Terms & Conditions
Please review the EMACJobs.com terms and conditions before proceeding.
EMACJobs.com
(A Division of The EMAC Group LLC)
SITE USE AGREEMENT AND SOFTWARE LICENSE TERMS
This Agreement, between you and “EMACJobs.com” a division of The EMAC Groups LLC, governs your use of the site at www.EMACJobs.com (the "Site") and the Company's services (the "Services"). By accessing the Site, you accept these terms and conditions. If you do not accept all of the terms and conditions of this Agreement, do not use the Site.
The Company may amend this Agreement at any time by posting the amended terms on the Site. The amended terms will be effective when posted on the Site for 15 days or after you have otherwise been made aware of them, and they are effective for all use of the Site and Services after that date.
1. Services and Support
1.1 The “Site” is intended for the use of Companies, Vendors, and Individuals (“Users”) as a marketplace of available contract (outsourced) resources and requirements. The terms and conditions of any business relationships that result from the use of the Site does not include EMACJobs.com and is between the parties mentioned above. EMACJobs.com can not be held responsible for any misinformation, or dissatisfaction of work performed by any of our “Users”.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
1.3 The Services provide Users with the ability to post their professional profiles into our consulting and job search engines that are available for searching to the general public. Some Services may be provided by Company at no charge, and some are provided for a fee. Users accordingly agree to pay certain subscription and promotional fees to provide this information for searching and display within the EMACJobs.com site, and all registered Users agree that EMACJobs.com can provide this information to the public. Some corporate Users can also post requirement profiles that advertise the need for outsourced workers. They assume all responsibility for the content and accuracy of any information entered into the EMACJobs.com systems. Additional usage restrictions and guidelines appear within EMACJobs.com, and failure by Users to abide will result in suspension or termination of Users account on EMACJobs.com.
1.4 All payments for Subscriptions or Promotion with EMACJobs.com are handled by our payment providers ( i.e. PayPal) and each user will be required to use a EMACJobs.com payment provider for payment. You agree that all issues related to your personal financial information and any potential damages caused by misuse of your information by a EMACJobs.com payment provider are between you and the EMACJobs.com payment provider and that EMACJobs.com doesn’t ever obtain any of this information and therefore can’t be held responsible for any damages that result from using the EMACJobs.com payment provider’s services. Fees are payable in US dollars. Certain Subscription Services will be subject to monthly, quarterly or annual subscription fees. You understand that the EMACJobs.com payment provider will automatically charge you for these services based on the timeframe you select within the EMACJobs.com subscription and promotion products. Should any payment not occur, access to the Services will be disabled until payment is received. Subscriptions are pre-paid, in advance, according to the Fee Schedule provided to you by EMACJobs.com. The Fee Schedule, including subscriber levels and prices, are subject to change at any time. Amounts paid for the services are not refundable.
1.5 You must complete the registration form on the Sign Up pages in order to use the Services. You must also choose the most accurate user type (Company, Vendor, or Individual). You will provide true, accurate, current, and complete information about yourself as requested in the registration form.
As part of the registration process, you will identify an email address and password for your EMACJobs.com account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. EMACJobs.com reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.7 You acknowledge that from time to time that email delivery of email messages may be blocked or prevented at the destination mail servers sent through EMACJobs.com. You acknowledge and agree that EMACJobs.com will make its best effort, but is not responsible for the guaranteed delivery of these messages, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your EMACJobs.com account.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. You may not use automated robots or spiders within EMACJobs.com, and organizations of a competitive nature to EMACJobs.com are not permitted access to the Services. If you are using the Services in any country, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
2.2 You acknowledge and agree by registering with EMACJobs.com that the use of company names and logos and all related product and service names, design marks and slogans, are the property of EMACJobs.com or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of EMACJobs.com. Your use of the Site confers no title or ownership in EMACJobs.com, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in EMACJobs.com or its third party suppliers, as the case may be. You also agree that by registering with EMACJobs.com that we have the right to communicate your company name as a registered user.
2.3 You represent, covenant, and warrant that you will use the EMACJobs.com site only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless EMACJobs.com against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although EMACJobs.com has no obligation to monitor the content provided by you or your use of the Services, EMACJobs.com may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.4 You understand that every email message sent in connection with the EMACJobs.com site will contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list and a link to the then current user email policy (see Section 2.9 below). You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You agree to only enter permission-based emails into your Email-Notification section of your EMACJobs.com site. You cannot mail to distribution lists, newsgroups, or spam email addresses.
2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. EMACJobs.com reserves the right to cancel any Users Service immediately should any suspicious or specific legal actions be taken against such User.
2.6 Every hosted site in connection with EMACJobs.com, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by EMACJobs.com" or a similar message. EMACJobs.com will make every effort to insure these messages are discreet and non-distracting to the Clients necessary purpose for using the Services. You agree to cooperate with and provide reasonable assistance to EMACJobs.com in promoting and advertising the Services.
2.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to EMACJobs.com. EMACJobs.com may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Site, or communicate separately with you.
2.8 EMACJobs.com will not use your Personal Contact List or any other contact information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties.
2.9 You will adopt and maintain the Email Privacy Policy, which may be modified by EMACJobs.com from time to time.
3. Termination
3.1 You may terminate this Agreement at any time by logging into your PayPal or credit card subscriptions account associated with your EMACJobs.com service. Doing so will immediately cancel your subscription and will discontinue the availability of any paid services, but will not effect the termination of your EMACJobs.com account unless requested. There are no refunds for any fees paid.
3.2 EMACJobs.com may terminate this Agreement or the Services at any time with or without cause, and with or without notice. EMACJobs.com shall have no liability to you or any third party because of such termination.
3.3 EMACJobs.com will archive any of your data within 10 days after the date of termination including profiles or profile related data, company brochure, and or any requirements data, site settings, and/or your Personal Contact List that you developed during your use of EMACJobs.com. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3.4 If you do not log into your account after signing up for any paid services, you will continue to be charged for any subscription services on a regular basis, and responsible for such charges. When an account is classified (at EMACJobs.com sole discretion) as inactive, EMACJobs.com will notify you by email, and make every effort to contact you by US mail or by phone. INACTIVE ACCOUNTS HAVE 10 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA MAY BE PERMANENTLY REMOVED FROM THE EMACJOBS.COM DATABASE.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. EMACJOBS.COM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
THE SERVICES ARE PROVIDED "AS IS" AND EMACJOBS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for EMACJobs.com to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EMACJOBS.COM OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "THE EMAC GROUPS LLC") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF EMACJOBS.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, EMACJOBS.COM IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF EMACJOBS.COM TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
7. Miscellaneous
7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 EMACJobs.com and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind EMACJobs.com in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
7.5 The Agreement shall be governed by the laws of the State of Florida, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Orlando, Florida.
