Terms and Privacy Policy

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.

4.0 SITE USE PRIVACY POLICY TERMS

Privacy Policy Overview: The EMAC Group, LLC. (The EMAC Group) (www.emacjobs.com) is committed to protecting the privacy of our Website users. This policy is designed to assist you in understanding how www.emacjobs.com uses and safeguards information you provide while using www.emacjobs.com.

The EMAC Group gives you control over the access to your information and until such time as you choose to release your Professional Contact Information to an Employer / Network Recruiter your information is private.

Using www.emacjobs.com you can control what kind of Employers / Network Recruiters and / or opportunities are able to Ideal Candidate your Professional Snapshot Information and those Employers / Recruiters to which you are willing to release your Professional contact Information so they may contact you.

The EMAC Group ensures that:

  • You are joining a secure online solution, the express purpose of which is to market your skills, capabilities and career desires in a private and secure manner
  • Your information cannot be accessed or used from outside the www.emacjobs.com network
  • You will never receive any spam, marketing messages (either solicited or unsolicited), or any other communications except for 1) Interview Requests from The EMAC Group with Ideal job opportunities, and 2) administrative messages from www.emacjobs.com intended to maximize your success
  • Employers / Network Recruiter using www.emacjobs.com to search for suitable candidates cannot evaluate, find or place you in short-list, access your information or contact you, unless; 1) their approved job opportunity and employment offer settings meet or exceed your selected Job Settings, and 2) your skills and capabilities meet or exceed the employer's needs. If these two conditions are met, you may be short-listed by an Employer / Network Recruiter
  • Employer / Network Recruiter will be able to review your Professional Snapshot Information
  • If you are short-listed by an Employer / Network Recruiter, the Employer / Network Recruiter is only able to see your Professional Snapshot Information, which excludes your first name, last name, street address, phone number, cell / mobile number, email address, current employer name(s) and address(es)
  • If you are short-listed by an Employer / Network Recruiter, the Employer / Network Recruiter is able to send you a Interview Request only through the www.emacjobs.com system
  • If you accept an Employer / Network Recruiter's Interview Request, we release your Professional Snapshot Information to that Employer / Network Recruiter and they can now see all your information and may contact you directly
  • An Employer / Network Recruiter's access to your Professional Snapshot Information is withdrawn sixty (60) days after you accept the Employer / Network Recruiter Interview Request

Terms and Definitions:

Employer / Network Recruiter Any entity authorized by The EMAC Group to search the www.emacjobs.com database, for the express purpose of creating an Ideal Candidates of potential Job Seekers.

Interview Request Is an email sent to you by www.emacjobs.com when an Employer / Network Recruiter requests that we release your Professional Contact Information to them, to enable the Employer / Network Recruiter to contact you regarding a specific job opportunity.

Professional Contact Information Is information you enter into specific fields on www.emacjobs.com including, but not limited to first name, last name, home street address, email address, phone number, cell / mobile number and the name and address of your current employer(s), as well as any other fields www.emacjobs.com designates as Professional Snapshot Information in the future.

Professional Snapshot Information Is information you enter into all other fields or select or complete via other data entry devices or mechanisms on www.emacjobs.com that are not included in or identified as Professional Snapshot Information.
www.emacjobs.com services Optional services you may purchase through www.emacjobs.com intended to enhance your marketability as a potential employee.

The EMAC Group A corporation established under the laws of the State of Florida, USA.

Employer / Network Recruiter A company, organization, trust or other registered entity that provides a service of third-party searching, selection and placement of personnel on behalf of other companies, organizations, trusts or other registered entities.

Website The www.emacjobs.com Job Seeker Website. You, the end user of www.emacjobs.com, an individual who uses www.emacjobs.com for the express purpose of anonymously marketing your skills, capabilities and other information in a desire to receive Interview Requests and pursue job opportunities.

4.1. Privacy Policy: This privacy policy is designed to assist you in understanding how www.emacjobs.com ("Company", "we", "us", "our") uses and safeguards information you provide while using www.emacjobs.com.

4.2. Explanation of Service: The EMAC Group provides this website (www.emacjobs.com) and manages and / or provides the www.emacjobs.com services to all users for free but does require a registration process in order to function. Some of the optional www.emacjobs.com services we provide may require a payment.

EMACJOBS: You can register to become a user of www.emacjobs.com for free. You use www.emacjobs.com to enter your personal, career, skills, work history, education and other career related information. You can then use www.emacjobs.com to control what kind of Employers / Network Recruiters and / or job opportunities are able to short list you as an Ideal Candidate. Employers / Network Recruiters can perform advanced searches on the www.emacjobs.com database and create suitable Ideal candidates. If you are short-listed by an Employer / Network Recruiter, the Employer / Network Recruiter is unable to see your contact information. The Employer / Network Recruiter can review your Professional Snapshot Information (nothing that identifies you as you), and they can choose to contact www.emacjobs.com to request to continue with their recruiting process, and ask to release your contact information so they may contact you directly. You will be sent via email an Interview Request describing the Employer / Network Recruiter and the job opportunity, and you can accept or decline the Interview Request, or block the Employer / Network Recruiter from short-listing or inviting you again. If you accept an Employer / Network Recruiter’s Interview Request, your contact information will be shown to that single Employer / Network Recruiter for a period of sixty (60) days, after which this information will again be hidden from that Employer / Network Recruiter.

The www.emacjobs.com Services: We may from time to time offer services that improve the www.emacjobs.com service. Such services may be free or they may require an online payment from you. All such services are optional, and your election not to use any one service will not impede your use of www.emacjobs.com.

Information you provide to us and how we use it: 1) Personal information you decide to provide to us as a Job Seeker; 2) Specific career details and skills you decide to provide to us as a Job Seeker; 3) Personalization cookies we create to enhance your experience with www.emacjobs.com; and 4) Usage information that is passively generated through your use of www.emacjobs.com.

Personal Information you provide as a Job Seeker: As a Job Seeker using this site, you may choose to provide personal information to us, including but not limited to the following information about you:

- Name
- Address
- Telephone numbers, email address, or other contact details
- Information relating to your personal skills
- Information relating to your career skills and career interests
- Education history and qualifications
- Employment history
- Awards and achievements
- Professional memberships and affiliations
- Hobbies, interests, and other memberships and affiliations
- "Tags" which are keywords to describe your attributes or qualities

We collect this information from you so Employers / Network Recruiters may directly search the Professional Snapshot Information you provide to create short list of potential Ideal Candidates who meet or exceed their needs, and to seek to ensure you are only short-listed and / or contacted regarding job opportunities that meet or exceed your job settings.

4.3 - Cookies: This site uses a feature on your Internet browser called a "cookie". Cookies are small files that your Internet browser places on your computer's hard drive. We use cookies for enhancing your experience when you use www.emacjobs.com for items such as remembering your login name and general preferences. Cookies do not store your passwords. Cookies help us provide you with an easier and more enjoyable use of the site.

4.4 - Usage Information: In addition to the use of your information required by www.emacjobs.com to match your information to Employer / Network Recruiter opportunities and place you in an Ideal Candidates status, we also passively collate information relating to your use of www.emacjobs.com and the use of your information by Employers / Network Recruiters, to provide you feedback in the following areas:
Information and Statistics:
- the number of times you have been considered for an Ideal Candidate
- the number of times you have been included in an Ideal Candidate
- the number of times Employers / Recruitment Agencies have reviewed your Professional Snapshot Information
- the number of Interview Requests you have been sent
- the number of Interview Requests you have blocked, declined or accepted

4.4 Delivering Success:
- the probability of you being included as an Ideal Candidate given your Job Settings, and the skills you possess
- your placement within the general market relating to others with similar career interests and skills

4.5 Administrative Notices:
- as required by law, regulation, or as needed to service your www.emacjobs.com account. Administrative notices also include notifications of new Invitation Requests. You may not opt-out of receiving these administrative emails.

4.6 Information We Do Not Collect: We will not knowingly collect nor make available to Employers / Network Recruiters information relating to your:
- Age
- Gender
- Family or marital status
- Sexual orientation
- Color, race, nationality or ethnic origin
- Religious or ethical beliefs
- Disability(ies)
- Country of Birth

Please do not provide this information to us.
www.emacjobs.com supports the concept of equal employment opportunity and does not discriminate on any of the foregoing bases or any other basis prohibited by law.

4.7 Our Use of Your Information: The information you enter on www.emacjobs.com is used to match you to Employer / Network Recruiter opportunities that are intended to meet or exceed your Job settings.
Specifically:

(a) Your information is used by The EMAC Group in order to provide, maintain and improve www.emacjobs.com and the www.emacjobs.com services
(b) Your information is used by Employers / Network Recruiters, who use your Professional Snapshot Information to search and short list possible Ideal Candidates
(c) If you accept an Employer's / Network Recruiter's Interview Request, Employers / Network Recruiters can review and use your Professional Contact Information for a period of sixty (60) days in order to contact you directly (d) www.emacjobs.com may use aggregate information to make site improvements or track usage. In addition, www.emacjobs.com may disclose aggregate information about site usage to employers or potential employers.

WWW.EMACJOBS.COM DOES NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE PROVIDE ACCESS TO YOUR INFORMATION TO ANY PARTY WHATSOEVER, OTHER THAN THE CONTROLLED ACCESS TO YOUR INFORMATION BY EMPLOYERS / RECRUITMENT AGENCIES, AND ONLY AS PROVIDED THROUGH THE VARIOUS MECHANICAL SAFE GUARD PROCESSES (INTERVIEW REQUEST AND ACCEPTANCE) OFFERED BY WWW.EMACJOBS.COM, AND AS REQUIRED BY LAW. WE MAY, HOWEVER, ENGAGE A THIRD PARTY IN ORDER TO PROVIDE WWW.EMACJOBS.COM SERVICES YOU ELECT TO USE, STRICTLY ON OUR BEHALF AND UNDER OUR SUPERVISION AND RESPONSIBILITY.

WE WILL NEVER SEND YOU MARKETING SPAM, EMAIL OR ANY OTHER RELATED OR UNRELATED COMMUNICATION, OTHER THAN THE DIRECT CORRESPONDENTS AND INTERVIEW REQUESTS SENT DIRECTLY TO YOU BY THE EMAC GROUP THAT HAVE JOB OPPORTUNITIES THAT ARE INTENDED TO MEET OR EXCEED YOUR INDICATED JOB SETTINGS; OR SPECIFIC INFORMATION AND / OR ADMINISTRATIVE MESSAGES DIRECTLY RELATING TO YOUR USE OF WWW.EMACJOBS.COM.

4.8 Your Continued Assurance: In the event that www.emacjobs.com is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, The EMAC Group reserves the right to transfer the www.emacjobs.com databases including your Professional Contact Information, to a third-party acquiring www.emacjobs.com or its assets. In this event, we will place a prominent notice of the sale on the www.emacjobs.com homepage.

4.9 Deleting Your www.emacjobs.com Account: If you delete your www.emacjobs.com account, your Professional Snapshot Information is no longer available for Employers / Recruiters to search and you will not be found in future Ideal Candidates searches by any Employer / Network Recruiter, nor will you receive any further Interview Requests. If you have accepted an Employer / Network Recruiter's Interview Request within the past sixty (60) days, your Professional Contact Information will remain available to that Employer / Network Recruiter until the sixty (60) day period expires, after which, that Employer / Network Recruiter is unable to review your Professional Snapshot or Contact Information.

5. Data Security: Your Professional Snapshot and Contact information you enter or update on the Website is encrypted using industry standard 1024 bit SSL encryption technology before being sent over the Internet to be saved in our database. When Employers / Recruitment Agencies access your Professional Snapshot Information, they also retrieve your Professional Snapshot Information using the same SSL technology.

Modification to this Privacy Policy: We may from time to time update this Privacy Policy by providing such revised Privacy Policies to you or by publishing the revised Privacy Policy on this Website. If we make material changes to this policy, we will provide appropriate notice to you here, by email, or by means of a notice on our home page.

6. 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.

7. 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.

8. 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.

9. Miscellaneous

9.1 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.

9.2 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.

9.3 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.

9.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

9.5 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.
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