Terms of Use
Welcome to Optimal Search Group, LLC. Please carefully read the following terms of use policy (the "Policy") as it governs your use of our platform.
1. ACCEPTANCE
By using our platform, you agree to the Terms of Use and Privacy Policy, forming a binding agreement with Optimal Search Group. It is essential to review these terms carefully, as your access to and use of the platform indicate your acknowledgment, understanding, and consent to be bound by them. We may update these terms, but any changes will not apply to disputes arising before the modification. In case of conflict with other fully executed agreements, those terms prevail. Optimal Search Group, not a law firm, advises against use without agreement acceptance.
2. DESCRIPTION OF SERVICE
Optimal Search Group, LLC specializes in talent search, consulting, and fractional leadership services. Our platform provides users with insights, strategies, and trends that enhance their workflows and optimize their business.
3. USER OBLIGATION
When using our platform, you must abide by the following rules and guidelines: - You must not engage in any illegal, abusive, or harmful activities. - You must not violate any applicable laws or regulations. - You must not interfere with the proper functioning of our platform. - You must not attempt to gain unauthorized access to our platform or its systems. - You must not engage in any activity that may disrupt or impair the experience of other users.
4. ELIGIBILITY
By using the Sites, you confirm legal eligibility, ensuring that you are of age. If accessing on behalf of an Organization, you assert authority to bind it to these Terms. The platform is intended for U.S. residents, and usage outside the U.S. is at your own risk, subject to local laws. Optimal Search Group may limit access based on its discretion.
5. INTELLECTUAL PROPERTY RIGHTS
The content and intellectual property available on our platform are owned by Optimal Search Group, LLC. You may not use, modify, distribute, or reproduce any of our content without our prior written consent. By using our platform, you agree to grant Optimal Search Group, LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute any user-generated content you submit through our platform.
6. LICENSE
Compliant with these Terms, Optimal Search Group grants a limited, non-transferable license for personal or business use, including downloading materials. The Sites and associated content are exclusive property protected by law. Usage beyond specified terms is prohibited. Trademarks on the Sites are exclusive property, and no implied license is granted.
7. USER SUBMITTED MATERIALS
The Sites enable you to submit résumés, job-related information, and comments, collectively referred to as "Submitted Materials." While you retain ownership, submitting grants Optimal Search Group a license to use them worldwide. You affirm ownership rights, accuracy, and compliance with laws. Optimal Search Group may screen, remove, or analyze Submitted Materials and disclose information about your Site usage.
8. PRIVACY PRACTICES
Optimal Search Group's platform's privacy practices are outlined in our separate Privacy Policy. By using our platform, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy. Please carefully review our Privacy Policy to understand how we handle your data.
9. FEEDBACK
We do not accept unsolicited Feedback related to the Sites or otherwise. If submitted, you acknowledge that Optimal Search Group is not obligated to review or compensate you. Feedback becomes our intellectual property, and we may use it without restriction. There is no confidentiality obligation, and we reserve the right to pursue legal action for any violations of these terms, including researching security vulnerabilities.
10. RULES OF CONDUCT
Do not post threatening, defamatory, or protected content on the Sites. Do not introduce harmful software or use the Sites for unauthorized commercial or unlawful purposes. Do not interfere with the Sites' operation or violate server/network policies. Prohibited actions include restricting others' use, exploiting the Sites, reverse engineering, removing notices, and unauthorized data retrieval or storage. Specific permissions for public search engines are granted, but misuse may result in revoked access. Do not assist or encourage others in violating these terms.
11. THIRD-PARTY MATERIALS
The Sites may make available or provide links to third-party websites, content, services, or information (“Third-Party Materials”). Optimal Search Group does not control, and is not responsible for, any Third-Party Materials and the availability of, or any links to, any Third-Party Materials on the Sites do not imply endorsement of, or affiliation with, the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
12. GENERAL
These Terms do not establish a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Optimal Search Group. If any term is found unlawful or unenforceable, it won't affect the validity of the remaining terms. You may not transfer your rights without our consent, but we can transfer ours without restrictions. No waiver of breaches will affect future breaches. Headings are for convenience only, and singular terms apply in the plural. The phrase "including" implies "without limitation." These Terms, along with incorporated conditions, constitute the entire agreement, superseding prior agreements. Notices may be via posting, email, or regular mail. Printed versions are admissible in legal proceedings. Optimal Search Group is not liable for obligations beyond its control.
13. ACCOUNT AND PASSWORD
You may need to register for an account to use all or portions of the Sites. We may reject or require that you change any username, password, or other information that you provide to us during registration or once registered. You, and not Optimal Search Group, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Optimal Search Group if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section below.
14. CUSTOMERS
Registration
If you are a business client of Optimal Search Group to whom we provide services (“Customer”), you may register with Optimal Search Group on the Sites. If you are a Customer using the Sites to engage contract talent online, the Terms of Service for Contract Talent state the terms and conditions governing your use of contract talent services, including your use of and access to the Site listed above.
Once registered, you may be able to:
create new job orders;
review and modify existing job orders;
review details for each order, including Candidate Information (as that term is defined in Section 17.1);
update your contact information;
view candidate recommendations;
request to interview and/or engage candidates; and
review and approve time reports for Optimal Search Group candidates currently working on jobs with you.
You agree that you are solely responsible for all activities undertaken within your Customer account, including but not limited to any charges and additional fees incurred for extending or otherwise modifying jobs and creating new job orders.
15. CANDIDATES
15.1 Registration and Interaction
When registering as a candidate ("Candidate") on the Sites, you may choose to enroll in Optimal Search Group offerings like Optimal Search Group Direct. During enrollment, you provide essential information. Optimal Search Group personnel may contact you, assisting with your Candidate profile. You can update criteria, upload your résumé, receive alerts, and communicate with Customers. While Customer-initiated interviews are facilitated on the Sites, further communication occurs outside after mutual acceptance.
15.2 No Guarantee
Optimal Search Group does not ensure job offers through the Sites, disclaims responsibility for third-party job-related matters, and clarifies it is not your employer or agent solely based on site usage. You must assess employers and third-party materials independently.
15.3 Authorization and Certification
You authorize investigations into your work and educational history by Optimal Search Group and Customers. Third-party vendors may conduct inquiries, with additional disclosures as required. You release entities listed in Candidate Information and permit Optimal Search Group to share reference information with Customers. You certify the accuracy of your information and acknowledge that misstatements may impact job opportunities.
15.4 No Charge
Using the Sites as a Candidate is free, and neither Optimal Search Group nor Customers will demand payment.
15.5 Confidentiality
Optimal Search Group may contact you via provided phone numbers and share job opportunities through the email address you provide.
16. DISCLAIMER
The Sites are provided "as is" without any warranties, and Optimal Search Group disclaims all conditions to the fullest extent permissible by law. While efforts are made to maintain the Sites, there is no guarantee of timeliness, completeness, or security. Optimal Search Group is not liable for inaccuracies, errors, or third-party alterations. You acknowledge potential disruptions beyond Optimal Search Group's control and the inherent risks of internet use. Optimal Search Group is not responsible for delays, damage, or unauthorized access, and security measures may not fully protect against breaches. Optimal Search Group is not liable for any unauthorized access, use, or alteration of the Sites or stored data.
17. LIMITATION OF LIABILITY
You agree that Optimal Search Group, its affiliates, and related personnel will not be liable for various types of damages, even if advised in advance. This includes damages related to your use of the Sites or third-party materials. Your exclusive remedy for dissatisfaction is to stop using the Sites, and the maximum aggregate liability of Optimal Search Group is $100. Applicable law may provide additional rights, and certain disclaimers or limitations may not apply based on the extent of such laws.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Optimal Search Group and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites (including any Submitted Materials) or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement without Optimal Search Group's prior written consent. This indemnity obligation shall survive the termination of these Terms.
19. DISPUTE RESOLUTION
Any disputes arising from or relating to this Policy or your use of our platform shall be resolved through arbitration in accordance with the rules of the arbitration board chosen by Optimal Search Group, LLC. The decision of the arbitrators shall be final and binding.
20. CHANGES TO THE POLICY
Optimal Search Group, LLC reserves the right to update or revise this Policy at any time without prior notice. By continuing to use our platform after any changes to this Policy, you agree to be bound by the updated or revised terms.
21. TERMINATION
Optimal Search Group, LLC may, in its sole discretion, terminate or suspend your access to our platform if you violate any provision of this Policy or for any other reason deemed appropriate by Optimal Search Group, LLC. In case of termination, you will no longer have access to your account and any associated data.
Please review and comply with this Policy to ensure a positive and productive experience on our platform. If you have any questions or concerns regarding this Policy, please contact us at Info@optimalsearchgroup.com.
22. NOTICE OF 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 available on the Sites infringe your copyright, you (or your agent) may send to Optimal Search Group a written notice by mail or email, requesting that Optimal Search Group remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Optimal Search Group a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
Optimal Search Group, LLC
Attn: Tony Taveekanjana, Founder & CEO
6933 Delrose Drive Dallas, TX, 75214
Email: tony@optimalsearchgroup.com
Phone: 214-487-3886
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
23. GOVERNING LAW; JURISDICTION
These Terms are governed by, and will be construed in accordance with, the laws of (a) the state where you use or access the Sites; or (b) if a dispute arises relating to (i) your consideration for placement on a job, (ii) your placement on a job, or (iii) your job order, the state in which the job opportunity at issue is located.