Effective Date: March 15, 2025
PLEASE READ CAREFULLY – These Terms and Conditions ("Agreement") constitute a binding legal agreement between EMC Staffing, a Florida corporation ("Company," "we," "our," or "us"), and you ("you," "your," "user," or "participant") governing your access to and use of the Company's services, website, platform, and staffing arrangements (collectively, the "Services").
By accessing or using any part of our Services, you unconditionally agree to be bound by the terms of this Agreement. If you do not agree, you must not use or access the Services.
Company provides a platform to facilitate the identification, vetting, and placement of emergency management personnel ("Personnel") with third-party entities ("Clients") in the context of disaster relief, recovery, and response efforts. Company does not warrant or guarantee continuous engagement or employment.
Use of our Services does not create an employment relationship between Personnel and Company unless explicitly established by a written agreement. Personnel may be engaged as independent contractors, contingent workers, or employees of the Client.
You represent and warrant that you:
You agree to use the Services solely for lawful purposes and in accordance with this Agreement. You shall not:
Clients agree to:
The Services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. To the fullest extent permissible by law, Company disclaims all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, in no event shall Company, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including loss of profits, data, or business opportunities), whether based in contract, tort, or otherwise, arising out of or in connection with your use of the Services.
Company's aggregate liability shall not exceed the total amount paid by you (if any) for use of the Services during the twelve (12) months preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, and employees from and against all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
All content, trademarks, service marks, and intellectual property on our platform are the exclusive property of Company or its licensors. You may not reproduce, modify, or distribute any content without prior written consent.
We reserve the right to suspend or permanently terminate your access to the Services at any time, with or without notice, for any violation of this Agreement or applicable law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising hereunder shall be resolved exclusively in the state or federal courts located in Orange County, Florida.
All disputes arising under or in connection with this Agreement shall be resolved through binding arbitration conducted under the rules of the American Arbitration Association. The arbitration shall take place in Orlando, Florida. Each party shall bear its own costs unless otherwise awarded.
If any provision of this Agreement is found invalid or unenforceable, the remainder shall remain in full force and effect.
This Agreement constitutes the entire understanding between you and Company and supersedes all prior oral or written agreements.
We reserve the right to modify these Terms at any time. Material changes will be posted with an updated effective date. Continued use of the Services constitutes acceptance of the revised Terms.
EMC Staffing
Legal Department
info@emc-staffing.com
(689) 283-9646F
Orlando, Florida