optimally to Gabor patterns and these are widely considered to be the building blocks through which the brain constructs its visual perceptions. Training the brain with Gabors is a method of exercising the most basic functions of the visual system.

17, Why is there sound? Part of our patent pending technology revolves around sound. We have found that making the user acoustically aware as well as vizually aware of the targel image enhances the interaction, thereby increasing brain functionality. 48. Bo | need an Internet connection to use ULTIMEYES®7 ‘You will need to be connected to the Interne! to download the ULTIMETES®) Exh. ¢, Page 10 program, You can run the ULTIMEVES® sessions without an Internet connection, however we recommend you are connected to the Internet at least once per week, CARROT NEUROTECHNOLOGY, INC. 279 Complaint This allows the ULTIMEYES® team to track your progress, 19. Who keeps track of my ULTIMEYES® progress? After each ULTIMEYES® session, all data will be automatically uploaded to a database. Hare the ULTIMEYES® team can see all session information, monitor your progress as well a& provide support and coaching. 20. Who can | contact for help with the ULTIMEYES® program? For any questions, concerns, or problems please email helpdbullimeyesvision.com © Camrol Meuralech Exh. C, Page #1 VOLUME 161 Complaint EVES PURCHASE ACTIVATE ABOUT FAQ CONTACT EXISTING USERS:

ULTIMEYES® A simple-to-use vision training app scientifically shown to improve vision $9.99 General Inquiries Address For mora information about ULTIMEVYES®, Garni Neurotechnology, Inc contact infegbulimeyes vision. com 23679 Calabasas Rd. Suite 796 Calabasas, GA 91302-1802 Authorized Dealers Interested In Becoming an Authorized ULTIMEYES® dealer? Contact us at Support 8 Carol Neurolech nokagy, ime. 200d Exh. C, Page 12 CARROT NEUROTECHNOLOGY, INC. 281 Complaint ACTWATE ABOUT FAQ CONTACT EXISTING USERS:

For Existing ULTIMEYES® Users Only Share ULTIMEYES on your device with additional users for $4.99 Riese 0 cant the Aoiceadioag Po Al ice Be require New User's First Name;

New Users Last Name:

Hew User's Email:

New User Name:

Your License Key:

Choose payment option:

Paypal Pay WITH CREDIT CARD ALS. ony) Please make sure that your device is supported Click Here Download links (Mao, Pt, iPad) and Soense are sent after purchase © Carmnt Neurolechnology. fac 201d Exh, C, Page 13 VOLUME 161 Complaint Exhibit D & ULTINRE ~ de DU CTP cea deed og no ecg Paty - ern iphone = geckos i 6.

CARROT NEUROTECHNOLOGY, INC.

Complaint Exhibit E VOLUME 161 Complaint Exhibit F

ba fax] on nm VOLUME 161 Complaint it’ it muns and runs allowed that win and lose games. DOUG SMITH: From an offensive standpoint, I think our strike zone judgment has got better. Any time We can get in that situation, cur on-base percentage is going to go up, all because we have the ability to lay off a pitch because we see it just a little bit more clearly.

JENNI DEVERU: Many of the players, they described being able to see things in dimmer light conditions, being able to see the ball better, being able to hit the ball better. They had less strikeouts compared to the rest of the league and they had more runs created.

DOUG SMITH: In our game, the margin of error is so small that any edge we get can take us over the top.

ON SCREEN: 31% IMPROVEMENT IN VISION 4.4% FEWER STRIKEOUTS 41 MORE RUNS 4 TO 5 MORE WINS ABRON SEITZ: The key idea is that you're not changing how the eyes were; you're making the brain more efficient at processing the information from the eyes. DANIEL OZER: It made a difference of somewhere between four and five games, and there will be lots o Exh. G on

CARROT NEUROTECHNOLOGY, INC. 293 Complaint Exhibit H M AR KET Englith * : Support ‘About a | Careers; Media Potners Bog ff Bi in jf | PWERED BY | HIE ES SySOmas eropucts | seuumians | srwsreom | | contact us ULTIMEYES ULMMEVES Advil 18, 2014 09:00 ET Chart-Topping ULTIMEYES® App Now Available for iPhone and Android Devices App Sclentifically Shawn to Imprava Viclon is Dewnloadable Now inthe Appla App Store for the iPad and iPhona, and Android Phones via Google Play and Amazon's Appstere for Android LOS ANGELES, C4~viarketwired - April 18, 2074) - Carrot Maurotechology, inc. announced today that its popular vislon-anhancing interactive game App, ULTIMEYESS), has launched for all (5 anal Ancigid platignns. Previously available only for the PC, Mac and iPad, anyone with an IPhone ar Android device can now Improve their vision at home or an the ga. Improve the clarity of your vision anc ability to see in peor lighting, essen the need for reading glasses, and improve vision for sports and other everyday activities for a better lifestyle. From athletes who want to sharpen their “perfect vision" to people who struggle with low veion issues, ULTIMEVES® has been scientifically shown to help increase vision capacities via perceptual learning. “Wie are excited to bring the ULTIMEYES@ app to mobile users around the world, Wa have receivied an epoemous antount of positive feedback from users who are experiencing better vision, with some noticing improverent ines title as three weeks," said Adam Goldberg, CBO of Carrest Neuretechnology, Ine. "We want everyone with aotesd to a PC/Mac, Android and Agple device to be able te benefit from this eagy-to-uae apa that works as o competitive eid fun game," “Having worked with professional teams and individual athiowa on wgion taining for the past 41 yaar, | always leaking for new Tools to ada tomy raglmen whan trying to give the pros an edge, said Cr, Gill Harken, O.0, ef SlowthaGameDown In Laguna Beach, CA. "When | heard about the rasuits that the UC Riverside baseball program had with ULTIMEYES, wa reviewed It and decided to add it ta our sports visien program.”

The mast notable study’ was conducted by the University of California, Riverside in collaboration with the UCR Highlanders baseball team. On average, the visual eeulty increased 31%, wth seven of the players’ vision impreving te 20/7.5 using a standard Snellen chart. Normal vision using the Snellen chart i 20/20. The improved vision resulted in batting performance strikeouts decreasing 4.0% and Increasing the numbey of runs eraatecl, Using Bill James fomnuls for rung createed, the researchers calculated that the team created 41 more rua, eesultng ind to § additonal wink for the season. Looking at other standard measures of offensive performance (Batting Average, Shigging Parcentaga, On Base Percentage, Walks, and Strike Outs), in avery case UCR: yaar-aweryear improvements were sicbstantially greater (at least 3X) than the rast of the aque. Exh. H, Paget ULTIMEYES® is an oasy-to-use integrated app that uses.a serins of spacial game-like oxercises that ceo? VOLUME 161 Complaint SSrulate ram plasticity fo make visual processing more ethcnt Krein pleshorty is the ravers mechansermn that ellis us to acquire neue skills Or improve upon the ones wet already hewe, including vitiert, The program thauld be uted four tines per meek for eight weeks, and each seesion ta only 25 minutes long. Theugh results vary from person te pergon, on average, ULTIMEYES S users that have participated In ULTIMEYES studies could read one or tate lines better on the Snellen eye chart and aeedanced a 100% lnoeata In contrast sancitvity Studies have bean conducted with high performance athletes, law enforcament agencies, and people of all ages, ganders and vision capabilities. Adetional stucies looking at othar vision-ralated issues and applications are alrgady undereay, For more information on WLTIMEVESS: ploage visit wwey ultingyesy'slon.cor and yng poate com/ultimeyes.

About Carrot Neurotechnology, Inc, Carrot Noursteshnolegy, Inc. 's 0 private company founded by nauroscentists and video-game professionals, and is focused! on developing new perceptual leaming mechanisms that debver improved widn and an anhanced liftgate. Carrat Newrstechnology, Inc. develops and sels its Patent ponding integrated game program, ULTIMEVESS, that dalivars afordabla, safe, and comprehensive vision improvement for sports, reading, driving, and relieving the need far tr vitual aids uted for age related eye conditions such as prosbyopia and lose of contrast since "The study was published! by the pterreviewed journal, Current Biology - February, 2014, ? Bill Jamas’ mathods for baseball statistics and analysis were made famous in the movie Moneyball, fttpy Avwe.amazen.com/ULTIMETES bites plas. qeeghe com UITIMEVES itp fappstere.com /ULTIMEYES weneultimayasision,com CONTACT INFORMATION Ryh-Ming Poon PINRLALHeyeSMision. com View Rodi Enncutiva Toon ‘Miatheetinen: Resonate. Srowhurts ete ho St All Alera . ¢] y| ta, fin Tale hieyatgel Matin AP Poe eee + Hed ive Braye, 2: ; WE 4 Comes Heankeat cc SEB apls Tip Rage: Ackennced Snargh ha Ein : Bigeye 0) aay ERO MARRERO ena as, Hed eee tiie Site Map Repire obi Pyetowal pat Agsemabiity pit tea Weadabibsos ofc tevtmanalje.) : . 1 tea Bata APSE Ad UTA A gate So Hupaita _BeSepnabe kere Le a reseed Ex. H, Page 2 Crass CARROT NEUROTECHNOLOGY, INC. 295 Complaint Exhibit I © PRWeb Orie Vostbelty fore Vocus Uniwersiy of Cailfernia Reparis Findings That UCTIMEVESS Produces Better Vision and Real wvarld Benetiis — Pubnstied in Current Biology Acstudy conducted with UCR Baseball Tears demonstesies that Carrot Neurstechroltay Ines interactive saion teining game ULTIMEYES® pradu|ss improved vision and quantfianis neal world benefits Colaveeas, COPRWVEB) Fetrweanry 172014 Carat Neurdnechnokigy, lnc. tday arinounced tut the pearenewerd ourtal Gurert Biglogy publisned ihe results of a sucy ertilled ‘inproved vision and on-field performance in basabell through perepiual learning,” in tye February 17th seus, which domensincbas Brod improved visto resulting from Carat Nouroiochralogy's Integrated interactive game grogeam: UETIMEVESS. yields improved vigion with faa! world benafits. In this peer-reviewed journal, he msasichers goon io aay that te reaults af the study demonstrate the ability io deliver rel world benefits across a broad range of aclivdins ranging fromatblatios to more routine ltnstuie activdies such as reading, watching TY and driving The study was conducted by tha University of California Riverside and the University of Cabfores Rivarsign baseball taam peor to tha 2013 seggoq and included 37 playars. As a ragult of ueing the integrated interactive game program visual acuity of the trained players nerased 31% following use of the program and 7 of ine players reached impressive 20/7.5 Snefen souny Contrast Sensitivity funsdinn imprsd sinilart in the irained players Rarrball players iypitaly have Aanallant viedo, sey tha caterer oF eee imprcyement surprised the eesearchers, Players neoorvec, “My eyes feel stranger’ || can see the bell belles while |'m hithng", “| rane (reeie periosteal visi). Easy io see furl” 1 cen laf achenge in chin fight and being sb Wo desiniguesh ioe cori asiing things” Acuity ib tha sharpness of vision and contrae sensitivity ib the ability to see detaik in ke contrast suchas seeing in din light al figyhl Teating ULTIMEVES# in baseball players enabled enalyaia of real work perfomance, in thes cage belting performance. The study demonstrated that trainad playars delwanad better ootigk! paormance than before use of tha program including 4.4% fawar strike outs, generated 47 mam runs te achieve 4 to S more wins. URS year-over-year improvements were af east tires times greater {han the rest of tha fRAQUR in hatting average slugging Pearmectage, on-hasr parentana, walks and sinkenas hm resaanchars determined UCR s Heed Baseial Coach Qoug Smith sald, "| ddrit think we would see a5 much of an improvement ae we did. Our guys stopped swinging al same pitches and stared hifling al others. Their average slikeoul totel wen! dawn and betling werd up." “This study recaffirms fal our produc! delivers improved visual performance and confirms that these moroveman (rarcesfer inbo practical teabword penefea We're encouraged and exciled by the tread range of Hestyle benefila that many individuals whe ely on Vigion including athletas Gui also those with nomial vision and low vision going about {hair routing tasks,’ said Adam Goldberg, CEO of Carrct Meuvatechnolegy, Inc.

The publication is available now at hitocdwwe.call. comicurrent-binlogy, Viggo sumimary available al. hitp.lyoulubowEKbbr acy). ULTIMEY ES is ourrently avai laberlor Microsont WMingowes, Mac OS ano iPad ano will soon be availabe on Android tablets. For mate informal ian aout WLTIMEV ESS, viet uilimeyeasion.com About Cerrat Weuralechnolagy. Ine.

Carat Neurotechnolagy, Inc, Is. orate Company folindad by GoOnitive naurosciantiste, viewn sclantiets, and former video-game sxeculives fosused on developing new perceplual learning mecharians that deliver imeroved vision and enhanced Mealyle. Carat Neurotechniology, lnc. clevelone anc eells its pated pending integrated game program UILTIMIEY ES tha: delivers aAnrdable sate COMPprenenshe vision improwement ‘or sports, reading. driving and ralleying reed for traditional visual aids weed for age-related eye conditions Such a8 proshyonta and ines of contreat sonedtivity. About Curran: Biology (ell Pres is committed to ATI Hig aCenific communication through the oublicezian of exch. ng research ano reviews As we (Niroduoe PLbCEhONS Bre Sxpend Gu? online content to Serve OUT rowing audience, oUF Mission iemains bo publish end cevelop ural (ial deiver ie Pighea! peasible inlellasius! igen, pranote eerily fuel and are widely digaeninwied Gab Press primary researn lounals inckate the flagship iourmal Cell. For mere inferinaton. please visit hte wws.cell.con Cyausha27 Exh. |, Page 1

CARROT NEUROTECHNOLOGY, INC. 297 Decision and Order DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof and the respondents having been furnished thereafter with a copy of a draft complaint that the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge the respondents with violation of the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.; and The respondents, their attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order (“consent agreement”) that includes: a statement that the respondents neither admit nor deny any of the allegations in the draft complaint except as specifically stated in the consent agreement; an admission by the respondents of facts necessary to establish jurisdiction for purposes of this action; and waivers and other provisions as required by the Commission’s Rules; and The Commission having thereafter considered the matter and having determined that it has reason to believe that the respondents have violated the Federal Trade Commission Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such consent agreement on the public record for a period of 30 days, and having duly considered the comments filed thereafter by interested persons pursuant to Commission Rule 2.34, 16 C.F.R. § 2.34, now in further conformity with the procedure prescribed in Commission Rule 2.34, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Carrot Neurotechnology, Inc. (“Carrot”) is a California corporation with its principal office or place of business at 3995 Prado De Las Frutas, Calabasas, California, 91302.

2. Respondent Adam Goldberg is an owner and officer of Carrot. Individually or in concert with others, he VOLUME 161 Decision and Order formulates, directs, or controls the policies, acts, and practices of the corporation.

3. Respondent Aaron Seitz is an owner and officer of Carrot. Individually or in concert with others, he formulates, directs, or controls the policies, acts, and practices of the corporation.

4. The Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER DEFINITIONS For purposes of this order, the following definitions shall apply:

A. Unless otherwise specified, “Respondents” shall mean Carrot Neurotechnology, Inc., a corporation, its successors and assigns and its officers; Adam Goldberg, individually and as an officer of the corporation; Aaron Seitz, individually and as an officer of the corporation; and each of the above’s agents, representatives, and employees.

B. “Clearly and conspicuously” shall mean that a required disclosure is difficult to miss (i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of the following ways:

1. In any communication that is solely visual or solely audible, the disclosure must be made through the same means through which the communication is presented. In any communication made through both visual and audible means, such as a television advertisement, the disclosure must be presented simultaneously in both the visual and audible portions of the CARROT NEUROTECHNOLOGY, INC. 299 Decision and Order communication even if the representation requiring the disclosure is made through only one means. 2. A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, must stand out from any accompanying text or other visual elements so that it is easily noticed, read, and understood. 3. An audible disclosure, including by telephone or streaming video, must be delivered in a volume, speed, and cadence sufficient for ordinary consumers to easily hear and understand it. 4. In any communication using an interactive electronic medium, such as the Internet or software, the disclosure must be unavoidable. 5. On a product label, the disclosure must be presented on the principal display panel. 6. The disclosure must use diction and syntax understandable to ordinary consumers and must appear in each language in which the representation that requires the disclosure appears. 7. The disclosure must comply with these requirements in each medium through which it is received, including all electronic devices and faceto-face communications.

8. The disclosure must not be contradicted or mitigated by, or inconsistent with, anything else in the communication.

9. When the representation or sales practice targets a specific audience, such as children, the elderly, or the terminally ill, “ordinary consumers” includes reasonable members of that group.

VOLUME 161 Decision and Order C. “Close proximity” shall mean that the disclosure is very near the triggering representation. In an interactive electronic medium (such as a mobile app or other computer program), a visual disclosure that cannot be viewed at the same time and in the same viewable area as the triggering representation, on the technology used by ordinary consumers, is not in close proximity. A disclosure made through a hyperlink, pop-up, interstitial, or other similar technique is not in close proximity to the triggering representation. A disclosure made on a different printed page than the triggering representation is not in close proximity. D. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44. E. “Covered Product or Service” shall mean any Device, as defined below, or any program or service that is: 1. intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals; or intended to affect the structure or any function of the body of man or other animals; and 2. which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

F. “Device” shall mean, as defined in Section 15 of the FTC Act, 15 U.S.C. § 55, an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is: 1. recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them;

CARROT NEUROTECHNOLOGY, INC. 301 Decision and Order 2. intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals; or 3. intended to affect the structure or any function of the body of man or other animals; and which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes. G. “Endorsement” shall mean, as defined in 16 C.F.R. § 255.0(b), any advertising message (including verbal statements, demonstrations, or depictions of the name, signature, likeness or other identifying personal characteristics of an individual or the name or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser. The party whose opinions, beliefs, findings, or experience the message appears to reflect will be called the endorser and may be an individual, group, or institution. H. “Material connection” shall mean any relationship that materially affects the weight or credibility of any endorsement and that would not be reasonably expected by consumers.

I. “Person” shall mean a natural person, an organization, or another legal entity, including a corporation, partnership, sole proprietorship, limited liability company, association, cooperative, or any other group or combination acting as an entity.

J. “Reliably Reported,” for a human clinical test or study (“test”), shall mean a report of the test has been published in a peer-reviewed journal, and such VOLUME 161 Decision and Order published report provides sufficient information about the test for experts in the relevant field to assess the reliability of the results.

K. The term “including” in this order shall mean “including without limitation.”

L. The terms “and” and “or” in this order shall be construed conjunctively or disjunctively as necessary, to make the applicable phrase or sentence inclusive rather than exclusive.

I.

IT IS ORDERED that Respondents, directly or through any corporation, subsidiary, division, or other means, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any Covered Product or Service, including, but not limited to, Ultimeyes, in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, including through the use of a name, endorsement, depiction, or illustration, that the Covered Product or Service improves users’ vision, including that the Covered Product or Service:

A. Improves the vision of users, including people of all ages, genders, and visual abilities;

B. Improves vision with real world benefits, including benefits across a broad range of activities ranging from athletics to more routine lifestyle activities, such as reading, watching TV, and driving;

C. Improves vision on average by 31% and two lines on the Snellen eye chart, and improves contrast sensitivity by 100%; and D. Reverses, delays, or corrects aging eye or presbyopia, including, but not limited to, by improving night vision, improving users’ ability to read in dim light, CARROT NEUROTECHNOLOGY, INC. 303 Decision and Order and diminishing the need for glasses or other visual aids, unless the representation is non-misleading and, at the time of making such representation, Respondents possess and rely upon competent and reliable scientific evidence to substantiate that the representation is true. For purposes of this Part, competent and reliable scientific evidence shall consist of human clinical testing of the Covered Product or Service that is sufficient in quality and quantity, based on standards generally accepted by experts in the relevant field, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. Such testing shall (1) be randomized, double-blind, and adequately controlled; and (2) be conducted by researchers qualified by training and experience to conduct such testing. In addition, all underlying or supporting data and documents generally accepted by experts in the relevant field as relevant to an assessment of such testing as set forth in Part III must be available for inspection and production to the Commission.

II.

IT IS FURTHER ORDERED that Respondents, directly or through any corporation, subsidiary, division, or other means, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any Covered Product or Service in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, including through the use of a name, endorsement, depiction, or illustration, any representation, other than representations covered under Part I of this order, about the health benefits, performance, efficacy, safety, or side effects of any Covered Product or Service, unless the representation is non-misleading, and, at the time of making such representation, Respondents possess and rely upon competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. For purposes of this Part, competent and reliable scientific evidence means tests, analyses, VOLUME 161 Decision and Order research, or studies (A) that have been conducted and evaluated in an objective manner by qualified persons; (B) that are generally accepted in the profession to yield accurate and reliable results; and (C) when they are human clinical tests or studies, all underlying or supporting data and documents generally accepted by experts in the field as relevant to an assessment of such testing as set forth in Part III are available for inspection and production to the Commission.

III.

IT IS FURTHER ORDERED that, with regard to any human clinical test or study (“test”) upon which Respondents rely to substantiate any claim covered by Parts I or II of this order, Respondents shall secure and preserve all underlying or supporting data and documents generally accepted by experts in the field as relevant to an assessment of the test, including, but not necessarily limited to:

A. All protocols and protocol amendments, reports, articles, write-ups, or other accounts of the results of the test, and drafts of such documents reviewed by the test sponsor or any other person not employed by the research entity;

B. All documents referring or relating to recruitment; randomization; instructions, including oral instructions, to participants; and participant compliance;

C. Documents sufficient to identify all test participants, including any participants who did not complete the test, and all communications with any participants relating to the test; all raw data collected from participants enrolled in the test, including any participants who did not complete the test; source documents for such data; any data dictionaries; and any case report forms;

D. All documents referring or relating to any statistical analysis of any test data, including, but not limited to, CARROT NEUROTECHNOLOGY, INC. 305 Decision and Order any pretest analysis, intent-to-treat analysis, or between-group analysis performed on any test data; and E. All documents referring or relating to the sponsorship of the test, including all contracts and communications between any sponsor and the test’s researchers. Provided, however, the preceding preservation requirement shall not apply to a Reliably Reported test, unless the test was conducted, controlled, or sponsored, in whole or in part (1) by Respondents, or by any person or entity affiliated with or acting on behalf of Respondents, including officers, agents, representatives, and employees, or by any other person or entity in active concert or participation with Respondents, or (2) by Respondents’ programmers, manufacturers, or suppliers of any component of the Covered Product or Service. For any test conducted, controlled, or sponsored, in whole or in part, by Respondents, Respondents must establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of any personal information collected from or about participants. These procedures shall be documented in writing and shall contain administrative, technical, and physical safeguards appropriate to Respondents’ size and complexity, the nature and scope of Respondents’ activities, and the sensitivity of the personal information collected from or about the participants. IV.

IT IS FURTHER ORDERED that Respondents, directly or through any corporation, subsidiary, division, or other means, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any product, program, or service in or affecting commerce, shall not misrepresent, in any manner, expressly or by implication, including through the use of a name, endorsement, depiction, or illustration:

A. The existence, contents, validity, results, conclusions, or interpretations of any test, study, or research; or VOLUME 161 Decision and Order B. That any benefits of such product, program, or service are scientifically proven.

V.

IT IS FURTHER ORDERED that Respondents, directly or through any corporation, subsidiary, division, or other means, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any product, program, or service in or affecting commerce, shall disclose, clearly and conspicuously, and in close proximity to the triggering representation:

A. For any representation that any test, study, or research supports any claims about the product, program, or service, all material connections with any person that has conducted, authored, or participated in the test, study, or research; and B. For any endorsement of such product, program, or service, all material connections between the person providing the endorsement and Respondents or any other person manufacturing, labeling, advertising, promoting, offering for sale, selling, or distributing such product, program, or service.

VI.

IT IS FURTHER ORDERED that:

A. Respondents shall pay to the Commission $150,000, which Respondents have stipulated their undersigned counsel holds in escrow for no purpose other than payment to the Commission.

B. Such payment shall be made within 8 days of the effective date of this order by electronic funds transfer in accordance with instructions provided by a representative of the Commission.

CARROT NEUROTECHNOLOGY, INC. 307 Decision and Order C. Respondents relinquish dominion and all legal and equitable right, title, and interest in all assets transferred pursuant to this order and may not seek the return of any assets.

D. The facts alleged in the complaint will be taken as true, without further proof, in any subsequent civil litigation by or on behalf of the Commission to enforce its rights to any payment pursuant to this order, such as a nondischargeability complaint in any bankruptcy case.

E. The facts alleged in the complaint establish all elements necessary to sustain an action by or on behalf of the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this order will have collateral estoppel effect for such purposes.

F. All money paid to the Commission pursuant to this order may be deposited into a fund administered by the Commission or its designee to be used for relief, including consumer redress and any attendant expenses for the administration of any redress fund. If a representative of the Commission decides that direct redress to consumers is wholly or partially impracticable or money remains after redress is completed, the Commission may apply any remaining money for such other relief (including consumer information remedies) as it determines to be reasonably related to Respondents’ practices alleged in the complaint. Any money not used is to be deposited to the U.S. Treasury. Respondents have no right to challenge any activities pursuant to this Part. G. In the event of default on any obligation to make payment under this order, interest, computed as if pursuant to 28 U.S.C. § 1961(a), shall accrue from the date of default to the date of payment. In the event such default continues for 10 days beyond the date that VOLUME 161 Decision and Order payment is due, the entire amount will immediately become due and payable.

H. Each day of nonpayment is a violation through continuing failure to obey or neglect to obey a final order of the Commission and thus will be deemed a separate offense and violation for which a civil penalty shall accrue.

I. Respondents acknowledge that their Taxpayer Identification Numbers (Social Security or Employer Identification Numbers), which Respondents have previously submitted to the Commission, may be used for collecting and reporting on any delinquent amount arising out of this order, in accordance with 31 U.S.C. § 7701.

VII.

IT IS FURTHER ORDERED that Respondents must directly or indirectly provide sufficient customer information, including sufficient identification of all resellers, to enable the Commission to efficiently administer consumer redress to all purchasers of Ultimeyes. If a representative of the Commission requests in writing any information related to redress, Respondents must provide it, in the form prescribed by the Commission representative, within 14 days. VIII.

IT IS FURTHER ORDERED that Respondent Carrot Neurotechnology, Inc. and its successors and assigns, and Respondents Adam Goldberg and Aaron Seitz shall, for 5 years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying: A. All advertisements and promotional materials containing the representation;

CARROT NEUROTECHNOLOGY, INC. 309 Decision and Order B. All materials that were relied upon in disseminating the representation;

C. All tests, reports, studies, surveys, demonstrations, or other evidence in its possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the representation, including complaints and other communications with consumers or with governmental or consumer protection organizations; and D. All acknowledgements of receipt of this order obtained pursuant to Part IX.

IX.

IT IS FURTHER ORDERED that Respondent Carrot Neurotechnology, Inc. and its successors and assigns, and Respondents Adam Goldberg and Aaron Seitz shall deliver a copy of this order to all current and future principals, officers, directors, and managers, and to all current and future employees, agents, and representatives having responsibilities with respect to the subject matter of this order, and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Respondents shall deliver this order to current personnel within 30 days after the date of service of this order, and to future personnel within 30 days after the person assumes such position or responsibilities.

X.

IT IS FURTHER ORDERED that Respondent Carrot Neurotechnology, Inc. and its successors and assigns, and Respondents Adam Goldberg and Aaron Seitz shall notify the Commission at least 30 days prior to any change in the corporation that may affect compliance obligations arising under this order, including but not limited to a dissolution, assignment, sale, merger, or other action that would result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this order; the proposed filing of a bankruptcy petition; VOLUME 161 Decision and Order or a change in the corporate name or address. Provided, however, that, with respect to any proposed change in the corporation about which Respondents learn less than 30 days prior to the date such action is to take place, Respondents shall notify the Commission as soon as is practicable after obtaining such knowledge. Unless otherwise directed by a representative of the Commission in writing, all notices required by this Part shall be emailed to [email protected] or sent by overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, D.C. 20580. The subject line must begin: In re Carrot Neurotechnology, Inc. XI.

IT IS FURTHER ORDERED that Respondent Carrot Neurotechnology, Inc. and its successors and assigns, and Respondents Adam Goldberg and Aaron Seitz, within 60 days after the date of service of this order, each shall file with the Commission a true and accurate report, in writing, setting forth in detail the manner and form of their own compliance with this order. Within 10 days of receipt of written notice from a representative of the Commission, they shall submit additional true and accurate written reports. Unless otherwise directed by a representative of the Commission in writing, these reports shall be emailed to [email protected] or sent by overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, D.C. 20580. The subject line must begin: In re Carrot Neurotechnology, Inc. XII.

This order will terminate on February 22, 2036, or 20 years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of: CARROT NEUROTECHNOLOGY, INC. 311 Analysis to Aid Public Comment A. Any Part in this order that terminates in less than 20 years;

B. This order’s application to any Respondent that is not named as a defendant in such complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the Respondents did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal. By the Commission.

ANALYSIS OF CONSENT ORDER TO AID PUBLIC COMMENT The Federal Trade Commission (“Commission”) has accepted, subject to final approval, an agreement containing a consent order as to Carrot Neurotechnology, Inc., Adam Goldberg, and Aaron Seitz (hereafter “respondents”). The proposed consent order (“order”) has been placed on the public record for 30 days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the order and the comments received, and will decide whether it should withdraw the order or make it final. VOLUME 161 Analysis to Aid Public Comment This matter involves the respondents’ advertising for the Ultimeyes software application. The Commission’s complaint alleges that the respondents violated Sections 5(a) and 12 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a), 52, by representing, either falsely or without adequate substantiation, that Ultimeyes substantially improves users’ vision, including that it: improves the vision of users, including people of all ages, genders, and visual abilities; improves vision with real world benefits, including benefits across a broad range of activities ranging from athletics to more routine lifestyle activities, such as reading, watching TV, and driving; improves vision on average by 31% and two lines on the Snellen eye chart, and improves contrast sensitivity by 100%; and reverses, delays, or corrects aging eye or presbyopia, including, but not limited to, by improving night vision, improving users’ ability to read in dim light, and diminishing the need for glasses or other visual aids. The complaint also alleges that the respondents violated Sections 5(a) and 12 by making the false or misleading representation that scientific testing proves that Ultimeyes improves vision in the above ways.

The order includes injunctive relief that prohibits these alleged violations and fences in similar and related violations. The order applies to marketing claims for any Covered Product or Service, defined as any Device within the meaning of Sections 12 and 15 of the FTC Act, 15 U.S.C. §§ 52, 55, or any program or service that is: (1) intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals; or (2) intended to affect the structure or any function of the body of man or other animals; and which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes. As additional fencing-in relief, the order requires the respondents to follow appropriate recordkeeping and compliance reporting requirements, as well as document preservation requirements for human clinical studies that it conducts or sponsors on any Covered Product or Service.

CARROT NEUROTECHNOLOGY, INC. 313 Analysis to Aid Public Comment Part I prohibits any representation that a Covered Product or Service improves users’ vision, unless it is non-misleading and supported by competent and reliable scientific evidence. Such evidence must consist of human clinical testing of the Covered Product or Service that is sufficient in quality and quantity, based on standards generally accepted by experts in the relevant field, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. Such testing shall (1) be randomized, double-blind, and adequately controlled; and (2) be conducted by researchers qualified by training and experience to conduct such testing. In addition, the respondents must maintain all underlying or supporting data that experts in the relevant field generally would accept as relevant to an assessment of such testing. Part II prohibits any representation about the health benefits, performance, efficacy, safety, or side effects of any Covered Product or Service, unless it is non-misleading and supported by competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. For purposes of this Part, competent and reliable scientific evidence means tests, analyses, research, or studies that have been conducted and evaluated in an objective manner by qualified persons; and that are generally accepted in the profession to yield accurate and reliable results. When that evidence consists of human clinical tests or studies, the respondents must maintain all underlying or supporting data and documents that experts in the relevant field generally would accept as relevant to an assessment of such testing. Part III, triggered when the human clinical testing requirement in Parts I or II applies, requires the respondents to secure and preserve all underlying or supporting data and documents generally accepted by experts in the relevant field as relevant to an assessment of the test, such as protocols, instructions, participant-specific data, statistical analyses, and contracts with the test’s researchers. There is an exception for a “Reliably Reported” test, defined as a test that is published in a peer-reviewed journal and that was not conducted, controlled, or VOLUME 161 Analysis to Aid Public Comment sponsored by any respondent or by any supplier of the respondents. Also, the published report must provide sufficient information about the test for experts in the relevant field to assess the reliability of the results.

Part IV prohibits the respondents from misrepresenting, including through the use of a name, endorsement, depiction, or illustration, the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research, or that any benefits of a product, program, or service are scientifically proven.

Part V requires the respondents to disclose, when triggered by certain representations as to scientific support or endorsements in connection with the advertisement or sale of any product, program, or service, any material connections to any person that has conducted, authored, or participated in any test, study, or research of the product, program, or service; and all material connections between a person providing an endorsement and respondents or any other person manufacturing, labeling, advertising, promoting, offering for sale, selling, or distributing such product, program, or service.

Part VI provides the respondents will pay an equitable monetary payment of $150,000 and contains other provisions related to the payment.

Part VII requires the respondents to provide sufficient customer information to administer redress. Part VIII contains recordkeeping requirements for advertisements and substantiation relevant to representations covered by Parts I through III, as well as order acknowledgments covered by Part IX.

Parts IX through XI require the respondents to deliver a copy of the order to officers, employees, and representatives having managerial responsibilities with respect to the order’s subject matter, notify the Commission of changes in corporate structure that might affect compliance obligations, and file compliance reports with the Commission.

CARROT NEUROTECHNOLOGY, INC. 315 Concurring Statement Part XII provides that, with exceptions, the order will terminate in twenty years.

The purpose of this analysis is to facilitate public comment on the order, and it is not intended to constitute an official interpretation of the complaint or order, or to modify the order’s terms in any way.

Concurring Statement of Commissioner Maureen K. Ohlhausen On September 17, 2015, the Commission issued an administrative complaint and accepted a proposed administrative consent agreement with Carrot Neurotechnology, Inc., regarding allegedly false and unsubstantiated vision improvement claims for Ultimeyes, a video game app.1 The Commission subsequently published a description of the consent agreement package in the Federal Register, seeking public comment.2 The Commission received seventy-seven comments, including many from experts and researchers in the relevant field of perceptual learning.

The Commission now votes to issue the consent agreement without modification and to address commenter concerns in a responsive letter. I concur, but write separately to emphasize our response to one particular set of concerns raised by commenters. 1 In the Matter of Carrot Neurotechnology, Inc., FTC File No. 1423132 (Sept. 17, 2015).

2 Carrot Neurotechnology, Inc., Analysis of Proposed Consent Order To Aid Public Comment, 80 Fed. Reg. 57614 (Sept. 24, 2015), https://www.federalregister.gov/articles/2015/09/24/2015-24220/carrot-neuro technology-inc-analysis-of-proposed-consent-order-to-aid-public-comment#h- 4. All public comments on this matter are available at https://www.ftc.gov/ policy/public-comments/initiative-625.

VOLUME 161 Concurring Statement Part I of the consent agreement requires that Carrot substantiate any future vision improvement claims through testing that is “double-blinded.”3 Many commenters expressed concern about this blinding requirement.4 For example, one commenter explained that “[i]n perceptual experiments it is impossible to produce an intervention to which the participant is ‘blinded’ in the way that a pill or a cream can appear to be identical regardless of whether or not the active ingredient is present.”5 Another noted that it is difficult to control for a test subject’s expectations “for learning from behavioral training techniques where a person is actively engaged with learning materials that they are aware of.”6 Still another argued that socalled “placebo” effects are mental changes that are relevant to perceptual and cognitive learning.7 These are legitimate concerns about the apparent rigidity of the agreement’s blinding requirement.8 However, the blinding requirement already is context-sensitive and flexible – more so than the commenters may realize. As our letter to commenters properly explains, the blinding requirement is flexible because 3 Consent Agreement at 5.

4 See, e.g,. Comments of Russell Cohen Hoffing (Sept. 17, 2015); Comments of Tony Simon (Sept. 17, 2015); Comments of C. Shawn Green (Sept. 17, 2015); Comments of Esther Gonzalez (Oct. 8, 2015); Comments of Daphne Bavelier (Oct. 14, 2015).

5 Comments of Frederick Gallun (Oct. 4, 2015). See also Comments of Daniel Polley (Oct. 17, 2015); Comments of Kyrstel R. Huxlin, PhD, at 1 (Oct. 2, 2015); Comments of Lori Holt (Oct. 5, 2015); Comments of Krish Sathian (Oct. 19, 2015).

6 Comments of Whyte (Sept. 21, 2015).

7 Comments of Stanley Klien (Oct. 18, 2015). See also Comments of Hans Strasburger (Oct. 6, 2015).

8 Indeed, the D.C. Circuit has found that “rigid remedial rules” could deny consumers “useful, truthful information about products with a demonstrated capacity to treat or prevent serious disease.” POM Wonderful, LLC, v. FTC, 777 F.3d 478, 502-03 (D.C. Cir. 2015). In that case, the court upheld a substantiation standard that required double-blinding “whenever feasible.” Id. at 500-503.

CARROT NEUROTECHNOLOGY, INC. 317 Concurring Statement “[w]hat constitutes appropriate blinding and controls … may differ depending on the nature of the intervention and other circumstances.”9 The letter also provides examples of practices that may constitute adequate blinding in this context. It might be more straightforward if the agreement itself explained the blinding requirement’s flexibility. However, I believe our letter to commenters adequately explains the Commission’s position on double-blinding in this case. Therefore, I concur.

9 Letter at 3.

VOLUME 161 Complaint