Last Revised: March 31, 2016
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Burd Health and meet the foregoing eligibility requirements.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT DISPUTES YOU HAVE AGAINST BURD HEALTH TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BURD HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. The Services are for Informational Purposes Only and Do Not Provide Medical Advice
The contents and materials contained on the Services, including those located within any employee portal provided through the Services or related to any biometrics or wellness screening results, are for informational purposes only, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions or concerns you may have regarding a medical condition. If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately. Never disregard professional medical advice or delay in seeking it because of something you have read on our Services. Reliance on any information provided by Burd Health or any Burd Health service providers on the Services is solely at your own risk.
2. End User Limited License and Burd Health Proprietary Rights
Subject to your agreement to and continuing compliance with the Agreements, Burd Health grants you a personal, non-exclusive, non-assignable, non-transferable license to access and use the Services for your personal use only. Burd Health reserves all rights not expressly granted herein in the Services. Burd Health may terminate this license at any time for any reason or no reason. You agree to abide by all additional restrictions displayed on the Services as they may be updated from time to time.
The Burd Health name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Burd Health. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Burd Health. Any images of persons or personalities contained on the Service are not an indication or endorsement of Burd Health or any particular product or our service unless otherwise indicated.
As a condition of your use of the Service, you agree not to (i) attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, or the computer systems or networks connected to the Service, (ii) duplicate, modify, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same, (iii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information from or through the Service, or any manual process to do the same; or (iv) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
3. User Accounts
We may permit you to register an account on the Services to access information specific to you. To register an account on the Services, (i) you must be at least 18 years of age (or the age of legal majority in your jurisdiction), or (ii) if you are under age 18 (or the age of legal majority in your jurisdiction) we must first receive and approve your parent or guardian’s verifiable consent before registering an account.
You are responsible for providing and maintaining current your accurate contact information, which may include name, email address, address, phone number, and place of employment. Burd Health may not be able to verify the accuracy of such information, and may rely on such input information without further corroboration or inquiry.
You are responsible for maintaining the confidentiality of any password and account name provided by you or Burd Health for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. Burd Health has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will cease all use and contact Burd Health immediately by emailing email@example.com.
4. Submission of Information to Burd Health
Any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Burd Health by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Burd Health or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Burd Health. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Burd Health and Burd Health may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Burd Health any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
5. Third Party Links
The Services may provide links to other websites, apps or resources by third parties. For example, we may provide you with links and resources to help you build your own personalized path to health and wellness.
These third-party websites, apps and resources are provided for your convenience only. The third-party websites, apps and resources are not reviewed, controlled, examined, sponsored, or endorsed by Burd Health and Burd Health is not responsible for the information, advertising, products, resources or other material of any third-party website, app or resource, or any link contained in a third-party website, app or resource. The inclusion of any website, app or resource does not imply endorsement of the owner/sponsor of the website, app or resource or its content by Burd Health. YOUR USE OF ANY SUCH THIRD-PARTY WEBSITES, APPS OR RESOURCES IS AT YOUR OWN RISK. Burd Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such websites, apps or resources.
6. Disclaimer and Limitation of Liability
THE SERVICES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL OR OTHER ERRORS. BURD HEALTH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANYTHING ON THE SERVICES OR THE RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED, DISTRIBUTED OR ACCESSED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. BURD HEALTH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICES. BURD HEALTH MAY MAKE ANY OTHER CHANGES TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL BURD HEALTH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THESE TERMS AND CONDITIONS OF USE, THE USE OF, OR THE INABILITY TO USE, THE CONTENT, INFORMATION OR FUNCTIONS OF THE SERVICES, EVEN IF BURD HEALTH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BURD HEALTH’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED RELATED TO THESE TERMS AND CONDITIONS OF USE, THE USE OF, OR THE INABILITY TO USE, THE SERVICES (INCLUDING THE CONTENT, INFORMATION OR FUNCTIONS OF THE SERVICES), SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. Service Availability and Changes
The Services may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating or construction. Burd Health cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Burd Health may terminate, change, suspend or discontinue any aspect of the Services, including the availability of any features of the Services, at any time. Burd Health may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
8. ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims related to your use of the Services will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
This arbitration provision does not apply if you are an employer and have entered into a separate Services Agreement with Burd Health as a customer of Burd Health.
A. Informal Process First. You agree that in the event of any dispute between you and Burd Health related to your use of the Services, you will first contact Burd Health and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
B. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Services, or relating in any way to the communications between you and Burd Health or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Burd Health. However, this arbitration agreement does not (a) govern any Claim by Burd Health for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Burd Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Burd Health, 3201 Danville Blvd., Suite 215, Alamo, CA 94507. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with Burd Health and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use the Service.
C. Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Burd Health each waive any right to a jury trial.
9. Forward Looking Statements
The Services may contain forward-looking statements, including statements about our beliefs and expectations. These statements are based on current plans, estimates and projections, and therefore readers should not place undue reliance on them. These statements involve inherent risks and uncertainties, many of which are outside our control. Forward-looking statements speak only as of the date they are made, and we undertake no obligation to update any of them in light of new information or future events.
13. International Users
The Services is controlled, operated and administered from offices within the United States of America and is intended for U.S. visitors. Burd Health makes no representation that any of the Services are appropriate or available for use at locations outside of the United States. Access to the Services from territories where the content of the Services is illegal is prohibited. You may not use the Services in violation of U.S. export laws and regulations. If you access the Services from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.
14. Governing Laws
For more information please contact Burd Health by email at email@example.com or by mail at Burd Health, 3201 Danville Blvd., Suite 215, Alamo, CA 94507.