Terms and Conditions

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.

1. Nature of 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.

2. No Employment Relationship

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.

3. Eligibility

You represent and warrant that you:

  • Are at least 18 years of age;
  • Have the legal capacity and authority to enter into this Agreement;
  • Have provided accurate and truthful information;
  • Are in compliance with all applicable laws and licensing requirements.

4. Use of Platform

You agree to use the Services solely for lawful purposes and in accordance with this Agreement. You shall not:

  • Engage in any form of fraud, misrepresentation, or unauthorized access;
  • Circumvent, disable, or interfere with security features;
  • Disclose confidential or proprietary information obtained through the platform.

5. Client Responsibilities

Clients agree to:

  • Comply with all applicable federal, state, and local labor and safety laws;
  • Ensure proper onboarding, orientation, and supervision of assigned Personnel;
  • Not misclassify Personnel or engage in discriminatory or unlawful conduct.

6. Disclaimer of Warranties

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.

7. Limitation of Liability

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.

8. Indemnification

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:

  • Your breach of this Agreement;
  • Your violation of any law or rights of a third party;
  • Your conduct or misconduct while using our Services.

9. Intellectual Property

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.

10. Termination

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.

11. Governing Law and Venue

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.

12. Dispute Resolution

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.

13. Severability

If any provision of this Agreement is found invalid or unenforceable, the remainder shall remain in full force and effect.

14. Entire Agreement

This Agreement constitutes the entire understanding between you and Company and supersedes all prior oral or written agreements.

15. Amendments

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.

16. Contact Us

EMC Staffing

Legal Department

info@emc-staffing.com

(689) 283-9646F

Orlando, Florida