Terms and Conditions

Welcome to our website.  Thank you for visiting.  This website is owned and operated by the Law Offices of Paul W. Berning.  Your use of this website is governed by these Terms and Conditions.  By using this website, you agree to these Terms and Conditions.  If you do not agree to them, please do not use this website.

Parties.  “We,” “us” and “our” refer to the Law Offices of Paul Berning.  “You” and “your” refer to users of this website.

No Relationship.  No attorney-client relationship is created by your use of this website or information resources on it, by your e-mails from this website, or by other e-mails, letters, faxes or telephone inquiries to us.  An attorney-client relationship is created only by a written engagement agreement executed by the Law Offices of Paul W. Berning.

Confidential Information.  Because users of this website are not clients, do not send us confidential, sensitive or time-critical material.  We will have no obligation to keep such material confidential unless we subsequently agree to creation of an attorney-client relationship.

Contact Information:  If you have questions or concerns about this website, you may contact Paul W. Berning.

Initial Consultations:  We provide no-cost, no-obligation consultations to some potential clients.  We determine in our sole discretion whether or not to provide such consultations.  Our determination is based on a number of factors, including existing or potential conflicts of interest, expertise required and nature of the matter.

Advertising:  This website is intended to provide general information to potential clients.  Accordingly, it may be considered advertising under some statutes and rules regulating lawyers.  You should not decide to retain this law firm or any other solely on the basis of information provided on its website.  You should bear in mind that prior results do not guarantee a similar outcome.  Results depend on a number of factors unique to each matter.

Copyright.  This website, all of the content on it, its design and its methods of operation are copyrighted and are otherwise subject to trademark, trade secret and other proprietary rights.  This website, the material on it and its technology may only be used lawfully.  You may use this website only for your personal and internal business purposes.  If you wish to make any other use of this website or material on it, you first must contact us and obtain our written permission, which we will grant or not  in our sole discretion.  You may not provide, by sale or otherwise, any content from this website to third parties without our express permission. Many of the Internet resource links published on this site first were compiled for and appeared on www.ConstructionWebLinks.com and are used with its permission.

Linking.  No part of this website may be framed, mirrored or obscured.  You may link to the home page so long as the linking site does not engage in unlawful, pornographic or distasteful activities.  If you wish to link to other pages on this website, please contact us.  Permission will be granted or not in our sole discretion.  We are not responsible for websites that link to this website or to which this website links.

No Legal Advice or Guarantees.  No information of any kind on this website is intended to be or does constitute legal advice or tax advice. You may not rely on it for such purposes. If you have a legal problem, you should consult a lawyer.  From time to time, we may publish papers, links to resources on the Internet, blogs, webcasts, webinars or videos on this website at no charge to users.  We attempt to ensure that information on this website is accurate, complete and current.  HOWEVER, WE MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ACCURACY, COMPLETENESS OR CURRENCY ABOUT THE CONTENT OF THIS WEBSITE.  MATERIALS ARE PROVIDED AS IS AND WITH ALL FAULTS.  WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.  You use this website and the material on it at your sole risk.  Your sole remedy is to stop using this website.  To the greatest extent allowed by law, we will not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including lost business or lost profits, for any cause of action under any legal theory.  Our maximum liability for all damages, losses or causes of action of any kind arising from or related to use of this website is the amount paid by you to us to use this website or $100, whichever is greater.

Privacy.  We consider “personal information” to consist of your name, your address, your telephone number, your fax number and your e-mail address.  We do not gather “personal information” when you visit this website.  We obtain your “personal information” only if you choose to provide it.  If you provide your “personal information,” we will use it only to respond to your inquiries; to send you newsletters and publications; to inform you of seminars and events of interest; for our internal purposes; to protect this website and rights to it; and when required by law.  Only our staff and third-party contractors providing services to us will be given access to your “personal information.”  We use standard, publicly available software tools to collect, usually in the aggregate, non-personal information about how visitors use this website, such as date and time visited, pages visited, time spent on particular pages, Internet hosting company, browser used, arrival site, departure site and IP addresses.  We do not correlate “personal information” with non-personal information.  We use non-personal information to improve our website and for business development.  By using this website, you consent to our collection of non-personal information.  By providing “personal information,” you consent to our use of it as described above.

Application and Interpretation:  If any provision in these Terms and Conditions is found to be invalid, unenforceable or contrary to applicable law, it shall be severed out of this agreement, and the remaining provisions of these Terms and Conditions shall continue to apply and shall remain enforceable.  By using this website, you agree that these Terms and Conditions shall not be presumptively interpreted against us as draftor.

Law and Forum:  These Terms and Conditions and your use of this website are governed by the laws of the State of California without regard to the principles of conflicts of law.  Any disputes arising from or related to these Terms and Conditions and your use of this website shall be resolved in the state and federal courts in Alameda County, California, and by using this website, you consent to the jurisdiction of and venue before those courts.  By using this website, you expressly agree that, before commencing any court action, you shall first contact us and state your complaint.  If your complaint cannot be resolved by direct negotiation with us, you expressly agree that, before commencing any court action, you and we shall participate fully and in good faith in a mediation of at least one day with a mediator from JAMS to be conducted at JAMS’ San Francisco, California, office, with expense equally shared.  You must notify us in writing of any claim of any kind arising from or related to your use of this website within 60 days after you become aware of the claim or reasonably should become aware of it and, in any event, within one year of your use of this website; otherwise, your claim shall be time-barred.

Amendments:  These Terms and Conditions constitute the entire agreement between you and us regarding your use of this website.  These Terms and Conditions may be modified only by a writing signed by us or by publication on this website.  We reserve the right to modify these Terms and Conditions at any time.  The latest revision date will be shown at the bottom of this page.  Your use of this website after a revision will constitute your acceptance of the revised Terms and Conditions.

Last updated:  March 29, 2014