Thank you for visiting our website(s) (the “Site”), which are owned and provided by Optim Recruiting, LLC (“Optim” or “we” or “us”). Your use and access of the Site and the services offered through the Site is governed by and subject to the following terms and conditions (the “Terms”). If you do not agree to these Terms, or if you do not agree with our Privacy Policy found at optimcareers.com/privacy, which is incorporated herein by reference, please do not use the Site or any services offered through the Site.

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE AND THE SERVICES AND CONTENT AVAILABLE THEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

Eligibility

By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation or other entity which you are associated with “Organization,” then you are agreeing to these Terms on behalf of yourself and such Organization. You represent and warrant that you have the legal authority to bind such organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.

Services Provided

“Services” collectively include the “Website” (meaning www.optimcareers.com including all webpages, subdomains, or affiliated websites), emails, newsletters, other communications, user accounts, job application services, resume services, content, and any other products or services offered by Optim. “Content” means any and all text, articles, images, videos, graphics, software, audio, music, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, questions, answers, or other content, whether created or posted by you, Optim, a third party, or any other user.

Access to certain portions of our Site are restricted to registered users of our Services. As part of our registration process, you must provide us with certain information. We need this information so that we can verify your identity, and make full use of the Services we provide through the Site. Additionally, you must be required to provide credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email, and/or street address, and other personally identifiable information (“Personal Information”), which will be maintained and used by us as permitted by these Terms.

Accounts

While you are not required to provide your personal information to us, unless you create an account with us and give us certain personal information, we may not be able to provide you with access to, or use of, some of the Services. If you choose not to create or continue to maintain an Optim Account, you may still access certain features as a visitor to our Website. Your access and use of the Services, whether as a visitor or as an Optim Account holder, is subject to these Terms.

User Submitted Materials

The Sites include functionality to enable you to upload your resume and /or other employment and career-related information, and may also enable you to submit comments and materials through interactive features such as video interviews, chat, commenting and other messaging functionality (all such resumes, information, comments, and material are “Submitted Materials”). You retain ownership of your Submitted Materials. You hereby grant Optim a royalty-free, non-exclusive, irrevocable, transferable, and fully sublicensable license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes).

In addition, if you provide us with any ideas, proposals, suggestions or other materials “Feedback,” whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Optim under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant licenses granted in this section and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of authorship or integrity of materials regarding each Submission that you may have under any applicable law.

Opitm may, but has no obligation to, screen, monitor, evaluate, and remove any Submitted Materials at any time for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose. Certain information you provide to Optim through the Sites may also be governed by our Privacy Policy.

Site Uptime

We take all reasonable steps to ensure the website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime. This website may be temporarily unavailable due to issues such as system failure, maintenance, or repair for reasons beyond our control. Where possible, we will attempt to give our visitors advance warning of issues, but shall not be obliged to do so.

Registration and Security

You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering or completing any form/video/upload. When you login, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account or Subscription, as that term is defined below, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account or Subscription (for example, your password has been lost or stolen, someone has attempted to use the Services through your account or Subscription has without your consent or your account or Subscription has been accessed without your permission). We strongly recommend that you do not use the Services or access Content (defined below) on public computers. We also recommend that you do not store your password through your web browser or other software.

You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account or Subscription by any person who uses your Personal Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account or Subscription resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for products and/or Services, including, without limitation, Content provided by us.

You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account or Subscription (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified, all Fees will be quoted and charged in U.S. dollars. You must notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

Information Provided by You and Privacy

By creating an account and/or subscribing to our online platform, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Limitation on Use

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with you use of the Services and Content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

1. upload, email, post or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

2. upload, email, post or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party;

3. upload, email, post or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;

4. use the Services or the Site to collect or store personal data about other users without their express permission;

5. knowingly include or use any false or inaccurate information in any profile;

6. chargeback any payment for services rendered, including services in process of being rendered;

7. disparage, tarnish, or otherwise harm, in our exclusive opinion, Optim, it’s officers, employees, contractors, or customers;

8. upload, email, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;

9. circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Content;

10. attempt to probe, scan, or test the vulnerability of any Optim system or network or break or impair or circumvent any security or authentication measures protecting the Services, Content, and the Site;

11. attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or proprietary algorithm used to provide the Services and/or Content;

12. use the Services, Site, or Content in any way that competes with us; or

13. encourage or instruct any other person or entity to do any of the foregoing.

CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination, Modification, and Survival

We are continually evolving and innovating the Services, Content, and the Site. We may change the Services, the Site, the Content (defined below) we offer, and the products or services you may access at any time. We may discontinue offering the Services or the Site and we may suspend or terminate your right to use the Services or the Site at any time, in the event that you breach these Terms, for any reason, in our sole discretion, and without prior notice to you. After such termination, we will have no further obligation to you or to provide the Services, except to the extent we have otherwise agreed in writing.

Upon termination of your right to use the Services or the Site or our termination of the Services or the Site, all licenses and other rights granted to you by these Terms will immediately terminate.

You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account or through the “My Account” tab in your Optim account. Any cancellation request will be handled within 30 days after we have received your request. No suspension, termination, or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. For information regarding Subscription cancellation, see below.

Paid Services

The Services include a variety of products and services that are free to use “Free Services” as well as certain products and services that require payment “Paid Services”. We reserve the right to charge for Free Services or change the price for Paid Services, at any time. If you purchase any of our Paid Services, you agree to pay us any applicable fees and taxes and you agree to any additional terms that may apply. You hereby authorize the collection of such amounts either directly by Optim or indirectly via a third-party payment processor. Failure to pay these fees will result in the termination of the applicable Paid Services. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices.

Please note that Optim is not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. Optim or its third-party payment processor may store and continue billing your payment method in order to charge you for other Paid Services you may buy.

Subscriptions and Payment

When you subscribe to our Site, OptimCareers.com, you will have the ability to view the content within the Site and use all features contained therein (“Subscription”). One Subscription provides access to one user only, for personal and non-commercial use only. For pricing information, please inquire with our team at hello@optimcareers.com.

The initial term of your Subscription will commence on the date you are charged for the Subscription and will renew automatically each month, unless you provide written notice to Optim of your intent not to renew the Subscription at least thirty (30) days before the end of the then-present Subscription term. You may terminate your account at any time and for any reason by sending us a written notice requesting termination of your account or through the “My Account” tab in your Optim account. Subscription fees for the subsequent month will be charged on the last day of the then-present Subscription term.

You may cancel your Subscription at any time by emailing us at hello@optimcareers.com or through the “My Account” tab in your Optim account. If your Subscription is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. If you cancel your account, you will be able to access the Content and Site until your account renewal date. After your renewal date, you will lose access.

Optim also reserves the right to suspend or cancel your Subscription if, in Optim’s sole and absolute discretion, you are using the Subscription in any way contrary to, or inconsistent with, the obligations of these Terms and/or any laws and regulation. If your Subscription is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. No suspension or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension or cancellation.

Some Services allow you to book a defined time with an Optim representative, coach, or affiliate. Payment is for that defined time. Any excess time required will be billed at $120 per hour, prorated based on the time overage you require. Optim does not guarantee that any paid sessions or Services will go over the allotted time, and may choose to allow time overages at its sole discretion. By exceeding your allotted time, you grant Optim permission to bill your card on file for the overage amount.

Links to Third-Party Sites

The Website may direct you to third-party websites that are not owned or maintained by Optim. We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed, or other links provided by such websites. The inclusion of such links to a third-party website does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Terms.

Affiliate Links

Some of our content contains affiliate links. If you click on an affiliate link and later make a purchase, we may receive a small commission. Clicking on an affiliate link that earns a commission does NOT result in additional charges to you or cost you anything extra. Mentions of associated products/services/businesses within the content may or may not be noted as an affiliate in every reference. Money earned via affiliate links helps us keep this site up and running. Thank you for shopping through our links to show your support for the services and products we love and share.

Links From Other Sites

If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website and subjet to the following conditions:

• You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us in writing;

• you do not misrepresent your relationship with us or present any false information about us;

• you do not link from a website that is not owned by you; and

• your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person

Intellectual Property

The Services, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (collectively, “Content”) are protected U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Services, the Site, or our Content by your use of the Services or the Site. When you use our Services or the Site, you may access intellectual property rights that we, our licensors, or third parties own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without our express prior written consent. Web scraping or the use of similar AI technologies is prohibited. No license or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

Advertising Services

For companies and individuals wishing to advertise, Optim reserves the right to refuse advertising services to anyone. Optim will have full discretion over what ads are displayed on the site and when.

Link Insertions and Guest Posts will run on the site for a minimum of 6 months. Optim may, in its exclusive discretion, choose to keep links and posts longer than that time frame.

Job Board

Our job board exists for your convenience only. Although we do our best to verify the jobs listed on our job board, we are not responsible for the accuracy of the information posted. Any links to third-party websites located on this website are provided for your convenience only. We do not endorse any job postings, or third-party websites or make representations about them or any material contained in them. If you choose to submit an application from our job board to any third-party website to or from this site, it is at your own risk.

Without limiting the foregoing, Optim does not guarantee you will receive any employment or job offers through the Sites; will not be responsible for any job offers or listings, initial screenings, hiring decisions, or actual employment presented by third parties; and is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third-Party Materials.

Payments

If you wish to pay through the Sites, you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information routing number, bank account number, credit card number, card verification number, expiration date on your credit card, your billing address, phone number, and email. You represent and warrant that you have the legal right to use any bank account information or credit card(s) or other payment method(s) utilized in connection with any transaction. To process your payment, Optim uses an independent third party that controls the security and performance of its payment processing services. Verification of information may be required prior to the acknowledgment or completion of any transaction. Optim and our agents may call or contact you regarding your account or your transactions. You agree that we may place such calls or contact you relating to any transactions.

Limitation of Liability and Indemnification

You agree to indemnify, defend, and hold Optim and its officers, directors, agents, and employees or any of them, harmless from and against any and all losses, claims, damages, liabilities, costs, and expenses “Claims” arising from or relating to Optim’s its officers, directors, agents, or employees arising out of or relating to your access to or use of, or activities in connections with, the Sites (including Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy. You and Optim agree that neither shall be entitled to recover from the other for any incidental, indirect, special or consequential damages sustained resulting from the action or inaction of the other under these Terms, whether the cause of action is in contract, breach of warranty, tort, gross negligence or otherwise, including, but not limited to lost profits/wages, lost opportunities and/or delay damages, even if the other party was advised of or was aware of the potential for such damages. In no event shall the total aggregate liability of Optim for any claim arising under this Agreement, exceed the aggregate of US $250.00 or the amounts actually paid by you to Optim within the past twelve (12) month period prior to the event out of which the claim arose if greater than US $250.00. In addition to money damages, you agree that Optim will be entitled to equitable relief upon a breach of this agreement by you. Optim shall have no liability for any injury or any loss to any party relating to or in any way arising out of any act or omission of any job seeker.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Disclaimers

Optim assumes no responsibility for resumes, documents and/or materials posted or submitted by Users and has no responsibility for the activities, omissions or other conduct of Users. Optim acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring resumes, documents and/or materials posted by Users. If notified by a User of Submitted Materials which allegedly does not conform to these Terms, Optim may investigate and determine in good faith and in its sole discretion whether to remove or request the removal of such Submitted Materials. Optim has no liability or responsibility to Users for performance or nonperformance of such activities.

You acknowledge and agree that you are solely responsible for your job search and/or for the hiring decision of each Job Seeker. You acknowledge and agree that Opitm is not responsible for the information or content provided by or actions taken by a Job Seeker or Employer as part of the job search or hiring process, including without limitation, a Job Seeker’s or Employer’s misrepresentation or fraud, and Optim in no way guarantees any information or content provided by or actions taken by a Job Seeker or Employer.

Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment, or recruiting practices, or otherwise.

Optim makes no warranties about the accuracy, reliability, completeness, or timeliness of the Sites.

Optim does not warrant that the Sites will operate error-free or that the Sites and their servers are free of computer viruses or other harmful mechanisms. If your use of the Sites results directly or indirectly in the need for servicing or replacing equipment or information, Optim is not responsible for those costs.

Optim makes no representations or guarantees regarding the content of the Sites, including but not limited to, broken links, inaccuracies or typographical errors.

Optim makes no representations or guarantees regarding the effectiveness of the services or timeliness of the services in meeting your employment or job search objectives. Optim does not guarantee that the services will result in Job Seekers being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring or salary decisions, for whatever reason.

Any links to third party websites located on this website are provided for your convenience only. We have not reviewed each thrid party website and have no responsibility for such third-party websites and their content. We do not endorse third-party websites or make representations about them or any material contained in them. If you choose a third-party website linked to/from this website, it is at your own risk. If you would like to link to this Site, you may only do so with written consent.

Miscellaneous

These Terms contain the entire agreement between the Parties regarding the Sites and Services. Neither this Agreement nor any rights or obligations hereunder shall be assigned or delegated by either party without the prior written consent of the other Party and any such assignment is null and void. This Agreement shall be binding on the successors and permitted assigns of the Parties. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Optim is not to be considered an agent or employee of any Employer or Job Seeker. Time is of the essence for each and every provision of this Agreement. This Agreement shall be binding on the successors and assigns of the Parties. This agreement shall be governed by and construed in accordance with the laws of the State of California. The parties consent to the exclusive jurisdiction of the federal or state courts sitting in Riverside County, California, for any matter or cause of action arising from this Agreement.

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT, OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT, OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Optim shall have and retain ownership of all intellectual property owned or developed by or for Optim pursuant to this Agreement or otherwise and nothing herein shall result in a transfer of ownership of any such intellectual property. If any materials provided by Optim to a Job Seeker or Employer incorporate any intellectual property owned by Optim, then Optim grants to Client a limited, non-exclusive, royalty-free license solely during the term of this Agreement to use such intellectual property solely for internal recruiting purposes.

Modification of Terms

We reserve the right to change these Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to the Site. Your continued use of our Services, or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the start of this document.