Terms and Conditions

1. Terms:

Welcome to the web site of Berg-Feinfield Vision Correction (“we”, “us”, the “practice”, or similar terms). By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this web site. The materials contained in this web site are protected by applicable copyright, trademark and other intellectual property or proprietary rights laws.

This web site is offered and available to users who 18 years of age or older. By using this web site, you represent and warrant that you are of legal age to form a binding contract with this practice.

Please read these Terms and Conditions of Use regularly, as they may change at any time. By using this web site after a change in the terms, you agree to follow and be bound by the terms as changed. Our practice may revise these Terms and Conditions of Use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

1. Use License:

Permission is granted to you to download and/or print one copy of the materials on this web site for personal, non- commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:

• A. make more than a reasonable number of copies of the materials for your personal use;
• B. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• C. attempt to decompile or reverse engineer any software contained on this web site;
• D. remove any copyright or other proprietary notations from the materials; or
• E. transfer the materials to another person or “mirror” the materials on any other server or pass off any of the materials on this web site as your own.
  This license shall automatically terminate if you violate any of these restrictions and may be terminated by this practice. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You may not: (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post content; (b) interfere with the web site or any other user’s use of the web site, including, without limitation, overloading, “flooding”, “mailbombing” or “crashing” the web site; (c) send unsolicited e-mail through the web site or forge or mask your identity in any e-mail or posting; (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the web site, or (e) insert any code or product or manipulate the content in any way that affects any user’s experience of the web site.

1. Disclaimer

THE MATERIALS ON THIS WEB SITE ARE PROVIDED “AS IS”. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, OUR PRACTICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS WEB SITE. THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE. IT DOES NOT SUBSTITUTE FOR CONSULTATION WITH AN OPTOMETRIST OR OPHTHALMOLOGIST OR ANY OTHER HEALTH PROFESSIONAL. IF YOU HAVE QUESTIONS ABOUT YOUR OWN INDIVIDUAL SITUATION OR CIRCUMSTANCE, SEEK PROFESSIONAL ADVICE.

1. Limitations:

IN NO EVENT SHALL THIS PRACTICE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) UNDER ANY LEGAL THEORY ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE, THE MATERIALS ON THIS WEB SITE, ANY SITES LINKED TO THE WEB SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE OR SUCH OTHER SITES. TO THE EXTENT

ANY LIMITATION OR EXCLUSION IS FOUND TO BE INVALID OR UNENFORCEABLE, THE LIABILITY OF THIS PRACTICE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT EXCEED $100.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

1. Limitation on Time to File Claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE WEB SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

1. Waiver and Severability:

No waiver of by the practice of any term or condition set forth in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the practice to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect.

1. Revisions and Errata:

The materials appearing on this web site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on this web site are accurate, complete, or current. Our practice may make changes to the materials contained on its web site at any time without notice. This practice does not, however, make any commitment to update the materials.

We will not be liable if for any reason all or any part of the web site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the web site, or the entire web site, to users, including registered users.

1. Registration:

To access the web site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the web site that all the information you provide on the web site is correct, current and complete. If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

1. Third-Party Links:

We have not reviewed all of the sites linked to this web site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user’s own risk.

1. Links to the web site:

You may not create hyperlinks to this web site that portray Berg-Feinfield Vision Correction or any of its affiliates in a false or misleading light. You may not use any “framing” or similar techniques to enclose any portion of the Site. You may link only to the front page of the Site, and not to any other pages.

1. Governing Law and Assignability:

Any claim relating to this web site shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Los Angeles in the State of California and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that you will pursue any claim arising under or related to these Terms and Conditions of Use and the web site only in your individual capacity, and not as part of any class action or collective action.

These Terms and Conditions of Use are not assignable, transferable or sub-licensable by you except with our prior written consent.

1. Medical Advice:
The information presented on or through the web site is made available solely for general information purposes. The information posted here is not to be considered medical advice and is not intended to replace consultation with a qualified medical professional. Do not disregard professional medical advice or delay in seeking it because of something you have read on this web site. We do not answer specific individual medical questions on this web site.

1. Comments and Submissions Regarding Website:

We welcome your comments regarding our web site, our products and our services. However, any information you transmit to the web site is not, and will not be treated as, private, confidential or proprietary. We may make unrestricted use of any information you transmit to us through the web site. You grant us, our affiliates and service providers, and each of our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. This may include personal information about you and your use of the web site. This Section 13 does not apply to protected health information you may send us regarding yourself; personal health information is used only as permitted by applicable law and is subject to our Privacy Policy. Please review our Privacy Policy for more information.

1. Copyright Policy and Allegations of Copyright Infringement:

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials appearing on this web site, infringe your copyright rights, you or your agent may send us a written notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

If you believe that any other person using this website has violated any terms in these Terms and Conditions of Use, please notify us immediately, specifically identifying the conduct or materials at issue. You may contact us by emailing us at info@bergfeinfield.com

1. Indemnification:

You agree to defend, indemnify and hold harmless the practice, its affiliates, or their licensors, service providers, employees, agents, officers, owners, or directors from and against any and all claims, damages, liabilities, judgements, costs and expenses, including attorneys’ fees, arising from or related to your use of the web site in violation of any of the Terms and Conditions of Use.

1. Geographic Restrictions:

We are based in the state of California in the United States. We provide this web site for use only by persons located in the United States. We make no claims that the web site or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the web site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. Entire Agreement:

These Terms and Conditions of Use and our Privacy Policy constitute the sole and entire agreement between you and Berg-Feinfield Vision Correction with respect to the web site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the web site.

1. Your Questions and Concerns:

This website is operated by Berg-Feinfield Vision Correction 2625 W. Alameda Ave., Suite 208 Burbank, CA 91505. All feedback, comments, requests for technical support and other communications relating to the web site should be directed to info@bergfeinfield.com
Thank you for visiting the web site.