The MyPortal is an online service offered by the Law Offices of Jeffrey A. Asher, PLLC, to allow You online access to Your information, messages, and/or documents from the Firm and the ability to communicate online with the Firm and its staff.  By accessing or using MyPortal, You confirm that You have fully read, understand, and agree to these Terms and Conditions of Use, including, but not limited to, the additional terms and conditions specific to such services as File Upload and SMS Messaging (“Terms of Use”).  If You do not agree to these Terms of Use, You will not be permitted to use MyPortal.  Throughout the Terms of Use, the Law Offices of Jeffrey A. Asher, PLLC, is referred to as “Firm”, “We”, or “Us”.  Individuals accessing or using MyPortal are referred to as “You”, “Your”, or “User(s)”.

Purpose of MyPortal

MyPortal allows You another option to access Your information and/or documents and communicate with the Firm.  MyPortal allows You to view certain information and/or documents online in a secure manner, including, but not limited to, selected portions of Your office information and/or documents prepared and provided to you by the Firm.  MyPortal also provides a method to communicate with certain members of the Firm to allow You to: (1) receive important reminders, (2) request information and/or documents from the Firm, and (3) communicate with the Firm and its staff.

MyPortal is not intended to be used to address legal or medical emergencies.  IF YOU ARE EXPERIENCING A LEGAL EMERGENCY, TELEPHONE THE FIRM DURING ITS NORMAL BUSINESS HOURS AND/OR COMMUNICATE WITH THE FIRM’S STAFF THROUGH EMAIL AND/OR SMS MESSAGING.  IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR HAVE AN URGENT MEDICAL PROBLEM, GO TO THE NEAREST EMERGENCY ROOM OR CALL 9-1-1 OR YOUR PHYSICIAN’S OFFICE IMMEDIATELY.

Your Account Profile, User ID, and Password

Prior to Your initial log into MyPortal, You must review these Terms of Use and create a unique password.  You have the option of updating and/or modifying your Account Profile.  You may only provide information that You own or have the right to use when You create, transmit, or display and/or upload information while using MyPortal.  You represent and warrant that all information You provide or supply to the Firm through MyPortal, including, without limitation, information contained in Your personal profile, is accurate and complete.  You are responsible for maintaining the confidentiality of all user identification, password, and other confidential information relating to the use of Your account and are fully responsible for all activities that occur under Your account.  You are responsible for taking all reasonable steps to ensure that no unauthorized person accesses Your account.  You must promptly notify the Firm of any unauthorized use of or access to Your MyPortal account.  The Firm assumes no responsibility or liability for any information that You transmit, receive from, or submit to MyPortal, or for any use or misuse by You or third parties who You authorize.

Your Information and Documents

You may have the opportunity to access your information, documents, and/or messages through MyPortal (“Online Records”). You hereby grant the Firm, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of MyPortal, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use Your Online Records in accordance with the Firm’s Notice of Privacy Practices.  You are responsible for reviewing Your account information as well as any documents produced by the Firm.

Minor Eligibility

An individual must be age 18 or older to request a MyPortal account.  Parents or legal guardians of minor children may request access to the minor child’s account by following the terms outlined in the “Proxy Access” section set forth below.

With parental or legal guardian written consent, minor children between the ages of 13 and 17 (inclusive) may access MyPortal. This consent by the parent or legal guardian allows the Firm to regard the adolescent as an adult.  The consent provided by the parent or legal guardian allows the adolescent to have his/her own MyPortal account.  Adolescents may grant parents or legal guardians proxy access to their MyPortal account by following the terms outlined in the “Proxy Access” set forth below.

Proxy Access

Individuals age 18 or older may request proxy access to another individual’s MyPortal account by successfully completing a Proxy Access Authorization Form and submitting it to the Firm.  Individuals age 13-17 may grant Proxy Access to parents or legal guardians by completing the Proxy Access Authorization Form and submitting it to the Firm.  All Online Records made available in MyPortal will also be made available to Your Proxy.  Such access will only be granted to parties with parental rights or legal guardianship over the MyPortal account holder and only to the extent that the party requesting proxy access can demonstrate the legal right to the account holder’s Online Records.  A MyPortal account will be activated for both the proxy and the account holder.  If the proxy’s legal relationship with the account holder changes, the account holder must inform Us immediately, or send written notice to the Firm.  The Firm reserves the right to revoke proxy access at any time for any reason. A minor who allows the parent or legal guardian to access the minor’s account is permitting the parent/guardian access to information that may be confidential under state and/or federal law.  A minor who allows the parent or legal guardian to access the minor’s account is voluntarily disclosing such confidential information to the minor’s parent or legal guardian and the Firm shall not be liable for any breach of confidential information in such circumstance.

Communication

If You elect to use MyPortal, it may be used by Us to communicate with you (in addition to provide you with selected information and/or documents).  The Firm assumes no responsibility for how You use the Online Records You obtain from MyPortal.  You should direct any questions You have about the data available to You in MyPortal to the Firm.

You should not use MyPortal to send messages regarding matters requiring urgent attention.  While reasonable efforts will be made to provide a timely response to communications through MyPortal, the Firm cannot guarantee a specific time frame for a response or that any response will be provided.  Delays can occur based on the volume of messages and technology outside of the Firm’s control. At times, the Firm’s staff that need to respond to a communication may not be available so You should allow at least two (2) business days for any response.  For these reasons, You should not use MyPortal to communicate with the Firm, including members of the Firm, in urgent situations.

The Firm is only able to respond to electronic communications based on the information You provide.  If You provide insufficient information, the Firm will be unable to provide an accurate or reliable response.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FIRM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE MYPORTAL; (ii) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MYPORTAL; (v) YOUR USE OF THE INTERNET OR YOUR INTERNET SERVICE PROVIDER; (vi) DEFECTS OR INACCURACIES IN YOUR COMPUTER HARDWARE OR SOFTARE, OR ANY OTHER DEVICE USED TO ACCESS MYPORTAL OR THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO YOUR USE OF MYPORTAL.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FIRM EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU TO THE FIRM RELATING TO YOUR USE OF MYPORTAL.  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.

Disclaimer

ANY INFORMATION CONTAINED ON MYPORTAL OR PROVIDED THROUGH MYPORTAL IS PROVIDED ON AN “AS IS” BASIS ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS LEGAL ADVICE OR INSTRUCTION, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED LEGAL PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL LEGAL NEEDS. WE WILL REGARD ALL ACCESS TO AND YOUR USE OF MYPORTAL AS VOLUNTARY AND AT YOUR SOLE RISK.  WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH MYPORTAL.  WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, OR OTHER MATERIAL PROVIDED BY USING MYPORTAL GENERALLY. WE DISCLAIM AND MAKE NO WARRANTY OR GUARANTEE THAT MYPORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Modifications and Updates

The Firm reserves the right to modify, amend, and update these Terms of Use at any time by posting amended Terms of Use on MyPortal.  Any updates to these Terms and Conditions of Use will be posted on MyPortal, from time to time.  You acknowledge and agree that it is Your responsibility to review these Terms of Use from time to time and to be aware of any such changes. Your use of MyPortal after such posting constitutes acceptance by You of the revised Terms of Use.

Proprietary Rights

The materials on MyPortal are copyrighted by the Firm and/or other applicable rights holders.  You acknowledge and agree that MyPortal and any necessary software used in connection with MyPortal contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that any content contained in sponsor advertisements or information presented to You through MyPortal or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Indemnity

You agree to release, indemnify, and hold the Firm, including, but not limited to, its directors, officers, physicians, employees, agents, and third party licensors harmless from and against any and all liabilities, losses, damages, claims, and expenses, including, but not limited to, reasonable attorneys’ fees, with respect to (a) any and all injury, disability, death, or damage to property (tangible or intangible) arising from or relating to Your use of MyPortal; (b) any infringement or violation of any intellectual property rights arising from or relating to Your use of MyPortal (including any content); (c) any breach of Your representations or obligations under this Agreement; and (d) any activity that occurs under Your User ID and password.

MyPortal Use, Rights, and Restrictions

Subject to the terms and conditions outlined in this Agreement, the Firm grants to You a personal, revocable, non-assignable, non-sublicensable, and non-exclusive limited right to (i) use MyPortal and (ii) view all content provided, made available, or otherwise accessible via MyPortal.  Except as expressly authorized by the Firm or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on MyPortal, in whole or in part.  You may download and reprint a single copy of the materials from MyPortal for Your own personal, noncommercial use only, provided You include all applicable notices and disclaimers.  You agree not to modify MyPortal in any manner or form, or to use modified versions of MyPortal, including (without limitation) for the purpose of obtaining unauthorized access to MyPortal.  You agree not to access MyPortal by any means other than through the interface that is provided by the Firm for use in accessing MyPortal.  You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble MyPortal, merge MyPortal into other program material, nor shall You otherwise create or attempt to obtain the source code of MyPortal.

Privacy Notice

You understand that the contents of MyPortal, including, but not limited to, Your Online Records will become a part of Your Online Record.  You authorize the Firm to disclose copies of all or any part of Your Online Records to members of the Firm, as same may be necessary and/or advisable.

Governing Law and Venue

This Agreement is entered into between You and the Firm in the State of New York, and is performed within the State of New York and governed by and shall be construed in all respects under the laws of the State of New York, exclusive of its choice of law or conflict of laws provisions.  In any claim or action by You directly or indirectly arising under this Agreement or related to Your use of MyPortal, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New York, New York.  You waive any jurisdictional, venue, or inconvenient forum objections to such court.  If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Rights, Remedy, and Termination

The Firm may, in its sole discretion, terminate Your access to MyPortal, or any portion thereof, or discontinue providing MyPortal, or any portion thereof.  The Firm may notify You that You have breached this Agreement and Your account is being terminated.  These actions are in addition to and not in lieu or limitation of any other right or remedy the Firm may have available at law.  Further, the Firm shall not be liable to You or any third party for any such termination or discontinuance.

Links to Third-Party Websites

MyPortal may contain links to websites operated by other parties.  The Firm does not sponsor, operate, control, or endorse any of these sites, nor the information, products, or services provided by third parties through the Internet, nor does the Firm make any guarantee, warranty, or representation regarding the accuracy of the information contained on the websites.  The Firm has no control over the security or privacy practices of these external websites.  Use of other sites is strictly at Your own risk including.  You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of such other websites.

Contact Information

Questions or comments regarding MyPortal, including, but not limited to, Your access to MyPortal, should be directed to the Firm at:

520 White Plains Road
Suite 500
Tarrytown, New York 10591
Phone Number: (877) 207-6803

Additional Terms and Conditions for SMS Messaging

Your wireless carrier’s standard messaging rates apply to Your entry or submission message, Our confirmation, and all subsequent SMS correspondence.  The Firm does not charge for any content; however, downloadable content may incur additional charges from Your wireless carrier.  Please contact Your wireless carrier for information about Your messaging plan. Your carrier may impose message or charge limitations on Your account that are outside of the Firm’s control.  All charges are billed by and payable to Your wireless carrier.

By subscribing, You consent to receiving SMS messages from the Firm.  You can unsubscribe at any time from all SMS messaging by notifying the Firm in writing.

You represent that You are the owner, or authorized user, of the wireless device You use to subscribe to the service, and that You are authorized to approve the applicable charges.

We will not be liable for any delays or failures in Your receipt of any SMS messages as delivery is subject to effective transmission from Your network operator and processing by Your mobile device.  SMS message services are provided on an AS IS, AS AVAILABLE basis.

Data obtained from You in connection with this SMS service may include Your mobile phone number, Your carrier’s name, the date, time, and content of Your messages and other information that You may provide.  We may use this information to contact You and to provide the services You request from us, and to otherwise operate, develop, and improve the service.  Your wireless carrier and other service providers may also collect data from Your SMS usage, and their practices are governed by their own policies.  We will only use the information You provide to the service to transmit Your text message or as otherwise described in this document.  Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect Our rights or property.  When You complete forms online or otherwise provide Us information in connection with the service, You agree to provide accurate, complete, and true information.

The service, as well as the content and materials received through the service, are proprietary to Us and
our licensors, and is for Your personal, non-commercial use only.  You shall not damage, impair, interfere with, or disrupt the service or its functionality.

The service is available only in the United States.

We reserve the right to alter charges and/or these terms and conditions from time to time.  We may suspend or terminate the service to You if We believe You are in breach of Our terms and conditions.  Your service is also subject to termination in the event Your wireless service terminates or lapses.  We may discontinue the service at any time.

If you have any questions, e-mail or telephone the Firm.  Please note: please do not send sensitive information such as your financial account number, driver’s license number, or Social Security Number in an email or SMS message.  Please call the Firm if you need to discuss sensitive information.

Content of Communications.  You understand that You are responsible for Your communications during Your visit to MyPortal. You will not:

•  communicate material that is obscene, defamatory, threatening, abusive or hateful

•  communicate sexually-explicit images

•  impersonate another person

•  violate the Children’s Online Privacy Protection Act (COPPA)

•  communicate material that is copyrighted, without the permission of the copyright holder

•  communicate material that infringes on any other intellectual property rights of others or the privacy or publicity rights of others