Terms and Conditions
Agreement between User and www.visionrestorationllc.com
Welcome to www.visionrestorationllc.com The www.visionrestorationllc.com website (the "Site") is comprised of various web pages
operated by Vision Restoration LLC (" Vision Restoration "). www.visionrestorationllc.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.visionrestorationllc.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.visionrestorationllc.com is an E-Commerce Site.
Contractor service provider
Privacy
Your use of www.visionrestorationllc.com is subject to Vision Restoration 's Privacy Policy. Please review our Privacy Policy, which also
governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.visionrestorationllc.com or sending emails to Vision Restoration constitutes electronic communications. You consent to receive
electronic
communications and you agree that all agreements, notices, disclosures
and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Vision
Restoration does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are
under 18, you may use www.visionrestorationllc.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.visionrestorationllc.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of
Vision
Restoration and Vision Restoration is not responsible for the contents
of any Linked Site, including without limitation any link
contained
in a Linked Site, or any changes or updates to a Linked Site. Vision
Restoration is providing these links to you only as a convenience,
and
the inclusion of any link does not imply endorsement by Vision
Restoration of the site or any association with its operators.
Certain services made available via www.visionrestorationllc.com are delivered by third party sites and organizations. By using any product,
service or functionality originating from the www.visionrestorationllc.com domain, you hereby acknowledge and consent that
Vision
Restoration may share such information and data with any third party
with whom Vision Restoration has a contractual relationship to
provide the requested product, service or functionality on behalf of www.visionrestorationllc.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.visionrestorationllc.com strictly in accordance with
these
terms of use. As a condition of your use of the Site, you warrant to
Vision Restoration that you will not use the Site for any purpose that
is
unlawful or prohibited by these Terms. You may not use the Site in
any manner which could damage, disable, overburden, or impair the Site
or
interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information
through any
means not intentionally made available or provided for through the Site.
All
content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on
the
Site is the property of Vision Restoration or its suppliers and
protected by copyright and other laws that protect intellectual property
and
proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions
contained in any
such content and will not make any changes thereto.
You
will not modify, publish, transmit, reverse engineer, participate in
the transfer or sale, create derivative works, or in any way exploit any
of
the content, in whole or in part, found on the Site. Vision
Restoration content is not for resale. Your use of the Site does not
entitle you to make
any unauthorized use of any protected content and
in particular you will not delete or alter any proprietary rights or
attribution notices in any
content. You will use protected content
solely for your personal use, and will make no other use of the content
without the express written
permission of Vision Restoration and the
copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We
do not grant you any licenses, express
or implied to the intellectual property of Vision Restoration or our
licensors except as expressly
authorized by these Terms
International Users
The
Service is controlled, operated and administered by Vision Restoration
from our offices within the USA. If you access the Service from a
location
outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Vision Restoration Content
accessed through www.visionrestorationllc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You
agree to indemnify, defend and hold harmless Vision Restoration, its
officers, directors, employees, agents and third parties, for any
losses,
costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability
to use the Site or services,
any user postings made by you, your
violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of
any applicable laws, rules or
regulations. Vision Restoration reserves the right at its own cost, to
assume the exclusive defense and control of
any matter otherwise
subject to indemnification by you, in which event you will fully
cooperate with Vision Restoration in asserting any
available defenses.
Arbitration
In
the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions, or any
provisions
hereof, whether in contract, tort, or otherwise at law or in equity for
damages or any other relief, then such dispute shall be resolved
only
by final and binding arbitration pursuant to the Federal Arbitration
Act conducted by a single neutral arbitrator and administered by the
American
Arbitration Association, or a similar arbitration service selected by
the parties, in a location mutually agreed upon by the parties. The
arbitrator's
award shall be final, and judgment may be entered upon it in any court
having jurisdiction. In the event that any legal or equitable
action
proceeding or arbitration arises out of or concerns these Terms and
Conditions, the prevailing party shall be entitled to recover its costs
and
reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any
disputes arising as
a result of these Terms and Conditions, whether
directly or indirectly, including Tort claims that are a result of these
Terms and Conditions. The
parties agree that the Federal Arbitration
Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope
and enforceability of this
arbitration provision shall be determined by the Arbitrator. This
arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any
arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER
Further,
unless both you and Vision Restoration agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not
otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. VISION RESTORATION LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE
AT ANY TIME.
VISION RESTORATION LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. VISION RESTORATION LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISION RESTORATION LLC AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF VISION RESTORATION LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination Access Restriction
Vision
Restoration reserves the right, in its sole discretion, to terminate
your access to the Site and the related services or any portion thereof
at
any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Oregon and you
hereby
consent to the exclusive jurisdiction and venue of courts in Oregon in
all disputes arising out of or relating to the use of the Site. Use of
the
Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Vision Restoration as a
result of this
agreement or use of the Site. Vision Restoration 's
performance of this agreement is subject to existing laws and legal
process, and nothing
contained in this agreement is in derogation of
Vision Restoration 's right to comply with governmental, court and law
enforcement requests or
requirements relating to your use of the Site
or information provided to or gathered by Vision Restoration with
respect to such use. If any part of
this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and
liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless
otherwise specified herein this agreement constitutes the entire
agreement between the user and Vision Restoration with respect to the
Site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
Vision
Restoration with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in
judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as
other
business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that
this agreement and
all related documents be written in English.
Changes to Terms
Vision Restoration reserves the right, in its sole discretion, to change the Terms under which www.visionrestorationllc.com is offered. The
most
current version of the Terms will supersede all previous versions.
Vision Restoration encourages you to periodically review the Terms to
stay informed of our updates
Contact Us
Vision Restoration welcomes your questions or comments regarding the Terms:
Vision Restoration LLC
PO BOX 727
Newberg, Oregon 97132
Email Address:
Tyson@visionrestorationllc.com