Professional standards governing use of BergsteinISF digital services.
Effective: 30 May 2025 | Last Reviewed: 30 May 2025
1) Scope & Acceptance
These Terms govern your access to any website, form, e‑mail address, SMS number (+1 622‑449‑1232 — SMS only for accessibility), or digital asset operated by Bergstein Intellectual Securities & Law Firm LPP (“BergsteinISF”) (collectively, the “Site”). By using the Site you agree to these Terms, our Privacy Policy, and any supplemental terms we post (the “Agreement”). If you do not accept the Agreement, discontinue use immediately.
2) No Legal Advice; No Attorney–Client Relationship
The Site is attorney advertising (ABA Model Rule 7.2; comparable Canadian rules).
Content is general information, not legal, investment, or professional advice.
No attorney–client, fiduciary, or confidential relationship exists unless we (i) complete conflicts and (ii) both sign a written engagement agreement.
3) Jurisdiction, Licensing & Audience
Our lawyers practice only in jurisdictions shown on their biographies. We do not solicit or practice law where the Site would violate professional‑responsibility rules. Cross‑border matters are undertaken in accordance with local requirements U.S. & Canada.
4) Acceptable Use
You may access the Site for lawful, personal, non‑commercial use. You agree not to:
circumvent security, probe/scan systems, or disrupt the Site;
transmit malware, scraping, bulk unsolicited messages, or harmful code;
impersonate any person or misrepresent affiliation;
submit falsified or altered documents for Marketplace appeals;
infringe IP, privacy, confidentiality, or violate export controls/sanctions.
6) Marketplace Appeals (Amazon Seller Central / eBay)
We assist with account/suspension appeals (e.g., inauthentic claims, IP complaints, ODR/LSR metrics, restricted items, linked accounts) by preparing Plans of Action and evidence packets.
We are not affiliated with Amazon.com, Inc. or eBay Inc. Reinstatement decisions are solely those platforms’ discretion; no outcome is guaranteed.
You are responsible for the accuracy and authenticity of all facts and documents you provide; you authorize us to use them in appeals, correspondence, and records.
Where allegations invoke third‑party IP, we may request supply‑chain proof, authorization letters, and corrective measures prior to drafting.
7) Submissions & Careers
Materials you transmit (résumés, cover letters, matter summaries, invoices, supplier letters, performance reports) become part of our business records and are not confidential unless you are a current client under a signed engagement agreement.
By submitting content, you represent you have rights to it and grant us a non‑exclusive license to review, copy, and store it for evaluation, compliance, or recordkeeping.
Recruiting communications are not offers of employment; offers are extended only by formal written documents executed by authorized personnel.
8) Third‑Party Services & Links
The Site may reference third‑party platforms (including Amazon/eBay). We are not responsible for their content, availability, or practices. Your use of those services is governed by their terms and policies.
9) Confidentiality & Security of Electronic Communications
E‑mail, webforms, and SMS (+1 622‑449‑1232) are not guaranteed secure. Do not send highly confidential information until we confirm engagement in writing.
10) Disclaimers of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT, to the maximum extent permitted by law.
11) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED, BERGSTEINISF AND ITS PERSONNEL SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, GOODWILL, OR USE. OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SITE SHALL NOT EXCEED USD 100.
12) Indemnification
You agree to defend, indemnify, and hold harmless BergsteinISF and its personnel from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (i) use of the Site, (ii) violation of the Agreement or law, or (iii) infringement/misuse of third‑party rights.
13) Governing Law, Venue & Dispute Resolution
Choice of Law. At our election, Alberta/Canada or Arizona/U.S. law governs, without regard to conflicts rules.
Arbitration. Confidential, individual arbitration administered by ADRIC (National Arbitration Rules) or AAA (Commercial Rules), seat in Calgary, AB or Phoenix, AZ, as we elect.
No Class Actions. Claims may be brought only on an individual basis.
14) Miscellaneous
Force Majeure. We are excused for delays caused by events beyond reasonable control (e.g., cyber‑attacks, pandemics, government action, disasters).
Severability; Non‑Waiver. If a provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
Changes. We may modify these Terms by posting a revised version; changes apply prospectively from the “Last Reviewed” date.
Entire Agreement. These Terms, the Privacy Policy, and any posted supplemental terms constitute the entire agreement regarding the Site.