Terms of Use
Last Updated: 10/15/2025
1. Acceptance of Terms
By accessing and using the Murrieta Optometry website (the "Website"), you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use this Website. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Website after any changes constitutes acceptance of those changes.
2. Use of Website
2.1 Permitted Use
This Website is intended to provide information about our optometry practice, services, and to facilitate appointment scheduling. You may access and use the Website for lawful purposes only and in accordance with these Terms.
2.2 Prohibited Activities
You agree not to:
Use the Website for any unlawful purpose or in violation of any applicable laws or regulations
Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks
Use any robot, spider, scraper, or other automated means to access the Website without our express written permission
Introduce viruses, trojans, worms, or other malicious code
Interfere with or disrupt the Website or servers or networks connected to the Website
Collect or store personal data about other users without their consent
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
2.3 Account Security
If you create an account or access our patient portal, you are responsible for:
Maintaining the confidentiality of your username and password
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account
Ensuring you log out at the end of each session
3. Intellectual Property Rights
3.1 Ownership
All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, page layout, underlying code, and software, is the property of Murrieta Optometry or its content suppliers and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include any right to:
Resell or commercial use of the Website or its contents
Collection and use of any product listings, descriptions, or prices
Making derivative uses of the Website and its contents
Downloading or copying of account information for the benefit of another merchant
Any use of data mining, robots, or similar data gathering and extraction tools
3.3 Trademarks
"Murrieta Optometry" and all related logos, product and service names, designs, and slogans are trademarks of Murrieta Optometry. You may not use such marks without our prior written permission.
4. User Submissions
4.1 Submitted Content
If you submit reviews, testimonials, comments, feedback, suggestions, or other materials ("User Content") through the Website, you grant Murrieta Optometry a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, translate, distribute, perform, and display such content in any media.
4.2 Representations
By submitting User Content, you represent and warrant that:
You own or have the necessary rights to submit the content
The content does not violate any third-party rights
The content is accurate and not misleading
The content complies with these Terms and applicable laws
4.3 Prohibited Content
You may not submit content that:
Contains protected health information about yourself or others
Is defamatory, obscene, offensive, or promotes discrimination or violence
Infringes upon intellectual property rights
Contains advertising or solicitations
Contains personal information of others without consent
5. Third-Party Links and Services
5.1 External Links
This Website may contain links to third-party websites or services that are not owned or controlled by Murrieta Optometry. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
5.2 No Endorsement
The inclusion of any link does not imply endorsement by Murrieta Optometry of the linked site or service. Access to any third-party websites is at your own risk.
5.3 Third-Party Tools
We may provide access to third-party tools or services (such as appointment scheduling systems) for your convenience. Use of such tools is subject to the third party's terms and conditions, and we make no warranties regarding such tools.
6. Disclaimer of Warranties
6.1 "As Is" Basis
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
6.2 No Guarantee
Murrieta Optometry does not warrant that:
The Website will function uninterrupted, secure, or available at any particular time or location
Any errors or defects will be corrected
The Website is free of viruses or other harmful components
The results of using the Website will meet your requirements
The accuracy, reliability, or completeness of any content or information obtained through the Website
6.3 Jurisdiction-Specific Rights
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the extent permitted by law.
7. Limitation of Liability
7.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MURRIETA OPTOMETRY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.
7.2 Cap on Liability
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
7.3 Basis of the Bargain
You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, that the same reflect a reasonable and fair allocation of risk between the parties, and that the same form an essential basis of the bargain between us.
8. Indemnification
You agree to defend, indemnify, and hold harmless Murrieta Optometry, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms of Use
Your use of the Website
Your User Content
Your violation of any third-party rights, including intellectual property or privacy rights
Any claim that your User Content caused damage to a third party
9. Privacy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.
10. Digital Millennium Copyright Act (DMCA)
10.1 Copyright Infringement
If you believe that any content on the Website infringes your copyright, please provide our designated copyright agent with the following information:
A physical or electronic signature of the copyright owner or authorized representative
Identification of the copyrighted work claimed to have been infringed
Identification of the infringing material and information reasonably sufficient to locate it
Your contact information (address, telephone number, and email address)
A statement that you have a good faith belief that the disputed use is not authorized
A statement, made under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
11. Governing Law and Jurisdiction
11.1 Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
11.2 Venue
You agree that any legal action or proceeding between Murrieta Optometry and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in the federal or state courts located in Riverside County, California. You consent to the personal jurisdiction of such courts.
11.3 Waiver of Jury Trial
YOU AND MURRIETA OPTOMETRY EACH WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
12. Dispute Resolution
12.1 Informal Resolution
Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice describing the dispute and your desired resolution to [Email Address].
12.2 Arbitration Agreement
If the dispute cannot be resolved informally within 30 days, you and Murrieta Optometry agree to resolve any claims relating to these Terms or the Website through final and binding arbitration, except as set forth below. The arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.
12.3 Exceptions to Arbitration
Either party may bring a lawsuit in court solely for injunctive relief to stop unauthorized use or abuse of the Website or intellectual property infringement without first engaging in arbitration.
12.4 Class Action Waiver
YOU AND MURRIETA OPTOMETRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Murrieta Optometry regarding the use of the Website and supersede all prior agreements and understandings.
13.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
13.3 Waiver
No waiver by Murrieta Optometry of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
13.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
13.5 Force Majeure
Murrieta Optometry shall not be liable for any failure to perform its obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
13.6 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
13.7 Survival
All provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Contact Information
If you have any questions about these Terms of Use, please contact us:
Murrieta Optometry
1171 Murrieta Blvd., Suite 100
Livermore, Ca
Phone: 925-443-3553
Email: info@murrietaoptometry.com
Website: www.murrietaoptometry.com
By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.