Terms of Use

This page describes the terms and conditions that govern your use of this website (the “Site”), including all information, documents, communications, files, text, graphics and software available through the Site (collectively, the “Materials”) and all services offered through the Site by Birkman International, Inc. (“BI” or “we”), the owner of the Site, or by third parties (the “Services”).

If you choose to access the Site, download any of the Materials or use the Services, you will be agreeing to abide by these Terms of Use. BI may modify, supplement, amend or otherwise change these Terms of Use at any time, and from time to time, and such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site and by continuing to use this Site, you are agreeing to any changes. In addition, we may change, suspend or discontinue any content, feature or aspect of the Site, the Materials or the Services at any time, and from time to time, without notice or liability.

Intellectual Property

All Materials made available on or through the Site, as well as their selection and arrangement, are protected by copyright and owned by BI, unless otherwise credited to the creator of the content. Other aspects of the Materials and Services may be protected by trademark, service mark, patent, and/or other intellectual property laws. Unless otherwise explicitly agreed, the Materials and Services are intended for your personal, non-commercial use and no other express or implied rights to use the Materials and/or Services are agreed to herein. Except as otherwise expressly agreed, you agree not to copy, modify, publish, transmit, participate in the transfer or sale of, or reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials or the Services (including software), in whole or in part. If you download or copy the Materials or Services or other downloadable items offered on the Site, you agree to do so for your personal use only, and agree that you will maintain all copyright and other notices contained therein. Copying or storing any of the Materials or Services for other than personal use is expressly prohibited without prior written permission of BI or the copyright holder identified in the copyright notice contained in the Materials or Services.

Privacy Policy

BI’s Privacy Policy is set forth on the Site and incorporated by reference into these Terms of Use.

User Conduct

In accessing this Site and using the Services and Materials you agree not to: (i) disrupt or interfere with the security of or otherwise cause harm to, the Site, or any Services, Materials, system resources, servers, or networks connected to or accessible through the Site or any affiliated or linked websites; (ii) send unsolicited commercial emails to the email addresses provided on the Site; (iii) upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files; (iv) use or attempt to use another’s account, password, service or system without express authorization from that other person and/or BI; (v) use a false identity or give false information regarding your personal use; or (vi) violate any applicable local, state, national or international law or any regulations having the force of law.

Links

The Services and Materials on this Site may provide links to other websites or resources (“Third Party Sites”). BI has no control over Third Party Sites, even those that may include a BI logo, and does not make any representations or warranties, or accept any responsibility, regarding their content or use. In connection therewith you acknowledge and agree that BI is not responsible for the availability of Third Party Sites and is not responsible or liable for any content, advertising, products, and or other materials on or available from such Third Party Sites. You should direct any concerns regarding a Third Party Site to its site administrator or webmaster. In addition, BI reserves the right to request that you remove any link to the Site. If you link to the Site, the link may not be used in any way that suggests that BI endorses you or your website; or disparages BI or its products or services.

User Registration

Where use of the Site, Services or Materials requires user registration you will be required to provide certain registration information (“User Information”). In providing User Information, you agree to provide accurate and complete information about yourself as required by the appropriate registration form and to maintain and update your User Information in order to keep it current, complete and accurate. You must be thirteen years or older to register for some or all of the Services. You are responsible for maintaining the confidentiality of your account and for all activities carried out using your User Information. You agree to promptly notify BI of any unauthorized activity regarding your User Information or if you suspect that the confidentiality of your User Information has been compromised. BI reserves the right, in its sole and absolute discretion, to terminate or suspend your use of the Site and block access to the Services and Materials, to terminate or suspend your account and to refuse any current or future use of the Services if it believes in good faith that you have failed to comply with the User Registration requirements of these Terms of Use.

Disclaimer of Warranties

In using the Site, the Services and Materials, you acknowledge and agree that: (i) their content is provided on an “as is” and “as available” basis; (ii) their use is at your own risk; (iii) BI disclaims all warranties of any kind whatsoever, express or implied, including, but not limited to the implied warranties of merchantability or fitness for a particular purpose; (iv) BI makes no warranties regarding the accuracy, reliability, quality or availability of any service or products, materials or services made available on the Site; (iv) any damage to your computer or loss of data that results from the use of the Site or Services, or from the download of any Materials will be your sole responsibility; and (v) no advice or information obtained from the Site or its Services, whether written or oral, shall create any warranty not expressly stated. In addition, BI makes no representation or warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free;(c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations; (e) the Site, Materials and Services will be available to you at all times or in all jurisdictions; and (f) any errors in software will be corrected.

Limitation of Liability

BI assumes no liability or responsibility for any errors or omissions in the Site, Services or Materials. BI and affiliates shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages or damages for cost of procurement of substitute products or services, loss of profit, revenue, data, goodwill, or use incurred by you or any third party arising out of, or connected with, your access to, use or inability to use, or delay in use of the Site, the Services or Materials, any defect, omission, error, interruption, or virus or any material products or services obtained through the Site, whether based on contract, tort, negligence, strict liability theories, or otherwise, even if BI or its affiliates have been advised of the possibility of damages.

Miscellaneous

The Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, excluding only its conflict of law provisions. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in Houston, Texas. If a court finds any part of these Terms of Use to be invalid illegal, or unenforceable, it will be requested to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect and be enforceable in accordance with the original language set forth herein. Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in BI’s Privacy Policy, incorporated by reference herein.

If you have any questions regarding these Terms of Use, please contact BI at the following email address: privacy@birkman.com or write to us at:

Birkman International, Inc.
9090 Katy Freeway, Suite 450
Houston, TX 77024
Attention: Director of IP