MyOptometryLawyer, LLC, is the sole owner and operator of this Web site. MOL does not collect personal information about you without your knowledge. If you choose to provide information on the Web site through site registration, a retention agreement, surveys or forms, that information becomes the property of Steinberg and/or MOL. Neither Steinberg or MOL will purposefully or intentionally resell or distribute any information about you to business partners or any other organizations for any reason whatsoever.
In some instances, the server may use “cookies” to provide you with better experiences while visiting the site. Cookies simply allow our Web server to recognize you when you access the Web site. They are very small text files that are placed on your hard drive (with your permission). Cookies cannot be executed as code or deliver viruses to your computer. The file is uniquely yours and can only be read by our server.
Technical and legal circumstances beyond our control could prevent the Website from ensuring that your information will never be disclosed. For example, among other things, we may be required by law or court order to disclose information to government representatives or third parties under certain circumstances. If the requested by law enforcement officials or judicial authorities to provide information on individuals, Steinberg or MOL may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, Steinberg or MOL may use or disclose your personal information without your consent or court process. Unauthorized parties may unlawfully intercept or access transmissions despite commercially reasonable security efforts. No website is 100% secure. Further, corporate restructurings, sale of assets, merger, divestiture and other changes of control or financial status affecting the Website may require disclosure as an incidental result of a transfer of assets by operation of law or otherwise. Therefore, Steinberg and MOL cannot promise, and you should not expect, that your private information shall remain private under all circumstances and you shall not hold Steinberg or MOL liable for his/its failure to do so.
The Website uses commercially reasonable efforts to ensure the security of your personal information, but no method of transmitting or storing electronic data is ever completely secure, and Steinberg and MOL cannot guarantee that your information will never be accessed, used, or released in a manner that is inconsistent with this policy.
Terms of Service
Notification of Changes
Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS AND ITS ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STEINBERG, MOL, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STEINBERG, MOL, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES OR PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEINBERG, MOL, OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN AND SHALL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEINBERG, MOL, AND HIS/ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STEINBERG OR MOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE OR PRODUCTS; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE, MOL, OR STEINBERG.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Steinberg, MOL, and his/its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or any materials you submit, post, transmit, receive, download, modify or otherwise make available through or obtain from this Website, your use of the Articles, Information, Products or Services, your violation of the TOS, or your violation of any rights of another.
No Unauthorized Commercial Reuse Of Services Or Products
You agree not to reproduce, duplicate, copy, sell, trade, resell, exploit or give away, for any commercial or non-commercial purposes, any portion or use of, or access to, the Website (including Content, advertisements, and your username or account). You may not relabel, resell, or distribute without the prior written permission any materials on or from the Website, including free articles and free forms, which forms are not released into the “public domain” and remain the copyrighted property of Steinberg and/or MOL. You may use said forms solely and exclusively as the holder of a revocable license.
Entire Agreement. This constitutes the entire agreement between you, Steinberg and MOL and governs your use of the Website, superseding any prior version of this Agreement between you and Steinberg or MOL with respect to Steinberg or MOL. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services or Products.
Choice of Law and Forum. You, Steinberg and MOL each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that, except for claims subject to arbitration, any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the any Agreement or the relationship between you and Steinberg or MOL, shall be brought solely and exclusively in the courts located in the County of Los Angeles, California or the U.S. District Court for the Central District of California, which courts shall be the sole and exclusive subject matter and personal jurisdiction and sole and exclusive venue for any legal action between You, Steinberg and/or MOL. You, Steinberg and MOL agree to submit to the personal jurisdiction of the courts located within the County of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Steinberg or MOL to exercise or enforce any right or provision of the Agreement with You shall not constitute a waiver of such right or provision. If any provision of the Agreement between You, Steinberg and/or MOL is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement(s) remain in full force and effect.
No Third-Party Rights. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement. The terms and provisions and benefits of this Agreement shall inure to the benefit of the respective parties hereto and their respective heirs, legal representatives and assigns. No such assignment by any party hereto shall relieve such party of any of their obligations or duties under this Agreement.
No Presumptions Regarding Drafting. There shall be no presumption against any party on the ground that such party was responsible for preparing this Agreement. The headings of paragraphs herein are intended solely for the convenience of reference and shall not control the meaning or interpretation of any of the provisions of this Agreement. You agree and acknowledge that the terms of the agreements between You and MOL are negotiated at arms-length between parties of equal power and sophistication.
No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your username or Account or contents within your account terminate upon your death or upon the termination of your status as an MOL client either by You or by Steinberg. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or products must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration of Disputes. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
- Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and MOL and our employees, agents, successors, or assigns, regarding or relating to the Site or these Terms shall exclusively be settled through binding and confidential arbitration.
- Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
- You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
- Notwithstanding the foregoing, either you or we may bring an individual action in small claims court, exclusively in Los Angeles County, California. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in and the exclusive venue and jurisdiction shall be the state or federal courts located in Los Angeles, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of and exclusive venue in the courts located within Los Angeles, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
- With the exception of subparts (1) and (2) in Section 2(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with these Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in Section 8.2(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles, California.
- Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided MOL with written notice prior to the date of termination.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
- Any and all controversies, disputes, demands, counts, claims, or causes of action between you and MOL and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.