Welcome to BGE, Inc., a civil engineering consulting firm based out of Houston, Texas. These Terms of Service (“Terms”) govern your access to and use of our website and any online application offered by BGE, Inc., including but not limited to, SPYGLASS™ (collectively referred to as “Services”). By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

1. Your Account

To use any online applications offered by BGE, Inc., you must create an account with a username and password. You are responsible for keeping your account secure and confidential. You must not share your account credentials with anyone else or use anyone else’s account. You must notify us immediately if you suspect any unauthorized access or use of your account. We are not liable for any loss or damage caused by your failure to protect your account.

2. Your Use of the Services

You agree to use our Services in a lawful, respectful, and appropriate manner. You must not use our Services to:

  • violate any applicable laws, regulations, or ethical standards;
  • infringe or violate the rights of any third party, including intellectual property, privacy, or contractual rights;
  • upload, transmit, or distribute any malicious or harmful software, viruses, or code;
  • interfere with or disrupt the operation, security, or functionality of our Services or any third party services or networks;
  • attempt to access, modify, or reverse engineer any part of our Services that is not intended for your use;
  • impersonate or misrepresent your affiliation with any person or entity;
  • harass, abuse, threaten, defame, or otherwise harm any person or entity;
  • use our Services for any illegal, fraudulent, or unauthorized purpose.

We reserve the right to suspend or terminate your access to our Services at any time, without notice or liability, if we determine that you have violated these Terms or any applicable laws or regulations.

3. Our Intellectual Property Rights

All intellectual property rights in our Services, including but not limited to trademarks, logos, designs, graphics, text, software, and data, are owned by or licensed to us. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or professional purposes, subject to these Terms and any other policies or guidelines we may provide. You must not copy, modify, reproduce, distribute, sell, or otherwise exploit any part of our Services without our prior written consent. You must not remove, obscure, or alter any copyright, trademark, or other proprietary notices that appear on or in our Services.

4. Your Feedback and Suggestions

We welcome and appreciate your feedback and suggestions on how to improve our Services. By submitting any feedback or suggestions to us, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, modify, and incorporate your feedback or suggestions into our Services or any other products or services we may offer without any obligation or compensation to you.

5. Disclaimer of Warranties

Our Services are provided “as is” and “as available,” without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express and/or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, or security. We do not warrant that our Services will meet your requirements, expectations, or needs, or that they will be uninterrupted, error-free, or free of defects. We do not warrant that any results, information, or data obtained from our Services will be accurate, complete, or reliable. You use our Services at your own risk and discretion. You are solely responsible for any damage or loss that may result from your use of our Services, including but not limited to damage to your computer system, data, or business.

6. Limitation of Liability

To the fullest extent permitted by law, we and our affiliates, directors, officers, shareholders, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or any other damages of any kind, arising out of or in connection with your use of our Services, or your inability to use our Services, even if we have been advised of the possibility of such damages. These damages may include but are not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses. In no event will our total liability to you for all damages, losses, and causes of action exceed the amount you have paid us for the use of our Services in the past twelve months, or, if greater, one hundred dollars ($100).

7. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, directors, shareholders, officers, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that arise from or relate to your use of our Services, your violation of these Terms, or your violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent.

8. Dispute Resolution and Governing Law

These Terms and your use of our Services are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or our Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted in Houston, Texas unless you and we agree otherwise. The arbitration will be conducted by a single arbitrator selected pursuant to the AAA and in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, and the award will be final and binding and may be entered in any court having jurisdiction thereof. You and we agree to waive any right to a jury trial or to participate in a class action or representative action with respect to any dispute, claim, or controversy arising out of or relating to these Terms or our Services. You and we agree that any claim or cause of action arising out of or relating to these Terms or our Services must be brought within one year after such claim or cause of action arose, or such claim or cause of action will be forever barred.

9. Changes to These Terms

We may revise and update these Terms from time to time at our sole discretion. We will notify you of any changes by posting the new Terms on our website and indicating the date of the last update. Your continued use of our Services after the effective date of the new Terms will constitute your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Services.

10. Contact Us

If you have any questions, comments, or concerns about these Terms or our Services, please contact us at:

BGE Inc.
10777 Westheimer Suite 400, Houston, TX 77042
Phone: (281) 558-8700
Email: marketing@bgeinc.com

 

Last updated: 04/23/2024