TSG Terms of Use

This Terms of Use document (“Terms”) governs all websites that we, The Select Group LLC and its affiliates and subsidiaries (collectively, “The Select Group,” “TSG,” “us,” “our,” or “we”), own and operate, including without limitation www.selectgroup.com, including any features or functionalities of such websites (each, a “Website”). All Websites are controlled and operated by The Select Group and certain service providers and/or agents from their offices within the United States, unless otherwise noted. By accessing or using our Websites, submitting a form on a Website, or clicking a button stating that you agree, you agree to be bound by these Terms and confirm that you have read them. If you do not agree to these Terms, you may not access or use any portion of the Websites in any manner, for any purpose. Use of the Websites is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. If you use a Website on behalf of a company or other organization, you represent that you have authority to accept these Terms for that organization, and “you” includes that organization.

These Terms do not govern any services TSG provides to clients. Those services are governed only by a signed written agreement between TSG and the client, such as a master services agreement or statement of work. If a signed written agreement between TSG and a client addresses the same subject matter as these Terms and conflicts with them, the signed agreement controls as to that subject matter.

Your privacy rights and responsibilities are described in our Privacy Policy, which is not incorporated by reference herein. The Privacy Policy is a notice of our practices and does not create contractual obligations. If you are a California resident applying for a job with TSG, our Human Resources Privacy Policy for California Residents also applies.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH IN SECTION 16 BELOW, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE US IN COURT OR IN CLASS ACTIONS OF ANY KIND.

1. Changes to These Terms

1.1 We may change these Terms by posting an updated version on the Websites and changing the “Last Updated” date.

1.2 A change takes effect when posted, except that a change to Section 16 (Mandatory Arbitration and Class Action Waiver) takes effect 30 days after posting and does not apply to any dispute that arose before the change took effect.

1.3 You are responsible for reviewing these Terms when you use the Websites. If you continue to use the Websites after a change takes effect, you accept the updated Terms.

2. Eligibility

2.1 You must be at least 18 years old, or the age of majority where you live if higher, to use the Websites.

2.2 The Websites are intended for business users and job seekers. They are not directed to children. You must not submit personal information about a child under 13 through the Websites.

3. General Use of the Websites

3.1 Subject to these Terms, The Select Group authorizes you to view and download sections of the Websites, and to download or print a reasonable number of pages, for these purposes only: (a) learning about TSG and evaluating TSG’s services for yourself or your organization; (b) contacting TSG; (c) searching for and applying to job opportunities with TSG; and (d) sharing links to Website pages. You are hereby notified that the content, script, and HTML codes used to generate the pages on the Websites are protected by copyright.

3.2 When you download or print Website content, you must keep all copyright and other proprietary notices on it.

3.3 This permission is a limited, revocable, non-exclusive, non-transferable license. It does not transfer ownership of any Website content to you. TSG reserves all rights not expressly granted in these Terms.

4. Prohibited Conduct

When using the Websites, you must not:

(a) violate any law or any third party’s rights;

(b) copy, republish, sell, or distribute Website content, except as Section 3 allows;

(c) use any robot, spider, scraper, crawler, or other automated means to access, collect, copy, or index the Websites or their content, except (i) a general-purpose search engine that complies with the Websites’ robots.txt files and any other machine-readable instructions TSG publishes, solely to index the Websites and display links and brief excerpts in search results, and (ii) an automated tool acting at the real-time direction of an individual user to view or summarize specific pages for a purpose Section 3 permits;

(d) copy, collect, or use any Website content (i) to develop, train, fine-tune, test, evaluate, or improve any artificial intelligence or machine learning model or system, (ii) as a source for retrieval, grounding, or other generation of output by any artificial intelligence system, except as Section 4(c)(ii) permits for an individual user, (iii) to create or add to any dataset, corpus, or database, or (iv) to sell, license, or otherwise provide Website content or data to anyone else, or to build a competing product or service;

(e) probe, scan, or test the vulnerability of the Websites or any related system, or breach or circumvent any security or authentication measure, unless TSG has authorized you in writing;

(f) access or attempt to access any non-public area of the Websites or TSG’s systems, or gain access to data, a server, an account, or a Website area without proper authorization;

(g) upload or transmit any virus, malware, or other harmful code;

(h) interfere with or disrupt the Websites, including through denial-of-service attacks, overloading, flooding, “mail bombing,” crashing, or excessive requests;

(i) frame or mirror any part of the Websites, or use TSG’s name or marks in metatags or hidden text;

(j) impersonate TSG, a TSG employee, or a TSG recruiter, or misrepresent your affiliation with any person or organization;

(k) submit false, misleading, or fraudulent information, including in a job application;

(l) use the Websites to send spam, chain messages, or unsolicited promotional email messages;

(m) circumvent or attempt to circumvent any technical measure TSG uses to limit or control access to the Websites, including robots.txt directives, rate limits, IP blocks, and bot-detection tools, or use proxies, rotating IP addresses, false user-agent strings, or similar methods to disguise automated access; or

(n) help or encourage anyone else to do any of the above.

These restrictions apply to you and to anyone or anything acting on your behalf, including any automated agent. If TSG tells you, by any means, that your access or a particular use is not authorized, you must stop immediately. Violation of these rules may result in criminal or civil liability and prosecution.

5. Information You Submit

5.1 Accuracy. Information you submit through the Websites, including through contact forms and job applications, must be accurate and complete, and you must have the right to submit it. If you submit personal information about another person, including through a referral program, you must have that person’s permission or another lawful basis to share it with TSG.

5.2 Restricted information. You must not submit any of the following through the Websites’ forms, chat features, or email links: (a) Controlled Unclassified Information, classified information, or information subject to export controls such as the International Traffic in Arms Regulations or the Export Administration Regulations; (b) protected health information or other health data about any person; (c) payment card numbers, bank account numbers, Social Security numbers, or other government identification numbers; or (d) trade secrets or confidential information of your employer, a client, or any other third party. If an engagement or employment onboarding requires this type of information, you must provide it only through the separate, secure process TSG designates for that purpose.

5.3 No confidentiality or client relationship. Submitting a form or sending a message through the Websites does not create a client, consulting, or other business relationship with TSG, and does not create any obligation of confidentiality beyond what our Privacy Policy describes. A business relationship exists only under a signed written agreement.

5.4 Feedback. If you send TSG ideas, suggestions, or other feedback about the Websites or our services, TSG may use that feedback for any purpose without obligation to you. This Section 5.4 does not apply to personal information, which our Privacy Policy governs.

6. Careers, Job Postings, and Recruiting

6.1 Postings are not offers. Job postings on the Websites are invitations to apply. They are not offers of employment or contracts. TSG may change, fill, or withdraw any posting at any time. An offer of employment is valid only if it is in writing and issued by an authorized TSG representative. Unless a signed written agreement states otherwise, employment with TSG is at will where permitted by law.

6.2 The Select Group is an Equal Opportunity Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, sexual orientation, gender identity, national origin, disability, genetic information, protected veteran status, or any other characteristic protected by law.

6.3 Your Right to Work. In compliance with federal law, all persons hired will be required to verify identity and eligibility to work in the United States and to complete the required employment eligibility verification document form upon hire. TSG participates in E-Verify.

6.4 Recruiting fraud. Individuals may pose as recruiters in recruiting scams. TSG does not charge candidates any fee to apply, interview, or be placed; does not ask candidates to buy equipment, software, or training; and does not send checks for candidates to deposit and return. Legitimate TSG email comes from an @selectgroup.com, @tsgfederal.com, or @bluehawk.com address. Before you share personal or financial information with anyone claiming to represent TSG, confirm their identity by contacting hr@selectgroup.com. You may also report fraud to the Federal Trade Commission at ReportFraud.ftc.gov.

6.5 Accommodations. If you need an accommodation to use the Websites or to apply for a position because of a disability, contact hr@selectgroup.com.

7. Website Content, Insights, and Case Studies

7.1 General information only. Articles, blog posts, insights, case studies, and other Website content are for general information. They are not technical, legal, regulatory, cybersecurity, financial, or other professional advice, and they are not tailored to your situation. You must not rely on Website content as a substitute for advice from a qualified professional or for a written agreement with TSG.

7.2 No guarantee of results. Descriptions of past projects and outcomes do not guarantee similar results. Statements about future trends, technologies, or results are opinions and may prove wrong.

7.3 Client and third-party references. The Websites may refer to clients, strategic alliance partners, technology vendors, and their products. Unless a Website states otherwise, a reference does not mean the third party endorses TSG or that TSG endorses the third party. Third-party names, logos, and product names belong to their owners.

7.4 Accuracy and updates. Website content may contain errors or become outdated. TSG may change or remove Website content at any time without notice.

8. Intellectual Property

8.1 TSG content. The entire content of the Websites, including text, graphics, images, video, design, layout, software, script, and HTML code, is owned by TSG or its licensors and is protected by copyright, trademark, and other laws. Copying or reproducing the pages contained in a Website to any other server or location for further reproduction or distribution is prohibited, unless The Select Group expressly grants specific rights individually to any party. Any rights not expressly granted are hereby reserved.

8.2 TSG marks. THE SELECT GROUP®, TSG, and the TSG logos are trademarks of The Select Group. You must not use TSG’s marks without TSG’s prior written permission, except to refer accurately to TSG in a way that does not suggest sponsorship or endorsement.

8.3 Linking. You must not link to a Website in a way that suggests that TSG endorses you or your content, or from a site that contains unlawful, infringing, or offensive material. You must remove any link to a Website if TSG asks you to.

9. Third-Party Sites, Tools, and Services

9.1 The Websites may link to, embed, or use third-party websites, social media platforms, forms, analytics tools, scheduling tools, and other services. TSG does not control them and is not responsible for their content, availability, security, or practices. The inclusion on a Website of any URL or link does not imply an endorsement of a specific vendor, information provider, individual, entity, group, or organization by The Select Group.

9.2 Your use of any third-party site or service is governed by that third party’s terms and privacy practices. You access them at your own risk.

10. Privacy and Communications

10.1 You agree that TSG may send you communications electronically, including by email and by posting notices on the Websites, and that electronic communications satisfy any legal requirement that a communication be in writing.

10.2 Nothing in these Terms limits any unwaivable right you have under applicable privacy law, including the right to exercise privacy rights yourself or through an authorized agent, to use an opt-out preference signal such as Global Privacy Control, or to seek any remedy that the law does not allow to be waived or limited by contract. Sections 4, 11, 12, 13, and 16 do not apply to the extent they would limit those rights.

11. DISCLAIMERS

11.1 THE WEBSITES AND THE INFORMATION CONTAINED IN THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE INFORMATION CONTAINED IN THE WEBSITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE USER IS SOLELY RESPONSIBLE FOR DECISIONS BASED ON ANY INFORMATION CONTAINED IN THE WEBSITES.

11.2 TSG DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR PROTECTING YOUR OWN DEVICES AND DATA.

12. LIMITATION OF LIABILITY

12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SELECT GROUP OR ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, UNDER ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITES, THE INFORMATION CONTAINED IN THE WEBSITES, OR THESE TERMS.

12.2 TO THE FULLEST EXTENT PERMITTED BY LAW, TSG’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITES OR THESE TERMS IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100).

12.3 Sections 12.1 and 12.2 do not limit any liability that cannot be limited under applicable law.

13. Indemnification

You must defend, indemnify, and hold harmless TSG and its affiliates, and their officers, directors, managers, employees, and agents, from and against all third-party claims, and all resulting losses, damages, liabilities, costs, and reasonable attorneys’ fees, arising out of (a) your violation of these Terms, (b) your violation of any law or third-party right, or (c) information you submit through the Websites. TSG may participate in the defense of any claim with counsel of its choosing at its own expense. You must not settle any claim that imposes an obligation on TSG without TSG’s prior written consent.

14. Suspension and Termination of Access

TSG may suspend or end your access to all or part of the Websites at any time, with or without notice, including if TSG believes you have violated these Terms. You must stop using the Websites if TSG asks you to. Sections 5.4 and 7 through 19, and any other provision that by its nature should survive, continue to apply after your access ends.

15. Governing Law

These Terms are to be construed and governed in accordance with the laws of the State of North Carolina without reference to conflict of law principles, except that the Federal Arbitration Act governs Section 16 as stated there.

16. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

You and The Select Group agree that except as set forth in this Section 16, any dispute, claim, or controversy that relates to or arises from these Terms or a Website (any of which, a “Claim”), including without limitation related to any data collected or used by us or otherwise related to or arising from our Privacy Policy, will be determined by mandatory binding individual (not class) arbitration. Notwithstanding the above, you and The Select Group both agree that a court, and not an arbitrator, shall have the right to rule on issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, and neither of us waive or limit our rights to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 16, ALL DISPUTES, CLAIMS, AND CONTROVERSIES THAT RELATE TO THESE TERMS OR A WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE SELECT GROUP AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.

This Section 16 does not apply to: (a) any Claim that is governed by a separate written agreement between you and TSG that contains its own dispute resolution provision, including any employment agreement; (b) an individual action to protect intellectual property or the security of the Websites; or (c) any claim for public injunctive relief that applicable law does not permit to be waived in arbitration, which must be stayed until the individual Claims in arbitration are resolved.

YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU HEREBY AGREE THAT YOU MAY NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION, AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH ACTION. Unless both you and The Select Group agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

FOR CLARITY, ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.

Either you or we may start arbitration proceedings. Any arbitration between you and The Select Group will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force, or, if you use the Websites on behalf of a business or other organization, the AAA’s Commercial Arbitration Rules then in force, including in either case the AAA’s supplementary rules for mass arbitrations when they apply (the “AAA Rules”), as modified by these Terms. The AAA Rules are available at adr.org. You and The Select Group agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by email (“Notice”). Notices to The Select Group must be sent to the address in Section 19. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or The Select Group may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within 30 days of the date of the issuance of the arbitrator’s award. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator’s award is based on an error of law that is material and prejudicial; or that the award is based on determinations of fact that are clearly erroneous. As further specified in the Appellate Rules, the decision by the appellate tribunal shall become the final award for purposes of judicial enforcement proceedings. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the AAA Rules.

This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the assignment or termination of these Terms. If TSG changes this Section 16, the change does not apply to any Claim for which a Notice was sent before the change took effect.

For any Claim for which arbitration is not available, either as set forth above or as a result of this arbitration provision being held unenforceable under applicable law as to a particular Claim brought by one party against the other, then legal proceedings involving only that Claim may be instituted solely in the state or federal courts located in Wake County, North Carolina. For all purposes of these Terms, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.

17. Access from Outside the United States

TSG operates the Websites from the United States. If you access the Websites from outside the United States, you are responsible for complying with local law. You must not use or export Website content in violation of U.S. export control or sanctions laws.

18. General Terms

18.1 Entire agreement. These Terms, together with any additional terms posted on a specific part of a Website, are the entire agreement between you and TSG about the Websites. A signed written agreement between you and TSG controls over these Terms only as to subject matter that the signed agreement addresses and only to the extent of a conflict.

18.2 Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms remain in effect, subject to the severance rule in Section 16.

18.3 No waiver. TSG’s failure to enforce a provision is not a waiver of its right to enforce it later.

18.4 Assignment. You may not assign or transfer these Terms without TSG’s prior written consent. TSG may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

18.5 No third-party beneficiaries. These Terms do not give any rights to anyone other than you and TSG, except that TSG’s affiliates and the individuals named in Sections 12 and 13 may enforce those Sections.

18.6 Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.”

18.7 Force majeure. TSG is not responsible for any failure or delay in operating the Websites caused by events beyond its reasonable control.

19. Contacting Us

If you have any questions or comments about these Terms, or need to send a legal notice under these Terms, please contact us by email at legal@selectgroup.com or by mail at The Select Group LLC, Attn: Legal Department, 5540 Centerview Dr. Ste 204, PMB 29053, Raleigh, NC 27606-8012. Privacy questions and requests to exercise privacy rights must be sent as described in our Privacy Policy.

Website Terms of Use