Terms & Conditions
Hello! Welcome to J&W Vision Associates, PLLC, or also known as Resolution Eyecare. We know it’s uncommon for most people to muster up the motivation and wade through paragraphs upon paragraphs of legalese so we’ll keep it short and simple.
Information on this Website
Resolution Eyecare has taken reasonable steps to provide accurate information and content on our Sites. However, mistakes can happen, and subject to applicable law, Resolution Eyecare:
(A) reserves the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers at any time and from time to time without any notice or liability to you or any other person;
(B) cannot guarantee that goods or services advertised or offered for sale on the Sites will be available when ordered or thereafter;
(C) reserves the right to limit quantities sold or made available for sale;
(D) does not warrant that all information on the Sites (including product descriptions or photographs) is accurate or complete; and
(E) reserves the right to cancel, to terminate or not to process orders (including accepted orders) if the price or other material information on the Sites is inaccurate or if the customer is not acting in accordance with Resolution Eyecare’s Terms.
The information provided on the Sites are provided “as is” and is free from any guarantee, warrantee, or misprints. We are not responsible for any consequence arising from the use of such information. Furthermore, we are not responsible for the accuracy of content or fitness of any claim or item of information from third party websites linked from our Sites. This is the responsibility of the respective website operators.
The information provided here and through our Sites may not be copied, reused/modified, stored or retained except for review. Our designers and copywriters have labored many long hours to produce a pleasant experience for you and plundering of graphics, photos or digital assets is not allowed. Unless of course the intended use is for publication of press, media, or coverage through journalism outlets. Even then, please ask us for permission prior to such use so we can provide approval in writing. All trademarks and copyrighted information contained on the Website are the property of their respective owners.
Disclaimers and Indemnification
Any violation by you of these Terms may subject you to civil or criminal penalties and may cause irreparable harm to Resolution Eyecare for which monetary damages would be inadequate. Accordingly, in addition to any other rights and remedies available to us, whether at law or in equity, we shall have the right to seek injunctive or equitable relief. Or in other words, we may ask you to do or stop doing whatever you’re doing because it’s causing us a lot of harm!
You shall indemnify and hold Resolution Eyecare, its owners, officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with the breach of any representations or warranties contained herein (including, without limitation, the representations and warranties contained above) or from use of the Sites.
As an illustrative example: Let’s say you let a friend borrow a pair of sunglasses that you purchased from us and they decide to test out just how shatter resistant the lenses really are. You would agree with us and tell them that it was an extremely bad idea to catch the baseball with their face.
If you would like additional examples please contact us.
Limitations of Liability
We tried to introduce a bit of levity into this section but our attorneys advised us not to and said it should be in all caps and bolded because it’s super important.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RESOLUTION EYECARE OR ANYONE REPRESENTING RESOLUTION EYECARE BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (1) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (2) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR RESOLUTION EYECARE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (4) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (1) FEES PAID TO US FOR THE APPLICABLE PRODUCTS OR SERVICES; OR (2) $500.00.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESOLUTION EYECARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Patient Privacy and Personal Health Information
Any personal health-related information obtained through this website, through forms downloaded from this website, or other means of communication will be subject to Privacy Practices Notice of the Practice. The Privacy Practices Notice does not apply to anonymous or non-personal information obtained in the process of accessing this website.
These Terms May be Updated and Revised at Any Time
The world is constantly changing and business laws evolve, therefore we reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. Any such changes will be applicable to all future access to or use of our Sites and services. Thank you for taking the time to read our Terms and we wish you a wonderful day!