Adult Usage Only in the United States
Payment of Fees
Burgmann may charge you for services in conjunction with using the Site, including but not limited to third-party laboratory tests that you order and use. OUR SITE SERVICES ARE ALL PRIVATE PAY. WE DO NOT ACCEPT NOR BILL ANY INSURANCE COMPANY OR GOVERNMENTAL PAYORS. WE DO NOT PROVIDE ANY LABORATORY OR OTHER MEDICAL SERVICES. ALL SUCH SERVICES ARE PROVIDED BY LICENSED THIRD-PARTIES. We may assess and collect from you fees, surcharges, or other supplemental payment requirement imposed on Burgmann by any governmental, regulatory, or financial institution or entity. You may make payments to Burgmann by various methods, which may include valid credit card, PayPal, Apple Pay, Google Pay and other electronic payment methods. Burgmann reserves the right to expand or limit its payment options.
In conjunction with each payment you make to Burgmann, or in which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information). Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site Services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees to us Burgmann and that Burgmann is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
We utilize a third-party payment processing company. We do not collect any of your personal credit card information. If you have any concerns regarding your payment information, you agree to contact us and allow us to investigate; provided however, that you acknowledge that we are not responsible for any errors or omissions from the third-party payment processing company.
If you would like to see your payment history, please log into your account. You may access it from within your member profile by going to “Account,” then “Billing,” and finally “Billing History.”
All fees paid are non-refundable. No refunds will be provided to you if you cancel your services or fail to proceed with your lab testing that you have ordered. You also will not be entitled to a refund if we suspend or terminate your services for cause.
Lab Specimens Shipment and Expiration Date
When you purchase a third-party lab test, some tests may require advanced collection and come with items to allow you to collect a specimen. Any such specimen collection items are manufactured and sourced directly from our licensed third-party laboratories, and will be shipped to the location that you provide in your order. In order to help ensure lab results are as accurate as possible, each specimen collection system may have an applicable expiration date on it. You must provide your specimen prior to the end of any expiration date.
If you miss a payment or have an overdue account, you may be assessed a one-time late fee. You may also be charged twelve percent (12%) interest on your past due balance. The interest rate is calculated on a continuously compounded basis.
One Account Policy
To further the integrity of the services provided by Burgmann, all users are limited to one account per person, provided that parents and guardians may also create an account for each minor child. Users who violate this policy may have all of their accounts suspended or terminated.
Your Account Security
You are responsible for maintaining the security in your account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., password), and all consequences that stem from activities occurring with your account. You also agree that we are not responsible for any unauthorized use of your account. You may not share your login information with anyone. We will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact us.
You further agree to promptly notify us of any security breach relating to your account. Such notices should be as provided in the “Notices and Communication” section below.
We encourage all users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords; and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide to us is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) days of a change in any information you provided us. Such notices should be as provided in the “Notices and Communication” section below.
Failure to provide such new information will constitute a material breach of the terms of this TOS and may lead to the suspension or termination of your account.
Code of Conduct
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
- Use any metatags or any other “hidden text” utilizing Burgmann’s name, service or trademarks or trade dress without the express written consent of Burgmann;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site, services or tools if you are not able to form legally binding contracts;
- Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
- Any attempt to reverse engineer or reconstruction any portion of the Site; and
- You may not share your login information or allow third parties to utilize your login information to the Site.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site Services. You further agree to that to the extent you are using the Site for the purposes related to Burgmann and that will adhere to all applicable State and Federal laws and regulations.
If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Burgmann is not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice. In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.
Use of Content
For all customers that provide feedback to us related to the Site or Site Services, you consent to Burgmann using your first name and last initial along with some or all of your comments and feedback. You further agree that we may reasonably edit your comments and feedback. In providing any content to us, you agree that you will not provide, and any and all of your comments and feedback may be deemed to not include, any “Protected Health Information” as that phrase is defined by the Health Insurance Portability and Accountability Act and associated regulations (collectively, “HIPAA”).
Protected Health Information
As part of the Site Services, you may be able to purchase various laboratory tests, which may be administered, sampled, and/or reviewed by one or more third-party laboratories or licensed physician. Such third parties are not employees or agents of Burgmann, and you agree to hold harmless Burgmann related to all of their acts and omissions.
After you have purchased a laboratory test, you will be provided with additional instructions by the laboratory that will perform the test. The laboratory may mail you materials to collect a specimen or may schedule a time to collect a specimen. You may be required to sign additional waivers and disclaimers prior to receiving services from these third parties. Failure to provide the required information or to sign the required documents may result in you not receiving all services. No refunds are issued by Burgmann if you fail to follow-through on all services.
You agree that the third party laboratories and physicians may share information with us related to your results. Any information related to your specific test results will be displayed on our Site after you log into your Account.
Maintenance/Site Down Time
Burgmann reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Burgmann will attempt to communicate any expected prolonged system outage to Site users in advance of outage.
Burgmann is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, pandemic, labor strike or shortage, or any other condition that is reasonably outside of Burgmann’s control.
Intellectual Property Rights
You agree that Burgmann holds all right, title and interest to all services, its websites and information and technology used to provide the Site Services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this Site is the property of Burgmann or its licensors and protected by United States and international copyright laws.
You also grant Burgmann a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to Burgmann. Such information will be used solely by Burgmann in conjunction with marketing the Site and its services.
Disclaimer of Warranties
BURGMAN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY SITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF BURGMANN, BURGMANN DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FURTHERMORE, BURGMANN DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR ANY LABORATORY, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF BURGMANN, BURGMANN PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH BURGMANN. YOU AGREE THAT SHOULD YOU HAVE ANY CLAIM RELATED TO THE INACCURACY OF INFORMATION RELATED TO SITE SERVICES OR ANY OTHER ISSUES OR PROBLEMS RELATED TO LABORATORY TEST OR RESULTS, THAT YOU WILL EXCLUSIVELY PURSUE ACTION AGAINST THE LABORATORY AND HOLD HARMLESS BURGMANN FROM ANY AND ALL CLAIMS AND DEMANDS.
BURGMANN ENTERPRISES, INC. IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
Assumption of Risk
The Site is intended for informational purposes only. When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site or third parties related to the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to you and your computer, electronic device, or other property, including but not limited to the loss of money, corruption of data, loss of data, and loss of chance. Our Site does not provide medical advice and is no substitute for obtaining medical advice from a qualified physician. If you believe you may be ill and need medical treatment, we recommend that you immediately consult with a licensed physician.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Burgmann provides email support for Site customers. Support can be reached by sending an email to: firstname.lastname@example.org. Burgmann attempts to respond to customer inquiries within two (2) business days.
You agree that Burgmann shall have the right to participate in the defense of any claim asserted against Burgmann. You also agree that Burgmann shall be entitled to retain a counsel of Burgmann’s own choosing at your cost. You further agree to notify Burgmann of your knowledge of any claim against Burgmann. You agree to cooperate fully with Burgmann during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to Burgmann and sums are due and owing from you to Burgmann and you are in default of your obligations under this TOS, you authorize Burgmann to deduct any sums due and owing from your payment source(s) so long as Burgmann provided you with notice of your default and you failed to cure the default under the terms and conditions of this TOS.
Right to Refuse Service
Burgmann, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.
Consent and Survival of Agreement
Reports of Abuse
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Burgmann be liable to you for your failure to retain necessary records, nor will Burgmann’s (non-)retention of records act to alleviate your duty under the law.
Termination of Services
Users who wish to terminate their services must complete the cancellation process on their account profile within the Site.
Notices and Communication
Notices that you send to us must be delivered via first class mail to the following address:
BurgMann Enterprises Inc.
16010 Foster St #3 Overland Park, KS 66085
You may also send us notices to: email@example.com so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
In sending any notice to us, you will need to reasonably explain the action that you see us to take and/or actions or inactions that you believe we need to take.
Dispute Resolution, Arbitration, Choice of Law, Jurisdiction and Venue
All purchases from Burgmann are deemed made within the State of Missouri.
You further agree to resolve any claim that you may have against us on an individual basis in arbitration. You acknowledge that you will not be able to bring, and hereby waive bringing, any class, collective, or representative action against us, and accordingly, you will not be eligible to participate in, or recover any relief under, any current or future class, collective, consolidated, or representative action brought against us by someone else. You may opt-out of the requirement for arbitration and this class action waiver provision by providing us with notice within thirty (30) days of when you sign up for your account with our Site. If you have not opted out by that time, you agree that you will be bound by this arbitration and class action waiver provision. You may opt-out of these requirements by notifying us using the procedure stated in the “Notice and Communication” section above.
For all claims, you agree that you will first provide a good faith opportunity for us to resolve the dispute informally with you. You must notify us in writing and include: (i) your name, (ii) your address, (iii) a detailed written description of your claim and concerns, and (iv) a description of the specific relief you seek. If we are unable to resolve the claim to your satisfaction within thirty (30) days after we receive your written notification, you may pursue your claim in arbitration. Any breach of this dispute resolution section by a party shall be deemed a material breach of this TOS.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by Burgmann must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived.
Waiver of Jury Trial
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in this TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under this TOS without the prior written consent from Burgmann. Any attempt by your creditors or another third party to obtain an interest in your rights under this TOS Policy is voidable at Burgmann’s option.
Successors and Assigns
Except as otherwise expressly provided herein, this TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Burgmann in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Burgmann’s election to not assert its rights under this TOS shall not preclude Burgmann from asserting its rights in the future.
Severability of Terms
If Burgmann prevails in any action, suit, or proceeding arising from or based upon this TOS, Burgmann shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in this TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
The Site and Site Services are not available to residents of the State of California. If you are a resident of the State of California, you are not authorized to use this Site nor the Site Services. You further agree to indemnify, hold harmless, and defend us from and against any and all liability with your use of the Site and Site Services.
Burgmann Enterprises Inc.
16010 Foster St #3 Overland Park, KS 66085