SMS & E-Mail & E-Mail Terms & Conditions

updated 6-21-2024

Lerner, Moore, Silva, Cunningham, & Rubel

Please read these SMS & E-Mail Terms & Conditions (the “SMS & E-Mail Terms”) carefully. By enrolling or otherwise agreeing to receive text messages from or on behalf of Lerner, Moore, Silva, Cunningham, & Rubel, you agree to these SMS & E-Mail Terms, as well as Lerner, Moore, Silva, Cunningham, & Rubel's Terms of Use and Privacy Policy, which are incorporated herein by reference and can be viewed at the links provided here, or at injuryatwork.com. For purposes of these SMS & E-Mail Terms, “Lerner, Moore, Silva, Cunningham, & Rubel,” “the Company,” “we,” or “us” shall mean Lerner, Moore, Silva, Cunningham, & Rubel, Inc. and any of its subsidiaries, divisions, or affiliates.

PLEASE NOTE: SECTION 6 OF THESE SMS & E-Mail TERMS IS A MANDATORY DISPUTE RESOLUTION SECTION WITH AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE MANDATORY DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH Lerner, Moore, Silva, Cunningham, & Rubel ARE RESOLVED. YOU AGREE TO BE BOUND BY THE MANDATORY DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS & E-Mail TERMS CAREFULLY.

1. Opting into SMS (Text) & E-Mail Messages
By opting into any Lerner, Moore, Silva, Cunningham, & Rubel text & e-mail program, you expressly consent to receive recurring marketing and/or transactional text e-mail messages that may be sent using an automatic telephone dialing system, by or on behalf of Lerner, Moore, Silva, Cunningham, & Rubel, at the cell phone number you provide us. You consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; multi-factor authentication (at a frequency of 1 message per request); and appointment reminders for grooming, veterinary, training, or wellness services (collectively, Lerner, Moore, Silva, Cunningham, & Rubel’s business operations are referred to herein as the “Services”). Please note we may not be able to deliver messages to all mobile carriers. Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology. Message and data rates may apply.

2. Participating Carriers
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.

3. How to Opt Out and Get Help
To stop receiving text messages from Lerner, Moore, Silva, Cunningham, & Rubel, you agree to reply STOP to the number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Lerner, Moore, Silva, Cunningham, & Rubel processes your request(s). If you opt out of one Lerner, Moore, Silva, Cunningham, & Rubel text messaging program, you will remain opted into other Lerner, Moore, Silva, Cunningham, & Rubel text messaging programs (if applicable) unless you opt out of those programs separately. If you need further assistance, text HELP to the number sending the message, or contact Lerner, Moore, Silva, Cunningham, & Rubel customer service at 877-738-6742. Below is more information on the types of text messages you may receive, and how to opt out of text messages from Lerner, Moore, Silva, Cunningham, & Rubel. In all cases, consent to receive texts is not a condition of purchasing any goods or services, and message and data rates may apply:

Mobile Marketing Alerts, SMS & E-Mail Informational Campaigns, and One-Time Offer Campaigns: By enrolling in promotional text programs such as Lerner, Moore, Silva, Cunningham, & Rubel Mobile Marketing alerts, SMS & E-Mail Informational Campaigns, or One-Time Offer Campaigns, you will receive recurring marketing and informational texts from or on behalf of Lerner, Moore, Silva, Cunningham, & Rubel at the mobile number you provide when opting in. In some cases, you may text us to enroll. To be removed from these lists, reply STOP, call (909) 889-1131, or email lmscrllp@gmail.com. Medical Records and case status: You may provide your cell phone number to opt in to receive text messages about your medical history, medical providers, ongoing litigation status, appointment reminders, and/or other information regarding your case with our firm, services, and/or reminders. You may opt in via our website(s), in person, or via SMS & E-Mail. To be removed from these lists, reply STOP.

4. Cost
Message and data rates may apply for any messages sent to you from or on behalf of Lerner, Moore, Silva, Cunningham, & Rubel, and messages you send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

5. Eligibility and Change in Phone Number
By opting into Lerner, Moore, Silva, Cunningham, & Rubel's text messaging program(s) or by otherwise providing your cell phone number to Lerner, Moore, Silva, Cunningham, & Rubel, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. Failure to do so constitutes a material breach of these SMS & E-Mail Terms and Lerner, Moore, Silva, Cunningham, & Rubel's Terms of Use. Mobile carriers are not liable for delayed or undelivered messages.

6. Mandatory Dispute Resolution (including Arbitration, Class Action Waiver, & Jury Trial Waiver)
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
Disputes
Any dispute or claim arising out of or relating to these SMS & E-Mail Terms, your use of the Services, or your relationship with Lerner, Moore, Silva, Cunningham, & Rubel or any past, present, or future subsidiaries, parents, affiliates, employees, officers, directors, agents, successors, representatives, or assigns, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute”) will be resolved through binding individual arbitration as set forth in these SMS & E-Mail Terms, except that either you or Lerner, Moore, Silva, Cunningham, & Rubel may initiate a Dispute in or take a Dispute to small claims court, so long as that Dispute is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The term “Dispute” shall be interpreted broadly and includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior SMS & E-Mail Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these SMS & E-Mail Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.

In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these SMS & E-Mail Terms; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These SMS & E-Mail Terms and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these SMS & E-Mail Terms evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.

Early Resolution Process You and Lerner, Moore, Silva, Cunningham, & Rubel agree to work together in a good-faith effort to informally resolve any Dispute that might arise between us using the early resolution process described herein (“Early Resolution Process”).

The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute, including any Vital Care account information (formerly known as Pals Rewards); (b) contact information (including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief. The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via email to lmscrllp@gmail.com. If Lerner, Moore, Silva, Cunningham, & Rubel has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you.

For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a Lerner, Moore, Silva, Cunningham, & Rubel representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or Lerner, Moore, Silva, Cunningham, & Rubel commencing a formal proceeding in arbitration or small claims court.

If the sufficiency of a Dispute Notice or compliance with this Early Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election and any arbitration shall be stayed pending resolution of such issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this process in arbitration or to raise non-compliance with a AAA process arbitrator. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or we may commence arbitration or a small claims court proceeding if a Dispute is not resolved through this Early Resolution Process.

Arbitration Procedures The arbitration of any Dispute shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration, as applicable (“AAA Rules”), as modified by this arbitration provision and these SMS & E-Mail Terms. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocol is final, and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to conduct the arbitration consistent with this arbitration provision and these SMS & E-Mail Terms, the parties shall agree on a replacement arbitration administrator that will do so. If the parties cannot agree on a replacement arbitration administrator, they shall petition a court of competent jurisdiction to appoint an arbitration administrator that will conduct the arbitration consistent with this arbitration provision and these SMS & E-Mail Terms.

An arbitration demand must (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to Lerner, Moore, Silva, Cunningham, & Rubel and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Lerner, Moore, Silva, Cunningham, & Rubel representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these SMS & E-Mail Terms as a court would.

IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.

The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

Costs of Arbitration Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Additional Procedures for Mass Arbitration You and we agree that the following “Additional Procedures for Mass Arbitration” (in addition to the other provisions of Section 6) shall apply if you choose to participate in a Mass Arbitration (as defined below).

If twenty-five (25) or more similar Disputes (including yours) are asserted against Lerner, Moore, Silva, Cunningham, & Rubel by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

STAGE ONE: If at least one hundred (100) Disputes are submitted as part of a Mass Arbitration, counsel for the claimants and counsel for Lerner, Moore, Silva, Cunningham, & Rubel shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Lerner, Moore, Silva, Cunningham, & Rubel shall pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Lerner, Moore, Silva, Cunningham, & Rubel shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Lerner, Moore, Silva, Cunningham, & Rubel shall pay the mediator’s fee. Upon the completion of the mediation set forth in this Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these SMS & E-Mail Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

These Additional Procedures for Mass Arbitration are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

Opting Out of the Arbitration Provision Lerner, Moore, Silva, Cunningham, & Rubel’s updates to these SMS & E-Mail Terms do not provide you with a new opportunity to opt out of arbitration if you previously agreed to and did not validly opt out of arbitration. Lerner, Moore, Silva, Cunningham, & Rubel will continue to honor any valid opt outs if you previously opted out of arbitration with Lerner, Moore, Silva, Cunningham, & Rubel. To opt out of arbitration, you must send a personally signed, written notice via U.S. Mail to Lerner, Moore, Silva, Cunningham, & Rubel at: Lerner, Moore, Silva, Cunningham, & Rubel Legal Department, 3333 Concours St, Bldg #4 Suite 4203 Ontario, CA 91764, or via email to lmscrllp@gmail.com, and you must provide the following information: (a) your name, (b) your address, (c) your phone number, and (d) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be sent within thirty (30) days after the date you first become subject to this arbitration provision. If you opt out of this agreement to arbitrate, all other provisions of these SMS & E-Mail Terms, including other provisions of the Mandatory Dispute Resolution section, will continue to apply to you. Opting out has no effect on any other arbitration agreements or provisions that you may have entered into with Lerner, Moore, Silva, Cunningham, & Rubel or may enter into in the future with Lerner, Moore, Silva, Cunningham, & Rubel.

Future Changes to the Arbitration Provision If Lerner, Moore, Silva, Cunningham, & Rubel makes any future changes to the arbitration provision (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: Via U.S. Mail to Lerner, Moore, Silva, Cunningham, & Rubel at: Lerner, Moore, Silva, Cunningham, & Rubel Legal Department, 10850 Via Frontera, San Diego CA 92127; or via email to lmscrllp@gmail.com. Such written notice does not constitute an opt out of arbitration altogether or impact any other portions of this Mandatory Dispute Resolution section. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Lerner, Moore, Silva, Cunningham, & Rubel in accordance with this version of the arbitration provision.

Class Action Waiver; Jury Trial Waiver YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Lerner, Moore, Silva, Cunningham, & Rubel WAIVE THE RIGHT TO A JURY TRIAL.

7. Changes to the SMS & E-Mail Terms These SMS & E-Mail Terms may be updated by Lerner, Moore, Silva, Cunningham, & Rubel at any time without prior notice. By continuing to be enrolled in any Lerner, Moore, Silva, Cunningham, & Rubel promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.

8. Questions
For questions about these SMS & E-Mail Terms or Lerner, Moore, Silva, Cunningham, & Rubel's text messages, please contact Lerner, Moore, Silva, Cunningham, & Rubel at (909) 889-1131 or lmscrllp@gmail.com.