Terms of Service

Last Updated: October 16, 2025

 

Welcome to Burnie’s Way (“Company,” “we,” “our” or “us”). These Terms of Service form an agreement (the “Agreement”) between Company and you, and the Agreement applies to your use of our website, and your use or purchase of our products or services (each, a “Service”), as further described herein. The terms “you” and “your” herein refer to the entity or individual that accepts this Agreement or purchases or uses any Services. By accessing, using or purchasing any Services, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in our <Privacy Policy>. This Agreement applies to all visitors, users, and others who access, use or purchase any Services (each, a “User”). If you do not agree to the terms and conditions of this Agreement, you must not access or use any of our Services.

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. You and we agree as follows:

  1. Our Services

 

  • You may use our Services only if you are at least eighteen (18) years old.

 

  • Third-Party Services and Terms. We may make available to you the ability to use or purchase Services (each, a “Third-Party Service”) provided by third parties (each, a “Third Party”) from us or directly from the Third Party. Third Parties may have their own terms, conditions and policies (collectively, “Third-Party Terms”), and you agree that it’s your obligation to review and abide by those Third-Party Terms (in addition to this Agreement). You acknowledge and agree that we do not control Third-Party Services and, to the fullest extent permitted by applicable law, we are not liable to you or any other person or entity for any damages or harm arising out of or relating to your use of a Third-Party Service.

 

  • Limited License. Subject to the terms and conditions of this Agreement (including, but not limited to, your payment of all applicable fees), you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable right and license to access and use our website (including our online customer portal) and other Services for your personal, noncommercial use only. Company reserves all rights not expressly granted herein in the Services and the Company Content (as defined below).

 

  1. User Accounts

 

  • Your Account. We may require you to establish a user account with us for some or all of our Services (a “User Account”). Your User Account gives you access to certain Services that we may establish and maintain from time to time and in our sole discretion. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible and liable for the activity that occurs on your User Account (including, but not limited to, all purchases made through your User Account), and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and are at least 12 characters long) with your User Account. You must notify Company immediately of any unauthorized access to or use of your password or other authentication credentials or User Account. Company will not be liable for any losses, damages or charges caused by any unauthorized use of your User Account.

 

  • Consent to Contact You. By providing Company your email address, you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. For example, you agree that we may use your email address to send you notices concerning our Services (including but not limited to termination, suspension, pricing or feature updates, and Agreement updates). You also agree that we may use your email address to provide you with information we believe may be of interest to you, including but not limited to, promotional and marketing messages (e.g., new Services, new features and special offers) and other notices pertaining to our Services. If you do not want to receive such promotional or marketing email messages, you may opt out by using the “unsubscribe” link in any emails we send you, or by sending an email to <EMAIL> requesting to opt out, or by modifying your notification preferences in your User Account. Opting out may prevent you from receiving such promotional and marketing email messages, but please note that we may still send you emails with information about your account or any Services you are using.

 

  1. Changes to the Services, Cancellation & Termination

 

  • Changes to Services. We may prospectively change any Services, stop providing Services (or features of any Services) to you, or create usage limits for the Services (each, a “Service Change”). You agree that we shall not be liable to you or any third party for any such Service Changes and that your continued use of the Services after a Service Change constitutes your acceptance of any such Service Change.

 

  • Suspension and Termination by Us. We may terminate or suspend this Agreement, your account, or your access to the Services immediately without notice (i) if you violate any provision of this Agreement, or we believe your use of our Services could expose us to legal liability in any jurisdiction, (ii) to protect the integrity and stability of our systems or the systems of a Third Party, or (iii) to comply with a court order or requests from law enforcement (a “for Cause” suspension or termination). In the event of a suspension or termination for Cause, we will endeavor to provide you with notice as soon as practicable. We may also terminate or suspend this Agreement, your account or your access to the Services immediately upon notice to you for our convenience (a “for Convenience” suspension or termination).

 

  • Cancellation or Termination by You. You may cancel any Services or terminate this Agreement at any time by providing us with notice to <EMAIL> or as otherwise permitted by us in your User Account.      

 

  • Effect of Termination. All cancellations and terminations are subject to our <Cancellation and Refund Policy> in effect at the time of your purchase or renewal (please take a moment now to review that policy). Upon termination or cancellation for any reason, you continue to be bound by the terms of this Agreement with respect to all obligations and liabilities that arose prior to termination. You acknowledge and agree that, except as expressly provided otherwise in our <Cancellation and Refund Policy>, (i) if you cancel any Services or terminate this Agreement (for any reason) or if we terminate any Services or this Agreement for Cause, you will not receive any refund of fees paid for any terminated Services (and all fees owed must still be paid), and (ii) if we terminate any Service or this Agreement for Convenience, your sole and exclusive remedy for such termination is a prorated refund of any prepaid fees for Services not yet provided by us. Except as otherwise expressly set forth herein or on our website, we will cease charging your Payment Method for any monthly subscription fees as of the expiration of the billing cycle in which the termination is effective. Upon termination of any Services or this Agreement, all licenses granted to you for the terminating Services or under this Agreement, as applicable, will immediately cease, you must cease using the terminated Services, and you must destroy all copies of Company Content (as defined below). Except where appliable law requires otherwise, upon termination of this Agreement: (i) we will, upon your request made within thirty (30) days of such termination, provide you with a copy of your User Content in a format determined by us, and (ii) we may, thirty (30) days after termination, delete all User Content.

 

  1. Fees, Payments and Renewals

 

  • Your Obligation to Pay Fees and Taxes. You agree to pay us all applicable fees as designated on our website for the Services you order or as otherwise designated by us in the ordering process. All fees for any order you place are subject to change at the time of any renewal or as otherwise provided herein. All fees are due immediately, in advance of Services delivery, and are non-refundable, except as otherwise expressly provided herein or on our website at the time of your purchase, or as required by law. For clarity, all subscription Services fees will be billed in advance of the applicable subscription period. You are responsible for payment of all applicable taxes (other than taxes based on our income), including, but not limited to, sales tax, use tax, value added tax, and other taxes and governmental charges and duties on your purchase of Services (collectively, “Taxes”). You agree to pay all Taxes related to the Services or payments made by you hereunder.

 

  • Payment Method. Payments for Services are to be made via a charge to your credit card, debit card or other payment method acceptable to us (your “Payment Method”) as collected and processed by our third-party payment processor, [PROCESSOR NAME] (the “Processor”). You acknowledge and agree that your submission of your Payment Method will be directly to our Processor, that we do not collect your credit card or other financial account information, and you may be required to agree to additional terms and conditions with our Processor in connection with your payment of fees for Services. You are solely responsible for ensuring your Payment Method is up to date with our Processor. By submitting an order for Services, you authorize Company and Processor to charge the applicable fees using your Payment Method.

 

  • Subscriptions Automatically Renew. You agree that all monthly and annual subscriptions and any other recurring fees related to any Services will be recurring transactions billed on an ongoing basis using your Payment Method until the Services are cancelled or the Agreement is terminated in accordance with this Agreement. Any Service purchased on a month-to-month basis (a “Monthly Subscription”) will automatically renew each month at the then-current fees applicable to the Service as listed on our website until terminated as provided in this Agreement. Any Service purchased on an annual basis (an “Annual Subscription”) will automatically renew at the end of each 12-month period for additional one-year periods at the then-current fees applicable to the Service as listed on our website until terminated as provided in this Agreement. Any renewal of your Services is subject to the then-current version of this Agreement and payment of all applicable fees. Except in connection with Monthly Subscriptions or as otherwise required by law, we will make reasonable efforts to notify you of an upcoming renewal of your Services prior to the renewal date. For Annual Subscriptions, you agree that we and our Processor may charge your Payment Method for each renewal on a date that is no more than thirty (30) days prior to the renewal date. You agree that we or our Processor may extend the expiration date (using third-party services for such purposes) on your Payment Method on file with our Processor in order to effect a renewal.

 

  • Trial Offers. If you sign up for a Service subscription that includes a free trial period, you agree that unless you cancel the Service prior to the end of the free trial period, we will automatically charge your Payment Method (and you agree to pay) for the applicable fees for the Services commencing after the expiration of the free trial period.

 

  • Service Subscription Tiers and Overages. Services provided on a subscription basis may include a maximum total number of minutes for telephonic interactions with Company Case Managers and Care Coordinators on a monthly basis (“Maximum Minutes”). The Maximum Minutes available will depend upon the Service subscription tier you purchase. If you exceed the Maximum Minutes applicable to your Service tier in a given month (the “Overage Month”), we will notify you and provide you with the option of upgrading to a higher tier with more Maximum Minutes available on a monthly basis. If you do not elect to upgrade to a higher Service tier within the time prescribed in the notice, we will continue to charge you based on your current Service tier and will also charge you (and you agree to pay) the applicable per-minute fee for each minute over the applicable Maximum Minutes each month. Note that your charges for either the upgraded Service tier or the per-minute fee for extra minutes, as applicable, will commence with the month following the Overage Month. While we will not charge you for the extra minutes used in the Overage Month, we reserve the right to limit our telephonic interactions during the Overage Month after you have exceeded the Maximum Minutes where we believe that such a limitation is necessary to avoid adversely impacting our ability to serve other Users.      

 

  • Payment Method Failure. If your Payment Method fails or is rejected for any reason in connection with a renewal (a “Failed Payment”), you agree that we may, but shall not be obligated to, (i) notify you by email to permit you to update your Payment Method information, and (ii) make additional attempts to charge your Payment Method for the applicable renewal fees. You acknowledge and agree that in the event of a Failed Payment we will terminate the applicable Services as of the end of the paid subscription term, whichever is later. You agree to be responsible and reimburse us for all fees we incur due to a Failed Payment.          

 

  1. Account and Individual Information. In connection with any information you upload to the Services or otherwise provide to us, whether in hard copy, electronically or orally (“User Content”), you affirm, represent and warrant the following:

 

  • You have all consents, permissions and authorizations necessary from the individuals whose information is included in the User Content to provide the information to us for our use in providing the Services;

 

  • Your User Content and Company’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; and

 

  • To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

In addition to your other obligations under this Agreement, you agree that you will not, and you will not assist or authorize any other party to, do any of the following in connection with the Services:

  • Copy, scrape, publish or otherwise reproduce content from our website;

 

  • Submit any content that contains malware, spyware or other malicious code, or that otherwise interferes with the operation of the Services or any device or system (of Company or any other party); and

 

  • Breach or circumvent, or attempt to breach or circumvent, any security measure of Company or any other party;

You agree that, subject to applicable law, we may share your User Content and any information about your account with law enforcement authorities investigating any illegal activity related to your use of our Services, or in response to a subpoena or other legal process.      

  1. Our Proprietary Rights. Except for your User Content, the Services and all content and information therein (collectively, the “Company Content”), and all intellectual property rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, transmit, reverse engineer, decompile, disassemble, attempt to derive the source code from, publicly display, publicly perform, publish, or create derivative works from any Company Content. You also agree not to access or use our Services for the purpose of creating or assisting a third party in creating a product or service that is competitive with any of our Services. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that we are free to use, disclose and fully exploit the Feedback for any and all purposes and without any compensation or attribution to you.

  1. No Medical Advice. Company provides supportive, non-medical services. We do not diagnose, prevent or treat diseases or medical conditions or provide medical advice. We do not replace primary care or other healthcare providers. You should contact your healthcare provider for all medical advice and services.
  2. We care about the privacy of our Users. You acknowledge and agree that by using the Services you are consenting to the collection, use and disclosure of personally identifiable information as set forth in our <Privacy Policy>.
  3. We care about the integrity and security of the personal information you provide to us. We use reasonable security safeguards in compliance with applicable laws to protect our systems and the personal information we process through our Services.
  4. Third-Party Links and Information. The Services may contain links to third-party materials that are not owned or controlled by Us. If you access a third-party website or service from the Services or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that the Company’s Privacy Policy does not apply to your use of such sites. You AGREE THAT WE WILL HAVE NO liability arising from your use of any third-party website, service, or content.
  5. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company and its affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively, “Losses”) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any provision of this Agreement; (iii) your actual or alleged violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your actual or alleged violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation actual or alleged misleading, false, or inaccurate information; (vi) your actual or alleged willful misconduct; or (vii) any other party’s access and use of the Services with your unique authentication credentials. The foregoing does not apply to Losses resulting directly from our gross negligence or willful misconduct.
  6. No Warranty. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Limitation of Liability
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES OR COSTS IN AN AMOUNT, IN THE AGGREGATE, EXCEEDING THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100.00, WHICHEVER IS GREATER.

 

  • THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY WHERE THE LIABILITY RESULTS DIRECTLY FROM COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

  • You acknowledge and agree that any claim or cause of action by you or on your behalf arising out of or related to this Agreement or any of the Services must be filed within one (1) year after such claim or cause of action initially arose or such claim or cause of action shall be permanently barred.

You acknowledge and agree that the limitations contained in this Section are an essential element of this Agreement and absent such limitations, Company would not enter into this Agreement or provide Services hereunder.

  1. Governing Law, Venue, and Jury Trial Waiver
    • Governing Law. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Virginia, without regard to the conflict of laws principles of Virginia or any other state that would require the application of the laws of any other jurisdiction other than Virginia.

 

  • You agree that, to the fullest extent permitted by applicable law, the exclusive venue for the resolution of all disputes arising out of or relating to this Agreement or the Services shall be the federal and state courts of Henrico County, Virginia, and you agree to the exclusive personal jurisdiction and venue of those courts for the resolution of all such disputes (each a “Court of Initial proceeding”). Notwithstanding the foregoing sentence, either party may resort to a court of competent jurisdiction to enforce the judgment from a Court of Initial Proceeding.

 

  • Jury Trial Waiver. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
    • This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

  • Notification Procedures. Company may provide notifications to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

 

  • Modifications to Agreement. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should visit our website and review the most current version of this Agreement periodically. When we change the Agreement, we will update the “Last Updated” date at the top of this Agreement, and if the changes are material, we’ll notify you via email or through your account that material changes have been made to the Agreement. Your continued use of the Services after any such change constitutes your acceptance of the updated Agreement. If you do not agree to future updates to the Agreement, you are not authorized to use the Services after the effective date of such updated Agreement. You agree that your sole remedy in the event you do not agree to an updated version of this Agreement is to cease using the Services and terminate this Agreement.
  • Entire Agreement/Severability. This Agreement, together with any additional agreements or terms you enter into with Company in connection with the Services, shall constitute the entire agreement between you and Company concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  • No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  • No Third-Party Beneficiaries. Except for your obligations to persons or entities associated with us (e.g., our affiliates, subcontractors, vendors, Third Parties, etc.) as expressly provided in this Agreement, this Agreement is intended solely for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision be enforced by, any other person or entity.
  • Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  • Please contact us at community@burniesway.com with any questions regarding this Agreement.