Terms of Service
Effective Date: 30 May 2025 | Last Reviewed: 30 May 2025
By accessing, browsing, or using any page, API endpoint, e-mail address, SMS number (622 — SMS only, provided solely to meet accessibility requirements under ADA 42 U.S.C. §12101 et seq. and the Canadian Human Rights Act, R.S.C. 1985, c. H-6), or other digital asset operated by BergsteinISF (collectively, the “Site”), you enter into a binding agreement with BergsteinISF consisting of these Terms, our Privacy Policy, and any additional written terms we post (together, the “Agreement”). If you do not accept each and every provision, discontinue use immediately.
1. No Legal Advice; No Attorney–Client Relationship
- The Site is attorney advertising within the meaning of ABA Model Rule 7.2 and comparable provincial rules (e.g., Law Society of Ontario Rule 4.2-1).
- Content is provided for general information only. It does not constitute legal, investment, or professional advice and may not be relied on as such.
- Viewing, transmitting information to, or receiving information from the Site does not create an attorney–client, fiduciary, or confidential relationship unless and until (i) BergsteinISF completes a formal conflict-check, and (ii) both parties sign a written engagement agreement compliant with ABA Model Rule 1.5(b) and Law Society of Alberta Code 3.6.
2. Geographic & Jurisdictional Limits
BergsteinISF lawyers are licensed only in the jurisdictions explicitly listed on their individual biographies. We do not practice, and the Site is not directed to persons, in any jurisdiction where the Site would violate professional-responsibility rules (e.g., ABA Model Rule 5.5; Federation of Law Societies of Canada, Model Code of Professional Conduct §4.5).
3. Compliance With Law (U.S. & Canada)
You agree to comply with, without limitation:
- U.S. Securities Act of 1933 §5, Securities Exchange Act of 1934, and relevant SEC/CSA rules;
- Copyright Act, 17 U.S.C. §101 et seq.; Canadian Copyright Act, R.S.C. 1985, c. C-42;
- Computer Fraud and Abuse Act, 18 U.S.C. §1030; Criminal Code of Canada §342.1;
- Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 U.S.C. §7001; Personal Information Protection and Electronic Documents Act (“PIPEDA”), S.C. 2000, c. 5;
- U.S. Export Administration Regulations, 15 C.F.R. §730 et seq.; Defence Production Act (Canada), R.S.C. 1985, c. D-1.
4. License & Permitted Use
We grant you a revocable, non-exclusive, non-transferable, limited licence to access the Site for lawful, personal, non-commercial purposes. All other rights are expressly reserved.
5. Intellectual Property
All text, graphics, logos, audio, downloads, and compilations are © 1999-2025 Bergstein Intellectual Securities & Law Firm or its licensors. Unauthorised use may violate the U.S. Lanham Act, the Canadian Trade-marks Act (R.S.C. 1985, c. T-13), and other laws.
6. User-Provided Content & Safe-Harbour Notice
Any material you transmit to us becomes our property, subject to attorney-client privilege only if you are a current client under a valid engagement agreement. We invoke 47 U.S.C. §230(c)(1) and (2) and Canada’s Regulations Defining Exemptions From Sections 38 to 41.1 of the Telecommunications Act with respect to third-party postings.
7. Confidentiality & Security of Electronic Communications
E-mail, webforms, and SMS (622) are not guaranteed secure. By using them you accept the risk of interception under the U.S. Electronic Communications Privacy Act, 18 U.S.C. §2510 et seq., and similar Canadian statutes.
8. Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ALL EXPRESS OR IMPLIED REPRESENTATIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE DISCLAIMED to the maximum extent permitted under: 15 U.S.C. §2301 et seq.; Uniform Commercial Code §2-316; and the Ontario Sale of Goods Act, R.S.O. 1990, c. S-1.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BERGSTEINISF, ITS PARTNERS, AFFILIATES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR USE, REGARDLESS OF LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL CUMULATIVE LIABILITY IN ANY MATTER ARISING FROM THE SITE IS LIMITED TO USD 100. Some jurisdictions (e.g., Québec, California) may not allow certain disclaimers; in such provinces or states, liability is limited to the minimum permissible degree.
10. Indemnification
You agree to defend, indemnify, and hold harmless BergsteinISF and its personnel from any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of (i) your violation of this Agreement or any law; (ii) any content you submit; or (iii) your infringement of any third-party right.
11. Governing Law, Venue & Dispute Resolution
- Choice of Law. Inter-provincial/private-international law principles notwithstanding, this Agreement is governed by (a) the laws of the Province of Alberta and the laws of Canada applicable therein or (b) the laws of the State of Arizona and the United States, at BergsteinISF’s sole election.
- Binding Arbitration. Any dispute shall be resolved by confidential, individual arbitration administered by (i) ADR Institute of Canada under the National Arbitration Rules or (ii) the American Arbitration Association under its Commercial Rules, as elected by BergsteinISF. The seat shall be Calgary, Alberta, or Phoenix, Arizona.
- Class-Action Waiver. You may only assert claims in an individual capacity; class or representative actions are expressly waived.
12. Force Majeure
We are excused from performance to the extent delays are caused by circumstances beyond our reasonable control, including cyber-attacks, pandemics, government action, or acts of God.
13. Severability & Non-Waiver
If any provision is held unenforceable, the remainder remains in effect. Failure to enforce any term is not a waiver.
14. Modifications
We may modify this Agreement by posting a revised version. Changes apply prospectively. Continued use after the “Last Reviewed” date constitutes acceptance.
15. Contact
- E-mail: compliance@bergsteinisf.com
- SMS (Accessibility Only): 622