Building Technology Berning Law Firm
Contact Us

Terms of Use

Terms of Use for the Berning Law Firm / Legal Services Limited t/a Pool & Wellness

Welcome to Building Technology Berning Law Firm / Pool & Wellness Legal Services Ltd. website (hereafter “Berning Law Firm”, “Pool & Wellness Legal Services”, “we”, “us” or “our”). By using or accessing this website (https://pool-wellness.com/) and associated services, features or resources (hereafter collectively “Site”), you agree to accept and comply with the following Terms of Use (“Terms”). These Terms govern your use of the Site, our legal consultation, legal services and all other matters related to our firm, whether as a client, potential client, professional partner or general web visitor. Accordingly, please read these Terms carefully. If you do not agree with any part of these Terms, you should not use our Site or services.

Agreement to Terms

By accessing, browsing, and/or using our Site or services in any way, you acknowledge that you have read, understood, and accept all: Terms of Use, Privacy Policy and any other associated guides, policies or rules published on the Site. If you are accessing the Site or any of our services on behalf of a corporation or other legal entity, you further represent and warrant that you have the authority to bind such corporation or entity to these Terms of Use. If you do not agree with any of these Terms of Use, immediately stop using our Site and all of our Services.

Terms of Changes

We may, in our sole discretion, modify, update or otherwise change these Terms of Use at any time and any such amendment shall be effective immediately upon posting to the Site. It is your responsibility to review these Terms of Use from time to time. Your continued use of the Site or our services and/or products following notice or posting of such changes constitutes acceptance of the revised Terms of Use. In the event you do not accept the amended terms, you are required to stop all use of the Site and our services and/or products.

Scope of Services

Berning Law Firm assists the wellness, pool and spa-industry by providing legal advice, regulatory compliance services, and related information, products and services. Such services may include legal consulting, project planning, contract negotiation and drafting, regulatory compliance, risk mitigation and management, dispute resolution services, and other legal matters as applicable. Services may be offered on- or off-site (or both), including at or in association with our Los Angeles showroom; as mutually agreed upon by the parties. Some services may be offered on an ongoing basis and/or on a per-project basis; including all-inclusive general client information packages for select project types. Information and materials provided on or through this Site is general in nature and not intended as legal advice or to create an attorney-client relationship. An attorney-client relationship is established with our firm only upon formal engagement of our firm pursuant to a written agreement.

Eligibility and User Obligations

Requirements. (a) Site and Services. You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction; (b) you will use our Site and the Services in accordance with all applicable laws and regulations; (c) all information you submit (including your personal information) when using the Site and/or Services is true, up-to-date and complete. You may not use the Site or Services for illegal, fraudulent, or malevolent purposes. You may not interfere with the Site and/or Services or try to gain unauthorized access to any part of our systems.

Attorney-Client Relationship

No attorney-client relationship is created by your use of the Site, your submission of a request for information or materials from the Site, or your receipt of information or materials from the Site. No attorney-client relationship will be created with respect to such communications between Berning Law Firm and you except by the execution of a written engagement agreement prepared by the firm and signed by you and an officer or other authorized employee or partner of the firm. Until an engagement agreement is in place, no information which you communicate to the firm may be treated as privileged or confidential. We recommend that you do not send us any information or documents containing any legally privileged or other sensitive information through the Site’s client contact forms until a formal client relationship with the firm has been established.

Legal Content Disclaimer

The information contained in the Site, including without limitation text, articles, guides, FAQs, checklists and other materials (the “Information”) is intended for general informational purposes only and is not legal advice. Although we attempt to provide accurate information on the Site, the Information may contain errors or become obsolete from time to time as law and regulations change, and the application of the law often can vary based upon particular facts and circumstances. You should not act or refrain from acting based on any information contained in the Site. Instead, you should consult with a qualified attorney to obtain advice with respect to any particular issue or problem. You should contact us directly to schedule a meeting.

Intellectual Property and Use of Content

All content or portions thereof, including but not limited to text, images, graphics, logos, designs, audio, video, software, data, and documents contained in or made available through this Site (the “Site content”) are the property of Building Technology Berning Law Firm / Pool & Wellness Legal Services Ltd. or their licensors, and are protected by United States and international copyright, trademark, patent and other intellectual property laws unless otherwise noted. You may only access and use content from this Site for your personal, non-commercial use. You may not copy, modify, reproduce, republish, upload, post, transmit, distribute or make any derivative works of any Site content without obtaining our express written permission. Unauthorized use may lead to legal action.

Site Use, Restrictions and Prohibited Activities

You represent and warrant that you will use the Site only for lawful purposes and in a manner consistent with these terms. Prohibited acts include, but are in no way limited to:

We reserve the right to terminate or restrict your access to the Site at any time without notice, upon our determination in our sole discretion that you have engaged in conduct that we consider harmful to the Site, our Firm or any third party.

Third-Party Links and Resources

The Site may contain links to third party websites, resources or services (“Third-party Sites”) that are owned and/or controlled by parties other than Berning Law Firm. We provide any such links for your reference only, and do not review, endorse or make any representations regarding any third-party site, including the accuracy or completeness of any website content (including information obtained through any link on a third-party site) or the privacy practices of third-party sites. We are not responsible for any Third-party Sites. Your use of any Third-party Site is at your own risk, including any liability that you incur when visiting or accessing a Third-party Site. When leaving the Site, we encourage you to review the legal terms and privacy policy of each website that you visit.

Privacy Policy

Your privacy is critical to us. Our Privacy Policy sets forth how we may use, collect, store and protect your personal information in connection with the Site and our services. When you use the Site, you will be deemed to have agreed to our collection and use of your information in accordance with the Privacy Policy. Please review our Privacy Policy for details. If you have questions related to our data practices, please contact us at [email protected].

Security

We use reasonable technical and organizational security measures to help protect the security of the Site and your Personal Information. However, no method of transmission over the Internet or method of electronic storage can be 100% secure. Therefore, we cannot guarantee its absolute security. You are responsible for keeping your account credentials secret and for informing us immediately of any indication of any unauthorized access or security breach.

Engagement of Services and Fees

Engagement of Berning Law Firm for services is confirmed through a formal agreement specifying project scope, deliverables, budgets and payment terms. We may bill services on an hourly, flat-fee or project basis; fees may be customized for each client’s circumstances. Retainers, billing schedules and cancellation policies are set forth in your agreement with us. Absent prior arrangement we invoice upon receipt for payment. We will charge interest and collection fees on all late payments. We reserve the right to suspend or terminate any services for non-payment.

Appointment Scheduling and Cancellations

Clients can schedule legal consultations and meetings by telephone, email or through the online contact form on our website. We are usually able to offer flexible scheduling including outside of regular business hours by arrangement. Where appropriate you are requested to inform us at least 24 hours in advance of a rescheduled or missed appointment. Late cancellations or missed appointments may result in a cancellation fee to the extent provided in your engagement agreement.

Service Area

Berning Law Firm is located in Los Angeles, California, and is primarily a law firm serving clients from the Los Angeles area. We can take cases for legal projects throughout the United States for any large or specialized case. Our attorneys are licensed to practice law in certain states as indicated in their individual attorney profiles. Possible restrictions on the availability of services in certain states may apply subject to licensing and regulatory compliance requirements.

No Guarantees

Past results obtained by Berning Law Firm or Berning Law Firm attorneys do not guarantee future results. All legal matters are unique. Results depend upon the facts and application of law to each individual case. We make no guarantee, warranty or prediction concerning the outcome of your case or any other matter.

Statements on this Site describing results obtained do not guarantee, warrant, or predict any future results.

User Communication and Submissions

By sending queries to us, including form submissions, documents and other material via the Site or otherwise, you grant us a non-exclusive, royalty-free, perpetual license to use such submissions in connection with delivering services to you, compliance with our obligations under law and otherwise improving our services. You will not submit material that is unlawful, defamatory, infringing, or solicits or consists of pornographic material or illegal activities. We reserve the right to remove or reject submissions in whole or in part at our discretion.

Disclaimers and Limitation of Liability

THE SITE AND ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED BY BERING LAW FIRM ON AN “AS IS,” “AS AVAILABLE” BASIS. BERING LAW FIRM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BERING LAW FIRM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOR DOES BERING LAW FIRM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT OR MATERIALS. UNDER NO CIRCUMSTANCES WILL BERING LAW FIRM OR ITS AFFILIATES, PARTNERS, ATTORNEYS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT. EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES/JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; THUS, IF THIS APPLIES TO YOU, NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY.

Indemnification

You agree to defend, indemnify and hold harmless Building Technology Berning Law Firm / Pool & Wellness Legal Services Ltd., its partners, attorneys, employees, and affiliates from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Site or services, your breach of these Terms or your violation of any rights of a third party.

Termination

We may restrict, suspend, or terminate all or any portion of your access and/or use of the Site or our services, in our sole discretion, for any reason, including for violation of these Terms or applicable law. If we revoke your right to access the Site, you must immediately stop all access and use of the Site. Any and all provisions in these Terms that by their very nature should survive expiration or termination shall survive (and continue in full force and effect) such expiration or termination (including but not limited to intellectual property, disclaimers, limitation of liability, indemnification and governing law).

Governing Law and Jurisdiction

This Agreement, and all disputes arising out of or in connection with the Site or our Services, will be governed by the laws of the State of California, U.S.A., without regard to its conflict of law provisions, and you hereby agree to submit to the exclusive jurisdiction of the courts located in Los Angeles County, California for the resolution of all disputes.

Dispute Resolution

In the event of any dispute or claim arising in connection with these Terms, the Site or our services, you and Berning Law Firm agree to try to informally resolve the matter. If you and Berning Law Firm are not able to reach a resolution, the parties agree to submit the dispute to binding individual arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be Los Angeles, California. The prevailing party in any such dispute, arbitration or proceeding will be entitled to be awarded against the other party an amount equal to its reasonable attorneys’ fees and costs. Notwithstanding anything contained in this paragraph, either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

Foreign Use

The Site and other services may be accessed or used from other jurisdictions; however, we make no representation that the Site is appropriate for users located in such jurisdictions and/or that contents contained therein are legal or permissible under local law. If the Site is accessed or used from other jurisdictions, you do so at your own risk and you are solely responsible for compliance with all applicable local laws governing the Site’s access and use.

Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of the remaining provisions.

Waiver

No waiver of any term or provision of these Terms by Berning Law Firm shall be deemed a further or continuing waiver of such term or any other term. Failure of Berning Law Firm to assert a right under these Terms shall not be deemed a waiver of such right.

Entire Agreement

These Terms of Use, along with our Privacy Policy, and any written engagement agreement(s), represent the entire understanding between you and Berning Law Firm in connection with your use of the Site and services and supersede any prior agreements, understandings or representations. If there is a dispute between these terms and an engagement agreement, the engagement agreement shall control as to the subject matter of the engagement agreement.

Site and Service Changes

We may change, suspend, or discontinue any aspect of the Site, or the Content, at any time and without notice to you. Further, we are not responsible to you or any third party for the suspension or discontinuance of any aspect of the Site.

Notices and Communications

Any notice or other communication required or permitted under these Terms must be in writing and delivered to Building Technology Berning Law Firm / Pool & Wellness Legal Services Ltd., 5678 Sunset Blvd Ste 39, Los Angeles, CA 90028 or via email to [email protected]. Notices will be considered to have been given when received by us.

Attorney Advertising

This portion of the Site may be considered advertising pursuant to the New York Code of Professional Responsibility and applicable Federal, State and Local laws and rules of professional conduct. Prior results do not guarantee a subsequent similar outcome. Such results depend on a variety of factors unique to each representation. If you have questions about our qualifications or experience, please feel free to contact us directly.

Professional Undertakings, Conflicts of Interest

Berning Law Firm adheres to the highest standards of professionalism and complies with the rules of professional conduct. We conduct conflict searches before we accept new legal cases. If there is an actual or potential conflict of interest we will notify you immediately and take appropriate action as required by law and rules of professional conduct, which may include declining or withdrawing from representing you.

When deciding whether to enter into a lawyer client relationship, it is important for both the lawyer and the prospective client to understand exactly what the nature of the relationship will be. For example, does the lawyer or law firm derive its income from the fee paid by the client or does such income derive from other business activities? Does the lawyer depend upon the ongoing business of that particular client or not? If there is no current obligation, are they free to move on at any time without adversely affecting their business? We hope that you found this blog comment helpful. Please keep in mind that this opinion is complete only in context of the original and that the above observations do not constitute direct legal advice.

Equal Opportunity and Non-Discrimination

Berning Law Firm is concerned with providing equal access to legal services as well as providing and working in an environment that is free from discrimination and harassment. We will not discriminate against anyone in the provision of our services or employment because of race, color, religion, gender, sexual orientation, national origin, age, disability or other protected status.

Disabilities

We work hard to make sure that our Site is accessible to individuals with disabilities. If you are having trouble accessing a part of the Site or if you need assistance please contact us at [email protected] or via phone at (310) 251-3233 so that we can accommodate you.

As I share in my book, Justice Stagnation: Unblocking Future Justice – Our Personal Roles In Breaking The Stalemate, it delineates what justice is, why systemic injustices persist across dimensions of social life, statutory law and case law, impacting ‘equal protection’ constitutional law for underrepresented commercial landlords, leaseholders and real estate investors as well as just compensation and fair value in eminent domain law for these impacted businesses and citizen real property owners. One major reason is due to significant patterns that can adversely impact the pursuit of civil justice. Because, there is no framework to connect the systemic barriers during both the eminent domain taking or valuation process and after judgment for the wronged business or landowner to get just recompense nor an adequate credible standard make-whole framework for fair compensation, relationships among industries, agencies and local, state and federal systems are dynamic, pervasive and pernicious. A consequence results that the collective will often maintain – the pervasive status quo as pertains not only to fair value paid but negative subjective externalities as well.

In some eminent domain cases, despite high dollar impairment to operate and do lawful business from a location – an owner like Walmart has no real recourse under constitutional law or administrative law in the courts to get just recompense nor is there fair compensation per se for those damages. As cases and laws develop when support fails due to lack of working relationships whether intentionally or otherwise, Justice Stagnation proliferates holding citizens individually and collectively hostage whose lives directly or indirectly need or need back both now and into the future – aside from all else that is not just – also impacting national security besides individual and community wellbeing – all by that which should be stopping to help the good people.

46 years ago this month in 1971 there was a ruling in United States v. 3,003.55 Acres of Land that called for “Just Compensation” – Concerning condemnation of many properties in competition for a single project use where the critical need of one confers unjust advantage on it…. In its entirety the opinion for just recompense must consider-In determining a just compensation nothing is more important than its impact on economic efficiency…. Economic valuers are called on to play roles that exceed their normal training….[ For while highways may be lifelines] the project participant role at most assigns them real horizontal status as arteries.

But this is my first commentary on The Random Pond, so you’ll have to visit back for later commentaries between original book illustrations as I go in many directions. Some will link back to the book, some will not. This first illustration with its juxtaposition gives an overall perspective of what many do daily within a single domain network from various perspectives including legal counsel on behalf of citizen property owners and real estate business entities. Other commentaries I’ll add permitting others to read even snippets into what our practice grapples with while shooting straight about what really goes on.

I think I saw moderation thinking targeted at me once with ‘types’ described who believed certain types were more privileged over others as those types applied. I might have opined anonymously once. I take it all with a green grain of salt because none is ever new. It’s the same tack designed by opponents through the ages relative to public policy progress since before this great nation commenced including towards me before 9-11 when all I did was call in regarding noise from C-130 Bolling AFB TOC aircraft during Gulf War-I bombing exercises situated adjacent my property while conducting a legal business in preparation mode at a top twenty awards winning Toastmasters International club meeting.

Contact Us

If you have any inquiries regarding these Terms of Use, our services, or your legal or contractual rights with Pool and Wellness Ltd., please contact:

Building Technology Berning Law Firm / Pool & Wellness Legal Services Ltd.
5678 Sunset Blvd Ste 39
Los Angeles, CA 90028
Tel.: (310) 251-3233
E-Mail: [email protected]
Website: https://pool-wellness.com/

The legal firm’s office hours for advising are Monday-Thursday 07:00-17:00, Friday 07:00-13:30 or upon special request.
We would be happy to assist you and ensure the successful completion of your wellness project.

Acknowledgment and Acceptance

By using this Site or our services, you acknowledge that you have read, understood, and accepted these Terms of Use. If you do not accept these Terms, you must cease using the Site (and/or our services) immediately. We thank you for choosing Building Technology Berning Law Firm / Pool & Wellness Legal Services Ltd. as your preferred legal partner in wellness, pools and good life.