Website Terms & Conditions

1 Acceptance of Terms

Welcome to Bergman Brothers Staffing, Inc. (“Company,” “we,” “us,” “Bergman Brothers“). By accessing or using our website at www.bergmanbrothers.com (the “Site“), you agree to be bound by these Website Terms & Conditions (“Terms“).

2 Website Purpose and Scope

2.1 Information and Contact Portal

This Site provides information about our temporary staffing services and allows visitors to:

• Learn about our services, certifications, and capabilities
• Submit staffing requests through contact forms
• Apply for employment opportunities
• Access our Communications Center contact information
• Review our service areas and industry specializations

2.2 No Binding Agreements Created

3 Staffing Requests (For Clients)

3.1 Request Submission

Clients may submit staffing requests through our online contact forms. By submitting a request, you acknowledge:

• No Guarantee of Availability: Submission does not guarantee professional availability or acceptance of your project
• Review Process: All requests are reviewed by our team; we will contact you to discuss availability, rates, and project requirements
• Separate MSA Required: Services require execution of our Master Service Agreement before deploying certified professionals
• Accurate Information: You will provide complete and accurate information about project scope, location, required certifications, and site hazards

3.2 Response Timeline

While we strive for 24-48 hour deployment of certified professionals on accepted projects, this is our goal and not a guarantee. Response times depend on:

• Certified professional availability in your geographic area
• Required certifications and specializations (OSHA, EPA, IICRC, HAZWOPER)
• Project scope and crew size
• Adequate notice for deployment logistics

4 Employment Applications (For Candidates)

4.1 Application Process

Candidates may apply for positions through our Site. By submitting an application, you acknowledge:

• No Employment Relationship Created: Submitting an application does not create an offer of employment or employment relationship
• W2 Employment Only: All positions are W2 employee positions; we do not hire independent contractors (1099)
• Professional Positions: We hire certified professionals including:
  • OSHA-Certified Disaster Response Technicians
  • Environmental Remediation Specialists
  • EPA-Certified Asbestos Abatement Technicians
  • IICRC-Certified Mold Remediation Technicians
  • HAZWOPER Technicians (24-hour and 40-hour)
  • IICRC-Certified Restoration Technicians
  • OSHA-Certified Construction Professionals
• Screening Requirements: Employment is contingent upon successful completion of:
  • Background checks (FCRA-compliant)
  • Drug and alcohol testing
  • Employment eligibility verification (I-9)
  • Reference checks
  • Certification verification (OSHA, EPA, AHERA, IICRC, etc.)
  • Medical clearances and respirator fit testing (where required)

4.2 At-Will Employment

If hired, employment with Bergman Brothers is at-will, meaning either you or the Company may terminate the employment relationship at any time, for any lawful reason, with or without notice.

4.3 Application Data

Information you provide in your application will be used solely for recruitment and hiring purposes. See our Privacy Policy for details on how we handle your personal information.

5 Prohibited Uses

You agree NOT to use this Site for any of the following purposes:

5.1 Competitor Scraping and Data Mining

5.2 Other Prohibited Activities

• Violating any applicable laws or regulations
• Transmitting viruses, malware, or malicious code
• Attempting to gain unauthorized access to Site systems or user accounts
• Impersonating Bergman Brothers, our employees, or other users
• Using the Site to harass, threaten, or harm others
• Posting false, misleading, or defamatory content
• Interfering with Site operations or other users’ access
• Using Site content for commercial purposes without our written consent

6 Intellectual Property

6.1 Company Ownership

All content on this Site is owned by Bergman Brothers Staffing, Inc. or our licensors, including:

• Company name, logo, and branding
• Text, graphics, images, and videos
• Service descriptions and marketing materials
• Certifications, credentials, and professional documentation
• Website design, layout, and code

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

• Access and view Site content for personal, non-commercial use
• Print or download individual pages for your records related to requesting services or applying for employment

You may NOT:

• Reproduce, distribute, or display Site content without written permission
• Use our trademarks, logos, or branding without written permission
• Create derivative works based on Site content
• Use Site content for commercial purposes

6.3 Third-Party Certifications

Certifications displayed on this Site (BBB A+ Rating, Certified Minority-Owned Business, OSHA/EPA credentials) are owned by their respective organizations. We display these certifications in accordance with the terms of those organizations.

7 Third-Party Links

This Site may contain links to third-party websites (e.g., training providers, regulatory agencies, industry associations). We are NOT responsible for:

• The content, accuracy, or availability of third-party sites
• Privacy practices of third-party sites
• Products or services offered by third parties

Your use of third-party sites is at your own risk and subject to their terms and conditions.

8 Disclaimers

8.1 “As Is” Basis

8.2 No Professional Advice

Content on this Site is for informational purposes only and does not constitute:

• Legal, safety, or regulatory advice
• Guarantees of regulatory compliance
• Project-specific safety recommendations
• Employment offers or commitments

For project-specific guidance, consult with qualified professionals and regulatory authorities.

8.3 Service Availability Disclaimer

Information about our services, capabilities, and “24-48 hour deployment” is aspirational and based on typical conditions. Actual availability depends on numerous factors including certified professional availability, geographic location, project requirements, and logistics.

9 Limitation of Liability

9.1 Exclusion of Damages

9.2 Liability Cap

In no event shall our total liability to you for all claims arising from your use of this Site exceed $100 (one hundred dollars).

9.3 Basis of the Bargain

You acknowledge that we provide this Site at no charge and that these limitations of liability are fundamental elements of the agreement between us. We would not provide this Site without these limitations.

10 Privacy and Data Protection

Your use of this Site is also governed by our Privacy Policy, which explains:

• What personal information we collect
• How we use and protect your information
• Your rights regarding your data
• Cookie usage and tracking technologies

By using this Site, you consent to the data practices described in our Privacy Policy.

11 Modifications to Site and Terms

11.1 Site Modifications

We reserve the right to:

• Modify, suspend, or discontinue any part of the Site at any time without notice
• Update content, services, features, or functionality
• Restrict access to certain areas or features

11.2 Terms Modifications

We may update these Terms from time to time. Material changes will be indicated by updating the “Effective Date” at the top of this page. Your continued use of the Site after changes constitute acceptance of the revised Terms.

12 Termination

We reserve the right to:

• Terminate or suspend your access to the Site at any time, for any reason, without notice
• Remove any content you submit that violates these Terms
• Report illegal activity to law enforcement

Upon termination:

• Your right to use the Site immediately ceases
• Sections 5 (Prohibited Uses), 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), and 13 (Dispute Resolution) survive termination

13 Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any legal action arising from these Terms or your use of the Site must be filed in the federal or state courts located in Mecklenburg County, North Carolina. You consent to the exclusive jurisdiction of these courts and waive any objections to venue.

13.3 Informal Resolution

Before filing any legal action, you agree to first contact us to attempt informal resolution:

13.4 One-Year Limitation

You must bring any claim arising from these Terms or your use of the Site within one (1) year of the date the claim arose, or the claim is permanently barred.

14 General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bergman Brothers regarding your use of this Site. They supersede any prior agreements or understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

14.4 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.

14.5 Contact Information

For questions about these Terms, contact us at: