Terms & Conditions

Terms of Service

Effective Date: August 31, 2023  

Last Modified: July 2, 2025

BlueForge Alliance, and its subsidiaries and affiliates (collectively, “BFA,” “we,” “our,” and “us”) are responsible for this Website www.buildsubmarines.com (the “Website”).  

Scope of these Terms of Services

In accordance with our Terms of Use, the Website is only for use by people aged 18 or over who are eligible to work in the United States and is for purposes of looking for employment opportunities and posting employment opportunities that are available in the United States.

In all jurisdictions, if you are under the age of majority in your jurisdiction, you must use the Website under the supervision of your parent, legal guardian, or responsible adult even if your age is above the BFA permitted use age for that jurisdiction. 

We adopt a range of measures to try to ensure that no information is knowingly solicited from individuals who do not meet the minimum age or any other applicable age requirements.

If we learn that an individual who does not meet the minimum age requirement has used the Website, Services or provided Personal Data through the Website, we will restrict access to, or close their account, and remove that information from our systems.

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Terms of Service for All Users

The following terms and conditions apply to everyone who accesses or uses any part of the Website or Service, or attempts to do so, or otherwise accepts this Agreement, unless specifically designated in the Exemption section at the conclusion of this Agreement.

When you access or use the Website, you agree to the terms and conditions of this Agreement. You agree that BFA may perform the activities described in this Agreement, and you acknowledge that otherwise the Website cannot work as intended. You agree not to submit or post any commercial communications to the Website. Using the Website for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Website. You agree you have read and acknowledge BFA’s Privacy Notice, which contains BFA’s Cookie Policy. Capitalized terms in the Privacy Notice are incorporated herein by reference.

When You Use Our Website

By using the Website, you acknowledge and agree that BFA collects, records, processes, analyzes, and stores any and all activities you take on the Website, and any and all interactions and communications you have with, on, or through the Website. This includes: which areas of the Website you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Website, the timing of each activity, and time spent on each activity.  

For example, when you search for Jobs on the Website or open an email to or from BFA or an BFA email alias, message another user via BFA Messaging, speak with BFA personnel, or otherwise engage with us or others through the Website, BFA collects, records, processes, analyzes, and stores your activities, interactions and communications. BFA collects this data from everyone using the Website, including users of private browsing mode, “incognito mode,” or similar modes. BFA uses vendors as an extension of the Website to collect, record, process, analyze, and store this data. We use this data for data analysis, quality control, enforcement of the Website’s rules and other BFA policies, and to offer and improve the Website or any other BFA product or service.  

When you use the Website, you are requesting that BFA send data, text, and images that may be stored in temporary or permanent storage in your device. You may delete this data by clearing third-party cookies from your browser and device. For more information on controlling tracking technology, please visit our Privacy Notice. You authorize BFA to make any connections with wires, lines, cables, or instruments, including with communication systems that it may decide to make from time to time in connection with operating the Website. You further authorize BFA to use processes that record or decode dialing, routing, addressing, and signaling information. You acknowledge that the foregoing is necessary to the operation of the Website.

Occasionally, BFA tests improvements and updates to our Website and Services (including for fraud and bot control), which may affect various aspects of the Website such as job applications, profiles, resumes, resume search, job search, recommendations, alerts, or formatting. You agree that BFA may conduct such tests without notice to you. BFA’s services and their availability may differ by location, and you should check the Website in your location to see which services are available to you.

BFA may offer suggestions, recommendations, or information to users that may support or improve their experience on the Website. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. BFA assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Website.

User Content

Some parts of the Website allow users to post content or data such as Job Listings, Resumes, reviews, information, text, images, audio, video, messages, and other materials. This functionality helps users find information and communicate about potential jobs, schools and certifications, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Website, or otherwise provides to BFA, is called “User Content.” User Content includes Job Listings, Resumes, and messages sent through the Website.

BFA is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. BFA does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that BFA has no obligation or liability with regard to publishing, monitoring, or removing User Content. BFA also has no obligation or liability regarding the accuracy of User Content which may be translated on our Website through a translation API, including Google Translate.

If you provide User Content, it must comply with the Website Rules, BFA’s Privacy Policy, and Terms of Service. These rules, policies, and terms include but are not limited to the following: Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Listings under this Agreement. Your User Content must not be harmful to anyone, especially minors.

In order to be eligible for visibility on the Website, job postings must offer open jobs, which may include training opportunities, a detailed and accurate description of the role and be free of vulgar or illicit content, in addition to meeting other criteria outlined in our Job Listing Standards.  

You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier, or any background check information. Posting such identification information on the internet may lead to identity theft for which BFA cannot be responsible. You may not post highly confidential personal information, such as medical or health information, or other categories of Personal Information subject to data breach notification requirements in any country.

BFA may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms of Services or any BFA policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, contact us.  

BFA reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Website; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that BFA may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.

The Services are an interactive computer service. BDA has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Website or services for any or no reason. BFA has no obligation to include any User Content in any part of the Website (for example, Job Listings in search results). Whether any User Content violates any BFA policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on the Website, will always remain within the sole discretion of BFA. You agree that BFA has no liability or obligation to you or anyone else arising from its editorial decisions.

Section 230 of the U.S. Communications Decency Act provides:  

(1) Treatment of publisher or speaker. No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider; and

(2) Civil liability. No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

License to User Content and Feedback

When you provide User Content you grant BFA a license to use it. Specifically, you grant BFA a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the BFA Website or its publishers or third party Websites, maintaining or improving the BFA Website (including without limitation for the purposes of training a model that recommends content to other users), and promoting BFA and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with BFA’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, BFA’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. BFA shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the BFA Website. BFA reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.

Furthermore, you grant to BFA, its affiliates, and sub-licensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any BFA marketing materials containing or incorporating such User Content, or (iii) any actions by BFA to promote or publicize such User Content (e.g., Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from BFA’s exercise of its rights pursuant to the license granted hereunder.

For any comments, submissions or other feedback you may provide to BFA, at its sole discretion, concerning the functionality and performance of the Website or Services, including identification of potential errors and improvements, you acknowledge that BFA will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such information as BFA sees fit, without any obligation or restriction of any kind. There is no obligation for BFA to review feedback, comments or submissions made by you, and there is no obligation to keep any such information confidential.

You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license; (ii) your User Content, and BFA’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person; and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless BFA and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow BFA to locate and remove such User Content on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.

Job Listing Standards  

We work to deliver a seamless Candidate and Employer experience and are committed to job posting standards that support the Candidate.  

Job Listings that do not meet our standards may be subject to review and require additional information from the Employer. Listings that prove misleading, compromise the job seeker experience or those which we are not convinced represent a “real” job may be removed from search results altogether.

Website Rules

When using our Website and Services, you agree to these Website Rules and any other rules or policies posted on the Website. Breaking our rules is a material breach of this Agreement and an unauthorized use of the Website. At BFA’s discretion and without prior notice, BFA may take measures against any user or activity that appears to break the Website Rules. This may involve removing content, restricting or suspending access to products or services, logging the user out of the Website, or disabling the user’s account.

You may not use the Website to:

• Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.

• Provide false information.

• Transmit or store biometric information or biometric identifiers.

• Promote or encourage illegal activity.

• Promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any topics we consider detrimental to our users.

• Send unsolicited commercial messages, or any other unlawful communications.

• Imitate or impersonate another person, or create false accounts.

• Send messages to users who have asked not to be contacted.

• Send text messages or make calls for a purpose not related to hiring for or applying to a Job Listing.

• Sell personal data.

Do not directly or indirectly:

• Access the Website other than through the web interface publicly provided by BFA, access parts of the Website that you do not have permission to access, or otherwise access systems without express authorization.

• Provide any false, fake, or fictitious information.

• Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the Website or any data, program, system, equipment or communication, or that would cause a violation of any applicable law.

• Access any data, especially personal data, by automated means or otherwise, without permission.

• Use the services with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding our services, the appearance of our services, the Website, or any systems.

• Bypass any limitations or suspensions of functionality, including by automated means or otherwise.

• Submit job applications or other User Content in bulk by automated means, other than by automated tools that the Website explicitly offers or that have been otherwise agreed to in writing with BFA.

• Submit job applications or other User Content (including webforms or links in a resume, Your Profile, or application) that is malicious, fraudulent, or spam.

• Interfere with others’ use of the Website.

• Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Website.

• Remove any copyright, trademark or other proprietary rights notices.

We reserve the right to monitor all activity on the Website and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes web forms, links, or attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in BFA’s sole discretion. BFA may use data collected through the Website to make such a determination. BFA reserves the right to interact with users through the Website, including to investigate whether users are violating these Rules. BFA reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.

BFA in its sole discretion may disable your account or restrict your ability to utilize BFA services. Use of any automation, scripting, bots, or other methods or tools to automate any process on BFA or to access BFA services (outside of BFA’s official vendors and tooling) is prohibited. You may not use or misappropriate the Website for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Website, except as expressly permitted by BFA beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of BFA’s rules. Any effort made by an employee, representative or agent of a company or group to bribe an BFA employee for any purpose, including to remove reviews or other user-generated content from BFA or affiliated companies, will result in removal of the company or group from the Website. You agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the Restricted Lists below; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using the Website.

“Restricted Lists” means: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls – List of Debarred Parties; (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; or (e) Bureau of Industry and Security, Department of Commerce, The Entity List.

Accessing External Websites

The Website links to other Websites on the internet that are owned and operated by third parties (“External Websites”), for example Employer Websites. Links to External Websites may be found in User Content available through the Website (for example, Resumes or Job Listings). BFA is not responsible or liable for any External Website, including availability or content. Links to External Websites may be removed at any time. Any concerns regarding an External Website should be directed to the responsible third party.

BFA has no control over what happens on External Websites. If you visit an External Website and complete a transaction outside BFA, you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and their obligations are determined by its privacy policies and terms of service. BFA disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.

BFA may provide you with access to a link on BFA to services or products offered and performed by a third party (“Third-Party Service”). BFA operates solely as a technical conduit. If you choose to use the third-party link and its services or products, you are contracting directly with the Third-Party Service, and BFA is not a party to this contract. Further, you agree to fully indemnify and defend BFA for any claims arising out of your use of a Third-Party Service’s services or product provided to you by a Third-Party Service.

Creating Your Account

To access the Services you must register, provide and verify an email address and other information to create an account. In doing so, you agree to provide information that is true, accurate, current, and complete. You may not create multiple accounts, or create accounts by automated means.

Your Contact Information

As part of the Services, BFA may contact you through your BFA account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to BFA or that BFA may otherwise obtain from third-party sources.

By providing BFA with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered. By providing your phone number through the Service, you expressly consent to receive recurring marketing text messages, job alerts, service updates, and other promotional communications from BFA or our affiliates at the number you provided, including via automated technology such as autodialers or prerecorded messages. Consent is not a condition of user of our Service. Message and data rates may apply. Message frequency may vary. You may opt out of receiving text messages at any time by replying “STOP” to any message you receive. For help, reply: “HELP” or Contact Us.

To stop receiving text messages at any time, reply to the text with STOP or Contact Us. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Texting STOP in response to a BFA SMS alert will unsubscribe you from BFA SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from BFA.

You may also revoke your consent to receive text messages by terminating the Agreement through closing your BFA account. BFA cannot be responsible for third parties to whom you have provided your phone number.

To stop receiving marketing or commercial emails from BFA, or to manage your email preferences, you may do so by updating your email settings on your BFA account. You may also opt out of marketing or commercial emails from BFA by following the unsubscribe link in our messages.

Questions or Complaints

If you have a question or complaint regarding the Website, please email info@blueforgealliance.us or send via mail to 3891 S. Traditions Drive, Bryan, Texas 77807.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Disclaimer of Warranties

The Website may become unavailable in whole or in part at any time without notice. The Website may rely on third parties to provide services to BFA, such as data hosting or processing vendors, and the Website could unexpectedly malfunction or become unavailable as a result.

To the fullest extent permitted by law, BFA disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the BFA search results (including Jobs Listings) or otherwise made available on the Website by BFA or third parties (including User Content), regardless of whether paid for or used for free. BFA disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by BFA for informational purposes only, including without limitation BFA Analytics data such as estimated applies to a particular job posting or organic traffic, salary information, or information that may come from a third party. You acknowledge you are not paying BFA for the aforementioned information. BFA disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). BFA does not guarantee that the Website will always be error free, safe, or secure. BFA further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other Websites or services on the Internet accessed through the Website. Under no circumstances shall BFA be liable to you or any third party on account of your use or misuse of or reliance on the Website. Additionally, under no circumstances shall BFA be liable to you or any third party on account of your use or misuse of or reliance on any third party Website or service you link to from the Website.

BFA further disclaims all liability for any technical malfunction of the Website, including without limitation failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by BFA as a result of technical problems or traffic congestion on the Internet or any third party Website (including without limitation Applicant Tracking Systems or combination thereof), including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Website or Services. Under no circumstances will BFA be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Website, Services, User Content, or third-party applications, Websites, software or content posted on or through the Website or transmitted to users or any interactions between users of the Website or Services, whether online or offline.

BFA reserves the right to limit or terminate any and all Services and/or access to the Website in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, or civil disorder.

Without limiting the foregoing, under no circumstances shall BFA or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including without limitation the following force majeure events: (a) acts of God or natural catastrophes or forces; (b) flood, fire, storm, earthquake, epidemics or pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including without limitation computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) nonperformance of third parties; and (m) other events beyond the control of BFA.

THE WEBSITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE THE WEBSITE AT YOUR OWN RISK. BFA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE WEBSITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, BFA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BFA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY BFA. BFA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL BFA OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF BFA OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF BFA AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID BFA TO USE THE WEBSITE.

If you are a resident of or located in Germany, the limitation of liability as set out above in this section shall be replaced in its entirety by the following:

BFA’s obligation to pay damages shall be limited as follows:

• (a) For damages caused by a breach of a material contractual obligation, BFA shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; BFA shall not be liable for damages caused by a breach of non-material contractual obligations.

• (b) The limitation as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent BFA has assumed a guarantee.

Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by BFA infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 U.S.C. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BFA to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BFA a counter-notice.  

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.  

Notices and counter-notices with respect to the Website should be sent in writing to BFA Copyright Notice, 3891 S. Traditions Drive, Bryan, Texas 77807 or via email to info@blueforgealliance.us subject: “Copyright BFA.”  

Please consult with an attorney before filing a notice or counter-notice. There are penalties for false claims under the DMCA.  

Other Claims of Infringement: For claims of infringement that do not involve a U.S. copyright, please Contact Us.

Reservation of Rights

You understand and acknowledge that BFA or its affiliates, or its or their licensors, owns all right title and interest to the Website and all proprietary rights associated therewith. BFA reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Website, other than your User Content. Any use of materials or descriptions, any derivative use of the Website or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Website or any materials contained therein.

The materials on the Website are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of BFA’s proprietary rights in them.

Intellectual Property Ownership

Title to all intellectual property rights, including without limitation patent, trademark, copyright, design, trade secrets, and rights in (and title to all copies of and all media bearing) the current and any future version or release of the Website or Services, including without limitation features requested and or designed mutually with you, and the program concepts contained in the Website or Services, is retained by BFA or its applicable third-party licensors. For the avoidance of doubt and without limitation, and other than the license granted hereunder to use the Website or Services, there is no transfer of title, proprietary rights, or intellectual property rights to you under this Agreement. Unless specifically stated, in writing, by BFA to the contrary, you have no right to use BFA’s name, trademarks, or any goodwill now or hereafter associated therewith, all of which is the sole property of and will inure exclusively to the benefit of BFA. You will not knowingly use the Website or Services in a manner that violates any third-party intellectual property, contractual or other proprietary rights.  

Miscellaneous

This Agreement constitutes the entire agreement between you and BFA, and supersedes and replaces all prior or contemporaneous representations, understandings, and agreements, written or oral. If the Terms of Service for Candidates or Terms of Service for Employers apply to your use of the Website, those terms shall control in the event of an inconsistency or conflict with these Terms of Service for All Users.

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be unenforceable, it shall be reformed to the extent necessary in order for this Agreement to remain in effect.

This Agreement cannot be modified or amended, except by a document signed by an authorized representative of each party. Your use of our Website through an agency or reseller arrangement does not exempt you from these Agreement terms. Written or phone communication between you and a BFA employee is not a modification or amendment of this Agreement.

Any notices to BFA must be sent to the applicable BFA entity identified above via certified first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages posted to your account interface).

You may not assign or delegate any of your rights or obligations hereunder without BFA’s prior written consent, and any such attempt is void. BFA may freely assign or delegate its rights and obligations hereunder without notice to you. BFA and you are not in a legal partnership, agency relationship, or employment relationship. When BFA provides the Website or any related services to you, it is solely as an information service provider.

BFA does not act as an employment agency by providing the Website or its Services. Except as otherwise agreed to in writing, nothing in the terms should be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationships between us and third parties. Any references to such third parties as “partner” does not indicate that such party has any authority to bind us to any agreements or representations on our behalf without our prior written consent.

Governing Law and Dispute Resolution

This Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States. The courts located in Austin, Texas, United States, shall have exclusive jurisdiction of any disputes.

Despite the application of the law of Travis County and Texas law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.

Terms of Service for Candidates

For purposes of this Terms of Service for Candidates Section, all references to “you” or “your” shall mean you, the individual or organization accessing this Website in your capacity as a Candidate. As a Candidate, you are permitted to use BFA’s Website and its content solely for non-commercial purposes. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Candidates, you agree that the Terms of Service for Candidates will govern.

Job Listings

BFA may make available employment opportunities and other job-related content, including links to third-party websites (“Job Listings”) through the Website’s search results or otherwise through the Website. Searching for Job Listings on the Website is free for Candidates. The Website displays Job Listings based on a combination of relevance, such as search terms, and other information provided and activities conducted on the Website.  

Job Listings are created by Employers, which are subject to the Terms and Service of Employers, but also Job Listings that are provided by third parties over whom BFA exercises no control. You acknowledge and understand that BFA has no control over the content of Job Listings, links to or from Job Listings, or any conditions third parties might impose once a Candidate has submitted an application or left the Website. If you leave the BFA Website and choose to enter a third-party Website, you accept any terms and conditions imposed by that third-party.  

BFA has no obligation to screen any Job Listings, or to include any Job Listings, in its search results or other listings, and may exclude or remove any Job Listings from the Website or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that BFA has no obligation to present you with any or all Job Listings. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any Employer or other user, including the identity of such Employer or other user. BFA assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, or other information submitted by any Employer or other user.

When you initiate a job application on a Website operated by an Employer or its applicant tracking system, BFA may collect certain information about you and any actions taken by you during your visit using automated means, such as through Application Programming Interfaces (API), cookies, pixels and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. BFA has no control over such an Employer or its Website. BFA’s use of, and receipt of information from, any such tracker functionality will be according to this Agreement and BFA’s Privacy Notice.

BFA may provide independent functionality to assist you. For example, BFA may provide search options to help you narrow down Job Listings search results by job type categories, i.e., full-time, part-time, etc., and such categories are created independently and entirely by BFA, and may not directly or accurately reflect the content of the Job Listings.  

BFA may reformat Job Listings so that you may read them more clearly on a mobile phone. The placement of a Job Listing on a dedicated page or Website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. BFA does not guarantee that applying to jobs through a dedicated page or Website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or Website do not contain an exhaustive list of Job Listings, and no inferences can be drawn with respect to Job Listings or Employers that are not displayed on dedicated pages. BFA may also provide functionality to call a telephone number contained in a Job Listing using the phone app on a mobile device. BFA cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Listing you are viewing.

Resume and Profile

By creating or adding information to a profile through the Website or uploading a Resume on the Website (collectively, “Your Profile” or “Candidate Profile”), you are requesting and authorizing BFA to make available Your Profile to Employers subject to the Terms of User for Employers.  

Do not include sensitive or confidential information, such as a background check, credit report, medical or health information, social security number or other identification numbers, in your Candidate Profile that you do not wish to be viewable by employers or others. If BFA discovers or determines that data contained in your Candidate Profile is sensitive or confidential, we may hide that data from employers. We cannot guarantee that this data will not be shown to employers or others.

By creating or adding information to a Candidate Profile or uploading a Resume on the Website, BFA may share with you Job Listings that match the contents of Your Profile, including the preferences you identified, for the primary purpose of connecting you with potential job opportunities and career advancement resources.  

Applying for such Job Listings does not guarantee job interviews or hiring. BFA assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of Job Listings.  

By uploading a Resume on the Website, you agree that BFA may convert your Resume to a different file type. It is your responsibility to review Your Profile and resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or Contact Us to do so. It may take a few days for updates to your account or Your Profile to be reflected. BFA assumes no responsibility and disclaims all liability for Your Profile or other application information you post, send or receive through the Website.

If you upload a Resume you agree that BFA may associate any of this data with your Candidate Profile. Your Candidate Profile consists of information you provide on the Website in the “Create my Profile” section of your account. This includes your Candidate Profile, your uploaded Resume, and any information that you choose to provide on the Website, such as your desired job title, job types, location preferences, work schedule, qualifications, preferences, whether you are ready to work, and other information.

BFA assumes no responsibility and disclaims all liability for Your Profile, your information, or application information that you share with Employers. Any information you submit through the Website, including information in Your Profile, is subject to this Agreement and to BFA’s Privacy Notice.

Communications and Other Actions on the Website

When you view, send, store or receive communications or materials (including Job Listings, resumes, messages, emails, applications, questions and responses in applications, interview or other voice recordings or transcripts, and any other information) to, on or through the Website, you agree to your activities, communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Websites’ rules and other BFA policies, content moderation, and to improve the Website or any other BFA product or service. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models.  

When an Employer views, sends, stores or receives communications or materials to, on or through the Website, BFA may inform you about such actions. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. BFA disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

BFA may enable in-app messaging services (“BFA Messaging”), email relay, and/or call relay services through the Website directly to help facilitate contact between Employers and Candidates about a Job Listing. BFA may also enable you and/or Employers to connect with each other on BFA Messaging. You understand that communicating through BFA Messaging and/or other communication options on or through the Website shall be limited to the purpose of applying for a Job Listing. BFA reserves the right, in its sole discretion, to turn off or disable BFA Messaging or other communication options for any Employer or Candidate at any time without prior notice and for any or no reason. Please note that since relay services depend on the functionality of third-party providers, there may be technical delays and other errors on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive communications, such as text messages, emails or calls. We also do not guarantee that BFA’s integrations with these third-party providers or interface will be error-free. Further, we do not guarantee that communications sent to or through BFA Messaging will be delivered, received, accessed, read or acted upon. However, BFA may alert you when any of the above events occur. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

BFA may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that BFA is not responsible or liable for the manner in which the Employer uses the info. When you or an Employer send a message to a BFA provided alias, BFA and its vendors will process the message to offer you services, display your message on the Website, and for other purposes as provided in this Agreement. You agree that BFA is not responsible or liable for the content of any message or call from you or Employers. You further agree that BFA is not responsible or liable for the manner in which you or Employers use BFA Messaging or other communication options.

Termination 

BFA may cancel all or part of Career Services or we may suspend your access to the Services at our sole discretion, at any time, with or without prior notice. If you wish to terminate your use of the Services, you may do so at any time. BFA may also, in its sole discretion, refuse to offer the Services to anyone, without providing a reason.

Salary and Other Information Provided by BFA

BFA may provide salary and other information and content to users for informational purposes only. This information provided by BFA is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on the Website are approximations based on different criteria. These figures are given to BFA for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction. BFA defers to the Employer for actual salary figures. Please contact the Employer for the most accurate information.

Your Candidate Data

As a Candidate, you take a variety of actions on our Website and you provide various information. By using the Website, you acknowledge and agree that BFA collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Website, and any and all interactions and communications you have with, on, or through the Website.

You agree that any data contained in or associated with Your Profile may be used to suggest jobs to you and to suggest you or your Profile to Employers that might be interested in a person who matches your behavior on the Website. You also agree that BFA may contact you based on this observed behavior or provided info on behalf of Employers or BFA itself. Please note, the aforementioned actions do not include information sent to you by a third party. In addition, BFA may share all of the aforementioned information about yourself with third-party Employers. When you make changes to your Candidate Profile, including, but not limited to, updating, deleting, or changing settings, it may take a few days for the changes to be reflected.

Please note that BFA may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that BFA may receive legal process from courts or law enforcement to reveal user data, including Your Information, as further discussed in the Privacy Notice.

Please also note that some Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability and/or veteran status along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying to jobs on BFA. That is a separate process from BFA’s collection of demographic data, and BFA is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their Privacy Notice.

Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Website (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A. Each of the parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.  

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Website or these terms of service, if you are located in the United States.

Class Action Waiver

By using the Website or any the Services offered by BFA, you acknowledge that BFA can only offer you these Services under the terms and conditions as presented herein. As partial consideration for your use of the Website and the Services, you agree not to sue BFA as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against BFA regarding your use of the Website or the Services. Additionally, as a Candidate, you acknowledge that your use of Services is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Website and the Services. If you do not agree to any part of these terms, do not continue your use of the Website. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Governing Law and Dispute Resolution Section above.

Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Website as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Terms of Service of All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.

For purposes of this Terms of Service for Employers Section of the BFA General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Website in your capacity as an Employer or other user as described above.

Employer Accounts

When you create a BFA account, or post job listings advertising employment opportunities and other job-related contents, including links to third-party Websites (“Job Listings” or “Job Listings”) on the Website, whether as part of the BFA Ads Program or otherwise, you agree that this Agreement, the terms associated with any BFA service you are using, and all of BFA’s policies, including the Privacy Notice, which includes the Cookie Policy, apply to you.  

When you create a BFA account, BFA may require that you verify your identity. You may be presented with different options for verification, including verification via a third party service. When using Third Party Verification Services, you will be providing your information to our Third Party Verification Services, and engaging with them directly. You agree that any such Third Party Verification Services provider, and not BFA, is solely responsible for any collection, use, storage, processing, or loss of data you provide to them, and any legal obligations related to such activities, including the capture or storage of any biometric identification or biometric identifiers. BFA does not collect any biometric information or biometric identifiers, or receive any biometric information or biometric identifiers from the Third Party Verification Services.

When you access or use the Website in your capacity as an employee or other representative of an Employer, or if you create a BFA account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide BFA through the account, such as the actions you take and when you take them, will be visible to the Employer. As part of this account, you may have an individual profile (“Employer Profile”).  

As an Employer, your account is for business use and not for personal use. BFA is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a BFA account, you agree to receive mandatory email updates regarding account activity to your BFA account. If you attempt to send an email from a name or email address that is not true, accurate, current, or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. Employers may request that BFA disable an account at any time by the means set forth in the Contact Us Section. Please note that BFA may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete their Personal Data held by BFA, they should follow the steps listed in the “Your Privacy Rights” section of the Privacy Notice.  

You agree that BFA may send notices to Candidates informing them that an Employer account has been compromised, including if such account is associated with you. BFA cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that BFA bears no responsibility for doing so. BFA makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

BFA may offer suggestions, recommendations, or information to users that may support or improve their experience on the Website. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Website and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. BFA assumes no responsibility and disclaims all liability for any actions you take based on any information provided by BFA. BFA may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however, BFA is not responsible for, and you are solely responsible for, compliance with minimum wage, local language and other legal requirements.

BFA may offer you the ability to delete Candidate and application information stored in your dashboard. If you delete this candidate and application information, you acknowledge that you will no longer be able to access it through the Services and that the deletion cannot be undone. You agree that BFA is not responsible for maintaining or storing employment records, job application materials or data on your behalf, and that you are responsible for your own compliance with any applicable record retention requirements or other applicable law.

Information Provided by BFA

BFA may provide some information and content to users for informational purposes only. All such figures provided by BFA are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy.  

Please note that all salary figures are approximations based upon multiple third-party submissions to BFA, including from BFA affiliates. These figures are given to BFA users for the purpose of generalized comparison only. BFA may also provide data regarding impressions in relation to your Job Listing. Such figures are provided for informational purposes only, are subject to change at any time, and BFA does not guarantee their accuracy. BFA reserves the right to change the method of measuring such figures at any time.

Communication through the Website

You may receive notifications via BFA Messaging or email corresponding with your activity or use or a Candidate’s activity on or use of the Website, or any other communications service, product, or feature provided on or through the Website. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them.  

Further, if you post a Job Listing on the Website, any notifications or messaging you may receive via BFA Messaging are provided solely as a courtesy to you. BFA disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

BFA may enable BFA Messaging through our Website directly or through vendors to help facilitate contact between Employers and Candidates about a Job Listing. BFA may also enable Employers and/or Candidates to connect with each other on BFA Messaging via third-party providers. Candidates may be notified of messages you send on BFA Messaging by multiple mechanisms, including within the Services or email depending on the Candidate’s choice and our discretion. You understand that communicating through such BFA Messaging and/or other communication options on or through the Website shall be limited to the purpose of hiring for a Job Listing. BFA reserves the right to turn on or enable BFA Messaging and/or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Candidates that BFA Messaging or other communication options are available for a particular job or Employer. BFA may, in its sole discretion, turn off or disable BFA Messaging for any Employer or Candidate at any time without prior notice and for any or no reason. BFA does not guarantee that communications sent to or through BFA Messaging will be delivered, received, accessed, read or acted upon. However, BFA may alert you when any of the above events occur. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

BFA’s messaging system is not intended for sending one message to multiple Candidates. You agree to not use BFA’s messaging services to send bulk messages, unless specifically authorized in the BFA interface. You agree to not circumvent this limitation through using your email client for this purpose, for example by sending email messages through your email client (e.g., your Gmail or third party email provider) to multiple BFA aliased email addresses. You agree that any email that you address to more than one Candidate on the To, CC, or BCC line is separated into different emails and conversations by Candidate; you will see Candidate responses in their own email threads and their own conversations on BFA Messaging. If a user sends an email to multiple recipients, e.g., by adding additional aliased email addresses to the cc field in a third party email client, this may affect the way messages on the Website are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you are communicating may be able to see your email address, rather than the alias.

If you, or anyone on your behalf, view, store, send or receive communication or materials, (including messages, text messages, chats, emails, interview or other voice recordings or transcripts, and any other information) to, on or through the Website, you agree to the communication or material being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Websites’ rules and other BFA policies, content moderation, and to improve the Website or any other BFA product or service. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. If you disagree with any part of these terms, do not use the Website.

Class Action Waiver

By using the Website and in return for the services offered by BFA, you acknowledge that BFA can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Website and these services, you agree not to sue BFA as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against BFA regarding your use of the Website. If you do not agree to any part of these terms, do not continue your use of the Website. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the Governing Law and Dispute Resolution Section above.

Indemnification

You shall indemnify, defend and hold harmless BFA, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Website or any of the Services; (c) your loss of, or disclosure of, information gained from using the Website or any BFA product, program, or service; (d) your violation of any applicable laws or regulations, including without limitation the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that BFA as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate; or (h) the activities of any third-party service provider you engage to assist you with activities related to your use of Website or Services, such as, without limitation, to facilitate your sourcing activities or track the conversion rates of Candidate through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Website or any BFA product, program, or service.

Digital Services Act (“DSA”)

This Digital Services Act (“DSA”) Section applies to users located in the EU only, and does not apply to users located elsewhere. In the event of any conflict with any other part of this Agreement, this Digital Services Act (“DSA”) Section will control.

Recommender Systems

BFA uses the following information to display Job Listings in recommender systems (as defined under the DSA) and to determine the relevant prominence of Job Listings within such recommender systems: information directly provided to BFA such as profile information and resume, prior activity on the Website, search terms and/or search location (“Main Parameters”). Prior activity on the Website means actions that you have taken on the Website, for example, previous searches, jobs that you have clicked on, jobs that you have applied to, job alert emails that you have subscribed to and companies/roles in which you have expressed an interest. You can modify your search terms to modify or influence the search results you see.

The Main Parameters are used by BFA to target Candidates with Job Listings that are most suitable for them, based on information available to BFA. The appearance of a Job Listing on your job search results page is not a guarantee that the Job Listing is suitable for you.  

In the job search results page, the most significant criteria in determining the Job Listings suggested to the Candidate is the search terms. We place great significance on this parameter in order to surface the Job Listings that are most relevant for the Candidate, i.e., those that a Candidate is most likely to click on or apply. For all other Job Listing recommendations on the Website, the criteria determining the Job Listings suggested to Candidates are equally significant. 

Commercial Communication

In accordance with these Terms, commercial communications are prohibited on our Website.  

DSA “Advertisements”

All Job Listings are considered advertisements based on the ordinary meaning of that word. However, within the EU, the DSA states that information is an “advertisement” where it is “presented by an online platform on its online interface against remuneration specifically for promoting that information.” Therefore, as BFA does not receive any monetary remuneration for free Job Listings, they do not constitute “advertisements” within the EU under the DSA. Within the EU, when BFA receives remuneration specifically for promoting information, we include prominent markings identifying that information as an “advertisement.” 

Employers cannot choose the main parameters BFA uses to determine the recipient to whom a Sponsored Job is presented. Sponsored Jobs are presented to Candidates based on the Main Parameters set out above, and the ad transparency information in each Sponsored Job reflects this. 

If you are an Employer, you confirm that all information you have provided to BFA is accurate and complete and you agree to the publication of the employer and company name on the Website, as required by law. Within the EU, Employers shall not post a job with a confidential or generic company name.

Identifying and Removing Fraudulent Accounts

BFA uses automatic and manual means to identify and remove fraudulent accounts from the Website. BFA implements rules to automatically flag potentially risky accounts for review by its moderators, and proactively uses various tools and subject matter expertise to manually identify accounts that the automatic system may miss. 

Users can also proactively identify and report potentially fraudulent accounts and all other user-generated content on the platform, including job posts, company page content, and messages. These reports are reviewed by trained moderators.

Moderating User-Generated Content

BFA also uses automatic and manual means to moderate user-generated content on the Website, including implementing rules to automatically flag content that may not meet the standards set out in these Terms of Service. BFA also reviews user-generated content for compliance with its policies and these Terms of Service. Additionally, users can report content they deem problematic by using the information in the Contact Us Section.  

Complaints Procedure

If you are unhappy with a decision taken by BFA in response to a notice of illegal content submitted by you or a decision taken by BFA to restrict, remove or disable access to your content; to suspend or terminate the provision of service to you; or to suspend or terminate your account, you may submit a complaint within six months. The six-month period begins on the day you are informed of the decision you are submitting a complaint about. BFA requires you to include the following information in your complaint form: your email address, your reference number, and the specific reasons for your complaint, including why you disagree with BFA’s decision.  

Misuse

BFA may disable a user’s account, restrict a user’s ability to use all or parts of the Website, or take other action on a user’s account if the user engages in misuse of the Website. Misuse includes, but is not limited to, submitting unfounded reports of illegal content, submitting unfounded complaints, or posting illegal content. BFA reviews instances of misuse on a case-by-case basis and considers the facts and circumstances of the misuse, including but not limited to the number of instances of misuse, the frequency of the misuse, and the gravity of the misuse.
Further terms and conditions regarding moderation of User Content are set out in the Terms of Service for All Users above.

UK Online Safety Act (“OSA”)

This UK Online Safety Act (“OSA”) Section pertains to BFA’s operations in the United Kingdom only, and does not apply to users located elsewhere. In the event of any conflict with any other part of this Agreement, this UK Online Safety Act (“OSA”) Section will control.

The Minimization of Illegal Content on BFA

BFA utilizes a number of internal tools, policies, and highly trained moderators and contractors that work tirelessly to identify and prevent illegal content on the platform. While BFA is dedicated to independently mitigating illegal content on the platform, additional attention is given to illegal harms as defined by the OSA, including, but not limited to: terrorist content; hate content; and child sexual exploitation and abuse (CSEA) content.

Reports of Illegal Content and Resolution of Complaints

Users are able to report content that they may believe to be illegal or against BFA’s policies by using the information in the Contact Us Section. All complaints or reports submitted via this channel are reviewed and responded to within seventy-two (72) business hours.

Proactive Technology for Illegal Content Detection

BFA also uses automatic and manual means to moderate user-generated content on the Website, including implementing rules to automatically flag content that may not meet the standards set out in these Terms of Service. BFA also proactively reviews user-generated content for compliance with its policies and these Terms of Service. Additionally, users can report content they deem problematic by using the information in the Contact Us Section.  

Exemption

Notwithstanding any provision in this Agreement to the contrary, the U.S. Department of Defense (“DoD”), including its constituent offices, agencies, and instrumentalities, accepts and accesses the Website solely in its sovereign capacity and, by operation of federal law, is exempt from, and shall not be deemed to have agreed to or be bound by, any clause herein that (i) purports to submit the DoD to the governing law, venue, or jurisdiction of any state court, foreign court, or non-federal body; (ii) requires the DoD to provide indemnification, defense, insurance, or “hold harmless” protections to any party; (iii) imposes any limitation of liability, remedy, or warranty disclaimer that conflicts with, diminishes, or otherwise alters the United States’ rights or remedies under applicable federal statutes or regulations; (iv) mandates the payment of any fee, penalty, or liquidated damages not expressly authorized by federal procurement regulations; (v) restricts the DoD’s ability to use, reproduce, display, distribute, or create derivative works from any data, content, or materials in a manner contrary to 48 C.F.R. § 12.212, 48 C.F.R. § 227.7202-3, or DFARS 252.227-7015; (vi) requires binding arbitration or alternative dispute resolution other than that to which the United States has expressly consented pursuant to statute; or (vii) conflicts in any respect with federal law, including but not limited to the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Federal Acquisition Regulation (“FAR”), or the Defense Federal Acquisition Regulation Supplement (“DFARS”).

Contact Us

If you have any comments, questions or suggestions, please email info@blueforgealliance.us or send via mail to 3891 S. Traditions Drive, Bryan, Texas 77807. If you wish to access, correct or update your Personal Data, or if you have questions about BFA’s privacy practices in general or a complaint, please email info@blueforgealliance.us.