Terms & Disclaimers
Last Updated: June 11, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. SEE SECTION 11 FOR DETAILS.
These Terms & Disclaimers (“Terms”) govern your access to and use of the Berner Pest Solutions LLC website at https://bernerpest.com (“Site”) and your use of any pest control services provided by Berner Pest Solutions LLC (“Berner Pest Solutions,” “we,” “us,” or “our”). By accessing the Site or scheduling or receiving services, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.
1. Privacy Policy
1.1 Information We Collect
Non-Personal Information: When you visit our Site, we automatically collect your IP address, browser type, device characteristics, pages visited, and how you arrived at the Site. This data does not identify you personally and is used solely to improve site performance and user experience.
Personal Information: We collect personal information you voluntarily provide — including your name, mailing address, phone number, and email address — submitted through contact forms, quote requests, or service inquiries.
Communications: If you contact us by phone, email, or text message, we may retain records of that communication.
Browsing Sessions: We use technology that records your browsing session on the Site. We use this information for quality control, customer service, fraud prevention, security, and service improvement purposes.
1.2 How We Use Your Information
- To respond to inquiries and schedule pest control services
- To send appointment confirmations, reminders, and service follow-ups
- To send promotional communications (you may opt out at any time)
- To improve our Site and services
- To comply with applicable legal obligations
1.3 Cookies and Analytics
Our Site uses cookies — small text files stored on your device — to enhance your browsing experience. We use first-party cookies for site functionality and third-party cookies from services including:
- Google Analytics: Tracks aggregate website usage (pages viewed, session duration, traffic sources). Data is anonymized. You may opt out via Google’s opt-out tool.
- Contact Form 7: May set session cookies to process form submissions.
You may disable cookies in your browser settings; however, some Site features may not function as intended.
1.4 Third-Party Sharing
We do not sell, trade, or rent your personal information to third parties. We may share information with service providers (payment processors, scheduling software, email platforms) solely to operate our business. These providers are contractually required to keep your information confidential. We may disclose information if required by law, court order, or to protect the rights and safety of our business or others.
1.5 SMS / Text Message Communications (TCPA)
By providing your mobile phone number and requesting a service or quote, you consent to receive text messages from Berner Pest Solutions regarding appointment scheduling, service updates, and follow-up communications. You are not required to consent to text messages as a condition of purchasing any service. Message and data rates may apply. Message frequency varies. To opt out, reply STOP to any message. For help, reply HELP or contact us at 859-880-1519. We do not share your mobile number with third parties for their marketing purposes.
1.6 Children’s Privacy
This Site is not directed to children under the age of 13, and we do not knowingly collect personal information from anyone under 13. Our services require entry into a binding service agreement and are intended for adult consumers. If you believe a minor has submitted personal information to us, please contact us at info@bernerpest.com and we will promptly delete it. Age eligibility requirements for scheduling services are addressed in Section 2.1.
1.7 Data Retention
We retain personal information only as long as necessary to provide services and fulfill legal obligations. Customer service records are typically retained for up to seven (7) years in accordance with standard business practice.
1.8 Your Privacy Rights
You have the right to request access to, correction of, or deletion of your personal information on file with us. To make a request, contact us at info@bernerpest.com or 859-880-1519. We will respond within a reasonable timeframe.
1.9 Changes to Privacy Policy
We may update this Privacy Policy periodically. Changes will be posted on this page with a revised effective date. Continued use of the Site constitutes your acceptance of the updated policy.
2. Terms of Use
2.1 Eligibility
You must be at least 13 years old to use the Site. You must be at least 18 years old to schedule or enter into a service agreement with us. By using the Site or scheduling services, you represent that you meet these age requirements and that all information you provide is accurate and complete.
2.2 License to Use the Site
We grant you a personal, limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial purposes. This license does not include the right to resell or commercially exploit any content, collect product listings or descriptions for commercial use, create derivative works, or use data mining, robots, or similar data extraction tools. All rights not expressly granted are reserved by Berner Pest Solutions.
2.3 Prohibited Conduct
When using the Site, you agree not to:
- Violate any applicable federal, state, or local law or regulation
- Infringe or misappropriate any intellectual property, privacy, or publicity rights
- Transmit any virus, malware, or other harmful code
- Attempt unauthorized access to our systems, servers, or data
- Impersonate any person or entity or misrepresent your affiliation
- Use automated tools to scrape, crawl, or harvest data from the Site
- Engage in any conduct that could damage, disable, overburden, or impair the Site
- Transmit unsolicited commercial communications (spam)
2.4 Intellectual Property
All content on the Site — including text, images, logos, graphics, and service descriptions — is the property of Berner Pest Solutions LLC and is protected by applicable U.S. copyright and trademark law. You may not reproduce, distribute, modify, or create derivative works from any Site content without our express written permission. Our name, logos, and service marks may not be used in connection with any product or service without prior written consent.
2.5 DMCA Copyright Policy
We respect intellectual property rights. If you believe content on the Site infringes your copyright, please send a notice to info@bernerpest.com including: (1) a description of the copyrighted work claimed to be infringed; (2) identification of the allegedly infringing material and its location on the Site; (3) your contact information; (4) a statement of good faith belief that use is not authorized; and (5) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.
2.6 Third-Party Links
The Site may contain links to third-party websites for convenience. We do not control, endorse, or assume responsibility for the content, privacy practices, or accuracy of any third-party site. Visiting external links is entirely at your own risk. We reserve the right to remove any third-party link at any time.
2.7 Accuracy of Information; Inaccuracy Disclaimer
We make reasonable efforts to keep Site content accurate and current. However, from time to time there may be typographical errors, inaccuracies, or omissions relating to service descriptions, pricing, or availability. We reserve the right to correct any such errors and update information at any time without prior notice. Service offerings and pricing are subject to change.
2.8 Termination of Access
We reserve the right to terminate or restrict your access to the Site at any time, for any reason, without notice, including for violation of these Terms. If you violate these Terms, your license to use the Site automatically terminates.
3. Service Terms
3.1 Authorization & Access
By scheduling a pest control service, you authorize our licensed technicians to enter your property on the agreed date and time for the purpose of inspection, treatment, or follow-up service. You represent that you have the legal authority to grant such access. You agree to provide safe and reasonable access to all areas requiring treatment.
3.2 Scope of Service
Services are limited to those specified at the time of scheduling. Berner Pest Solutions is not responsible for pest issues arising from conditions outside the agreed scope of treatment, including re-infestation from neighboring properties, structural deficiencies, sanitation issues, or failure to follow pre- or post-treatment instructions.
3.3 Customer Preparation Responsibilities
Certain treatments require you to prepare the premises in advance — for example, removing pets and people from treatment areas, covering food and food-contact surfaces, clearing access points, or temporarily vacating the property. Specific preparation instructions will be provided prior to service. Berner Pest Solutions is not liable for adverse outcomes resulting from failure to follow preparation or post-treatment instructions.
3.4 Results Disclaimer
Pest control results vary based on pest species, infestation severity, structural conditions, environmental factors, and your cooperation with preparation and follow-up requirements. Berner Pest Solutions does not guarantee the complete or permanent elimination of any pest species. Re-infestation can occur due to factors outside our control. Re-treatment may be required and may be subject to additional charges depending on your service plan.
3.5 Re-Treatment Policy
Customers on ongoing service plans may be eligible for complimentary re-treatments between scheduled visits if pest activity returns, subject to the specific plan terms, proper preparation by the customer, and technician assessment. One-time service customers should contact us to discuss re-treatment options and applicable pricing.
3.6 Cancellation & No-Show Policy
Please notify us at least 24 hours in advance to cancel or reschedule an appointment. Repeated cancellations with less than 24 hours’ notice or missed appointments without notice may result in a cancellation or rescheduling fee or a requirement to prepay future services. We reserve the right to cancel or reschedule appointments due to technician availability, weather, or other circumstances, and will notify you as promptly as possible.
3.7 Payment Terms
Payment is due at the time of service unless otherwise agreed in writing. We accept major credit cards and other methods as indicated at the time of booking. Invoices not paid within 30 days of the service date may be subject to a late fee. Returned checks or declined payments may incur a processing fee. Delinquent balances may be referred to collections. Pricing is subject to change; customers on recurring plans will receive advance notice before any price change takes effect.
3.8 Property Damage Claims
Our technicians take care to perform services professionally and without unnecessary disruption to your property. We are not responsible for pre-existing structural damage, property conditions that facilitated pest access, or damage caused by the pests themselves. Any concern about property damage allegedly caused by a Berner Pest Solutions technician must be reported in writing within 48 hours of service to be considered.
3.9 Licensing & Compliance
Berner Pest Solutions operates under applicable Kentucky pesticide applicator licensing requirements governed by the Kentucky Department of Agriculture under KRS 217B. All treatments are performed by licensed, trained technicians. We use only EPA-registered products applied in strict accordance with label directions.
4. Pesticide & Chemical Treatment Disclaimer
Pest control treatments involve the application of EPA-registered chemical products. While we follow all label requirements and applicable safety protocols:
- All people and pets must vacate treated areas for the time period specified by the technician or product label before re-entry. Re-entry before that time is at your own risk.
- Individuals with known chemical sensitivities, respiratory conditions, pregnancy, or compromised immune systems should inform us prior to service so we can discuss appropriate options.
- Berner Pest Solutions is not liable for adverse reactions occurring when customers re-enter treated areas before the recommended re-entry interval, or when pre-treatment preparation instructions were not followed.
- Safety Data Sheets (SDS) for any products used during your service are available upon written request.
- Application of pesticides contrary to their EPA-registered labeling is prohibited by federal law. We do not engage in such practices.
5. Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BERNER PEST SOLUTIONS LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SITE; (B) ANY ERRORS OR OMISSIONS IN SITE CONTENT; (C) PEST CONTROL SERVICE OUTCOMES, INCLUDING RE-INFESTATION OR PRODUCT REACTIONS WHERE INSTRUCTIONS WERE NOT FOLLOWED; OR (D) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM SERVICES RENDERED SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE 12-MONTH PERIOD PRECEDING THE CLAIM.
Some jurisdictions do not permit certain limitations on liability or implied warranty disclaimers. In those cases, our liability is limited to the maximum extent permitted by applicable law.
7. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Berner Pest Solutions LLC and its officers, employees, agents, and successors from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or our services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) false or inaccurate information you provided to us.
8. Accessibility
We are committed to making our Site accessible to all users. If you encounter any accessibility barriers, please contact us at info@bernerpest.com or 859-880-1519 and we will work to provide information or assistance in an accessible format.
9. Informal Dispute Resolution
Before initiating any formal dispute process, you agree to first contact us in writing at info@bernerpest.com describing the nature of your dispute and the resolution you are seeking. We will make a good-faith effort to resolve the dispute informally within 30 days of receiving your notice. This informal process is a condition precedent to initiating arbitration. The statute of limitations applicable to any dispute is tolled during this 30-day period.
10. Governing Law & Jurisdiction
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law provisions. For any dispute not subject to arbitration under Section 11, you consent to the exclusive jurisdiction of the state and federal courts located in Fayette County, Kentucky, and waive any objection to venue in such courts.
11. Arbitration Agreement & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
After completing the informal dispute process in Section 9, you and Berner Pest Solutions agree to resolve any remaining dispute, claim, or controversy arising out of or relating to these Terms or our services (“Claim”) through binding individual arbitration, rather than in court — except for Claims that qualify for small claims court and Claims relating to intellectual property (which either party may bring in court).
Class Action Waiver: YOU AND BERNER PEST SOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. No arbitrator may consolidate Claims of multiple persons or preside over any class proceeding.
Jury Trial Waiver: BY AGREEING TO ARBITRATION, YOU AND BERNER PEST SOLUTIONS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
Arbitration Process: Arbitration shall be conducted by a single neutral arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (AAA), available at www.adr.org. The arbitration may be conducted in person, by phone, or by document submission as agreed by the parties. The arbitrator may award any individual relief available in court. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Costs: Filing fees and arbitration costs are governed by the AAA Rules. If you demonstrate the costs of arbitration are prohibitive, we will consider covering a portion of those costs in our discretion.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to info@bernerpest.com within 30 days of first agreeing to these Terms. Your opt-out will not affect any other provision of these Terms.
If any part of this arbitration provision is found invalid or unenforceable, that part shall be severed, and the remainder shall remain in full force.
12. General Provisions
Entire Agreement: These Terms, together with any service agreement or additional terms applicable to specific services, constitute the entire agreement between you and Berner Pest Solutions regarding the Site and our services and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
Non-Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision in the future.
Assignment: We may assign our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms without our prior written consent.
Force Majeure: We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of nature, labor disputes, government actions, or utility failures.
Changes to Terms: We reserve the right to modify these Terms at any time. Material changes will be posted on this page with a revised “Last Updated” date. Continued use of the Site or our services after changes are posted constitutes your acceptance of the updated Terms.
13. Contact Us
For questions or concerns regarding these Terms, please contact us:
- Phone: 859-880-1519
- Email: info@bernerpest.com
- Mailing Address: Berner Pest Solutions LLC, Lexington, KY
Please print or save a copy of these Terms for your records.