Terms and Conditions of Use

Version 1.3
Last Revised: March 1, 2018

Welcome to the Terms and Conditions of Use ("Terms of Use") for bxgi.com Web site and services. These Terms of Use describe the terms and conditions under which BXGI, its subsidiaries, affiliates, officers, directors, and shareholders (hereinafter referred to as "Web Site Owner") permits third-party clients of Web Site Owner, or any other individuals or entities accessing this Web site ("you" or "Organization") use of this Web site or any of the services related thereto.

Please read these Terms of Use carefully. If you do not accept these Terms of Use, do not use the bxgi.com Web site and services. By using this Web site or any of its services, you are indicating your acceptance of these Terms of Use.

You may contact us at info@bxgi.com for more information. Web Site Owner may revise these Terms of Use at any time by posting the amended terms and/or conditions on this Web site. Any such amended terms and/or conditions shall automatically be effective when they are posted on this Web site. You should review these Terms of Use periodically because they are binding on you when you are accessing or using this Web site or any of its services.

1. Eligibility for Membership

This Web site and the associated services are available only to entities that can form legally binding contracts under applicable law. As a condition for use of this Web site and the associated services, Organization may be required to provide Web Site Owner with a Federal tax identification number, Dun & Bradstreet identification number, and/or any additional information requested by Web Site Owner. Further, Organization may be required to enter into additional agreements with Web Site Owner, including without limitation an agreement regarding fees to be paid by Organization for use of Web Site Owner's services. If you do not qualify, please do not use our Web site or services. Web Site Owner may refuse access to our Web site or services to anyone at any time, in its sole discretion.

2. Use of Material

Web Site Owner grants you a limited license to view and temporarily download a single copy of the materials (including but not limited to documents, text, logos, HTML code, graphics, button icons, sounds, audio clips, images, software and other items) that are made available by Web Site Owner on this site (the "Materials") solely for your personal, non-commercial use. Accordingly, this license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Web Site Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Web Site Owner and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Web Site Owner's name or trademarks without the express written consent of Web Site Owner. Any unauthorized use terminates the permission or license granted by Web Site Owner. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Web Site Owner so long as the link does not portray Web Site Owner, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

You are responsible for all charges (e.g., telephone) associated with connecting to Web Site Owner's Internet services through an access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access Web Site Owner's Web site(s).

All Materials included on this site are the property of Web Site Owner or its content suppliers and/or service providers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Materials on this site and all software used on this site is the property of Web Site Owner or its content suppliers and/or service providers and protected by U.S. and international copyright laws. Other than temporary downloads as necessary to access this site (which will only be stored as long as is necessary for such access), the Materials on this site may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed or otherwise used without the express written permission of Web Site Owner. The use of the Materials on any other Web site or in a networked computer environment is prohibited.

BXGI, and BXGI.COM, together with their respective logos and designs, and various combinations of the above, as well as other marks indicated on our site are Web Site Owner's registered trademarks or are otherwise the trademarks of Web Site Owner or its subsidiaries, in the United States and other countries. Other Web Site Owner graphics, logos, page headers, button icons, scripts, service names and service marks are trademarks or trade dress of Web Site Owner or its subsidiaries. Web Site Owner's trademarks and trade dress may not be used in connection with any product or service that is not Web Site Owner's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Web Site Owner. All other trademarks not owned by Web Site Owner or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Web Site Owner or its subsidiaries.

IN ADDITION TO VIOLATING THESE TERMS OF USE, UNAUTHORIZED USE OF THE MATERIALS MAY ALSO VIOLATE COPYRIGHT, TRADEMARK, PATENT AND OTHER LAWS.

Copyright Complaints

Web Site Owner and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Web Site Owner in writing.

Infringement Policy

Web Site Owner, pursuant to 17 U.S.C. §512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether other material or activity is ultimately determined to be infringing. Web Site Owner accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. §512(c), Web Site Owner has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Web Site Owner in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By Email: info@bxgi.com

In addition, any written notice regarding any defamatory or infringing activity, whether a copyright, patent, trademark or other proprietary right must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address telephone number, and/or electronic mail address.

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

All trade and service marks contained on this Web site are the property of their respective owners and may not be used without the express consent of the owner of the respective trademark.

3. Permitted Use of Web Site

This Web site and the Materials included on this site (collectively, the "Site") may be used only for lawful purposes by individuals seeking employment and career information and entities, such as Organization, seeking candidates for employment. You represent, warrant, and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use. It is Organization's responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior, express written permission from Web Site Owner for any uses not permitted or not expressly specified in these Terms of Use.

4. Prohibited Uses of Web Site

In connection with your use of the Site, you will not:

A. Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.

B. Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may invade another's right of privacy or publicity.

C. Impersonate any person or entity, including without limitation a Web Site Owner employee or agent, an authorized user of the Site, a job applicant, or an employer, or otherwise misrepresent your affiliation with any person or entity.

D. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).

E. Delete or modify any material posted by any other person or entity.

F. Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment.

G. Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals or entities.

H. Register an email address that you do not own or do not have the express permission of the owner to register.

I. Violate or attempt to violate the security or integrity of the Site, including, without limitation:

J. Accessing data not intended for Organization or logging into a server or account which Organization is not authorized to access;

K. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

L. Attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing";

M. Disclosing or sharing your password to/with any third parties or using your password for any unauthorized purpose;

N. Attempting to decipher, decompile, disassemble or reverse engineer any of the content or software comprising or in any way making up a part of the Site;

O. Sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or

P. Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of Site, system or network security may result in civil or criminal liability. Web Site Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. User Information

When you register to use the Site, or when you sign up to use certain services, participate in an employment exchange, enter into a contest or promotion, or complete a survey for internal research, Web Site Owner collects some personal information. Information that may be collected includes name, address, e-mail address, telephone number, and, in the event you are submitting payment for a product or service, credit card number. In addition to and without limiting in any way, the terms and conditions of any privacy policy on this Site, you understand and agree that Web Site Owner and its affiliates and agents may access, use, and store this information indefinitely and may collect and process the information in one or more databases maintained directly or indirectly by Web Site Owner. In addition, you understand and agree that Web Site Owner may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application as well as other aggregate information collected about users of this Site, including without limitation the pages users visit most frequently, the services users access the most, and the links to Web Site Owner's partners that users most often visit. Web Site Owner will not knowingly disclose to any third party your name, address, e-mail address, telephone number, or credit card number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant or where Web Site Owner believes in good faith that the law requires such disclosure. Web Site Owner uses its best efforts to protect your personal information. However, you understand and agree that Web Site Owner is not responsible or liable for the acquisition of your personal information by third parties without Web Site Owner's knowledge and Web Site Owner has no control over anything that occurs on servers not controlled by Web Site Owner. Web Site Owner reserves the right to offer third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter; any such offers will be made directly by Web Site Owner and offers sent by Web Site Owner to your e-mail address may contain advertisements. Please see the Privacy Statement on this Site for further details regarding your information.

6. User Communications

You understand and agree that in the event you communicate any information, feedback, data, questions, comments, suggestions or other items to Web Site Owner regarding Web Site Owner, the Site, or the services offered on the Site, any such communication shall be deemed not to be confidential and shall become the property of Web Site Owner, and Web Site Owner shall be free to reproduce, use, disclose and distribute such communication to others, without limitation. You further understand and agree that Web Site Owner shall also have the unrestricted right to use any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained in your communication in any manner and for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products or providing services.

7. User Submissions

As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. Web Site Owner does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by any user or endorse any opinions expressed by any user. You acknowledge that any reliance on material posted by other users will be at your own risk.

Web Site Owner has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by any user. If notified by a user of communications that allegedly do not conform to these Terms of Use, Web Site Owner may, but is not obligated to, investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Web Site Owner is not liable or responsible to any user for performance or nonperformance of such activities. Web Site Owner reserves the right to, but is not obligated to, expel any user and prevent their further access to the Site for violating these Terms of Use or any law, and the right to remove communications which are abusive, illegal, or disruptive.

You understand and agree that by submitting Content to any public area of the Site, including any message boards, forums, contests and chat rooms, you grant Web Site Owner and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such Content for personal use.

You understand and agree that by submitting information to Web Site Owner in the form of audio, video, or photographs, whether submitted via the Site or otherwise, such information may be published or distributed by Web Site Owner to registered users of the Site and will be searchable and viewable by such registered users. Web Site Owner uses its best efforts to grant access to this information only to such registered users. However, you understand and agree that Web Site Owner is not responsible or liable if some other third party evades security measures and gains access to such information. Web Site Owner will cease publishing, distributing, or making available your information to registered users upon receipt of a written request from you. You understand and agree, however, that registered users who have access to such information may have retained a copy of the information in their own files or databases. Web Site Owner is not responsible for the retention, use, or privacy of your information in such instances.

8. Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration or password, whether or not authorized by you. You agree to immediately notify Web Site Owner of any unauthorized use of your registration or password.

9. No Liability

The Site and the Materials may contain inaccuracies or typographical errors. Web Site Owner makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Materials, and use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time by Web Site Owner.

10. Third-Party Products

This site may contain third-party products and services. The mention of third parties and/or inclusion of their respective products or services is neither a recommendation nor an endorsement of such third parties or their products. All third-party products must be ordered directly from such third parties or their representatives and all licenses and warranties relating to such third-party products, if any, are between you and such third party. Web site owner and its content suppliers and service providers are not responsible for the contents of any third-party product or service and makes no representations or warranties, express or implied, regarding the contents or accuracy of materials or data contained in any such third-party products or services.

11. Links to Third-Party Sites

This site contains links to third-party web sites. These links are provided solely as a convenience to you and the inclusion of any such link to a third-party site does not imply endorsement by web site owner of such third-party site or the contents thereof. Web site owner is not responsible for the contents of any linked third-party site or any link contained in such linked third-party site, and makes no representations or warranties, express or implied, regarding the contents or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.

12. Disclaimer and Limitation of Liability

You assume all responsibility and risk for your use of this site and the internet generally. This site and the information provided on it are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by web site owner, its affiliates or their respective employees shall modify the foregoing or create any warranty. Web site owner and its content suppliers and service providers expressly disclaim any warranty that the information on this system or on the internet generally will be uninterruptible or error free or that any information, software or other materials accessible from the system is free of viruses or other harmful components. You shall have absolutely no recourse against web site owner and its content suppliers and service providers for any alleged or actual infringement of any proprietary rights you may have in anything you post on this site. Web site owner makes no warranties whatsoever that you will hire any employees via this site, nor any warranties about (and takes no responsibility for) any employees you may hire.

Web site owner and its content suppliers and service providers do not assume any legal liability or responsibility for the accuracy, completeness, reliability, timeliness, truthfulness, or usefulness of any information, data, apparatus, product, software or process used or disclosed on this site or any other materials accessible from the site. In no event shall web site owner and its content suppliers and service providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use it (or any linked sites), or for any information, software, products and services obtained through this site, or otherwise arising out of the use of this site, the internet generally or on any other basis (whether based on contract, tort, strict liability or otherwise), even if web site owner has been advised of the possibility of damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then web site owner's maximum liability to you for any type of damages for all claims arising from the use of the site or the materials shall be limited to U.S. $100.00.

13. Termination

Web Site Owner reserves the right, at its sole discretion, to pursue all of its legal remedies, including without limitation, deletion of your profile from this Site or immediate termination of your registration with or ability to access the Site and/or any other service provided to you by Web Site Owner, upon any breach by you of these Terms of Use or if Web Site Owner is unable to verify or authenticate any information you submit to this Site.

14. Indemnity

User agrees to defend, indemnify, and hold harmless Web Site Owner, its content suppliers and service providers, and its and their officers, directors, employees, agents, and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Materials or your breach of these Terms of Use. Web Site Owner shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

15. General

Web Site Owner and its content suppliers and service providers make no representation that the Site or the Materials are appropriate or available for use in other jurisdictions, and access to them from jurisdictions where its contents are illegal or prohibited. Those who choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Site or the Materials shall be governed by the substantive laws of the State of California, U.S.A., without giving effect to any principles of conflicts of laws, and without reference to the 1980 United Nations Convention On The International Sale Of Goods. User and Web Site Owner hereby consent to the exclusive jurisdiction and venue for any action or dispute arising under these Terms of Use in the state or federal courts located in San Mateo County, U.S.A. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," software license, or additional terms of use on particular pages or services on the Site or linked to the site, to which you agree to be bound, these Terms of Use constitute the entire agreement between you and Web Site Owner with respect to the use of the Site. No changes to these Terms of Use shall be made except by a revised posting on this page. Except as expressly provided herein, nothing in the Materials or on this Site confers or is to be construed as conferring, whether by implication, or otherwise, any license or right under any patent, copyright, trademark or other right of Web Site Owner or any third party. Any and all rights not expressly granted herein are reserved by Web Site Owner.