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TERMS AND CONDITIONS

Terms & Conditions:

Welcome to the Emonics LLC websites and the Emonics LLC mobile application together with any materials and services available therein, and successor site(s) thereto (individually referred to as the “Site” or collectively as the “Sites” ), which are operated by Emonics LLC International Inc. and its subsidiaries (“Emonics LLC” or “we” or “us”).

 

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Emonics LLC. These Terms incorporate any additional terms and conditions posted by Emonics LLC through the Sites, or otherwise made available to you by Emonics LLC.

 

The Privacy Policy (“Policy”) describes how Emonics LLC may use and disclose information that we may collect about all users and viewers through the Sites.

 

PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITES.

 

We may change these Terms and/or Policies from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.

 

In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and Emonics LLC (“Other Terms”), the Other Terms shall control.

 

The “Last Updated” legend above indicates when these Terms and Policy were last changed. We may, at any time and without liability, modify or discontinue all or part of the Sites (including access to the Sites via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms and/or Policy on the Sites. Your use of the Sites following these changes means that you accept the revised Terms and/or Policy.

 

Emonics LLC is not a law firm and does not provide legal representation. Emonics LLC project attorneys do not constitute a law firm among themselves.

 

Terms of Use

 

1. Eligibility

 

By using the Sites, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Sites on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.

 

The Sites are controlled or operated (or both) from the United States and are not intended to subject Emonics LLC to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Sites are at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Sites’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

2. License

 

Subject to and conditioned on your compliance with these Terms, Emonics LLC grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Sites and to download copies of the materials that we make available for download on the Sites, in each case solely for your personal and non-commercial use.

 

The Sites, including all content, information, and materials incorporated into or made available through the Sites, are the exclusive property of Emonics LLC or its suppliers and are protected by the U.S. and international law. You agree not to access or use the Sites, or any content, information, or materials incorporated into or made available through the Sites, except as expressly permitted under these Terms.

 

All trademarks, service marks, and logos displayed on the Sites (the “Marks”) are the exclusive property of Emonics LLC or their respective third party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Sites grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Sites.

 

3. User Submitted Materials

 

The Sites include functionality to enable you to upload your résumé and/or other employment- and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant Emonics LLC a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

 

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Sites or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Emonics LLC under any fiduciary or other obligation.

 

You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submitted Materials, and your provision thereof through and in connection with the Sites, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

 

Emonics LLC may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Sites. We may disclose information regarding your access to and use of the Sites, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

 

For clarity, certain information that you provide to Emonics LLC through the Sites may also be governed by Emonics LLC’s Privacy Policy, located below. You represent and warrant that any information you provide in connection with the Sites are and will remain accurate and complete and that you will maintain and update such information as needed.

 

4. RULES of conduct 

In connection with the Sites, you agree NOT to:

 

  • Post, transmit or otherwise make available through or in connection with the Sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

  • Insert or permit to be inserted, any malicious or harmful software into the Sites, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Sites or Third Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Sites; or (c) prevent detection of any unauthorized invasion of the Sites.

  • Use the Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

  • Harvest or collect information about users of the Sites.

  • Interfere with or disrupt the operation of the Sites or the servers or networks used to make the Sites available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.

  • Restrict or inhibit any other person from using the Sites.

  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Sites except as expressly authorized herein.

  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

  • Remove any copyright, trademark or other proprietary rights notice from the Sites.

  • Frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.

  • Systematically download and store Site content.

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Sites, without Emonics LLC’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Emonics LLC grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Emonics LLC reserves the right to revoke such permission either generally or in specific cases, at any time and without notice. 

5. Third-party Materials

 

The Sites may make available or provide links to third-party websites, content, or information (“Third Party Materials”). Emonics LLC does not control and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site does not imply endorsement of or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.

 

6. Indemnification

 

You agree to indemnify, defend, and hold harmless Emonics LLC, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Sites (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without Emonics LLC’s prior written consent. This indemnity obligation shall survive the termination of this Agreement.

 

7. Disclaimer

 

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND Emonics LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

 

While we try to maintain the timeliness, integrity, and security of the Sites, we do not guarantee that the Sites are or will remain updated, complete, correct or secure, or that access to the Sites will be uninterrupted. The Sites may include inaccuracies, errors, and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Sites.

 

Further, without limiting the foregoing, Emonics LLC (a) does not guarantee that you will receive any employment or job offers through the Sites; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Sites. You must use your own judgment in evaluating any prospective employers and any Third Party Materials.

 

8. Limitation of Liability

 

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

 

9. Termination

 

Emonics LLC may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Sites will immediately cease; (b) Emonics LLC may immediately deactivate or delete your user name, password, and account; (c) Emonics LLC will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in Emonics LLC’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.

 

Candidates

 

Registration

 

Once you have created an account(s) with Emonics LLC Direct, a member of the Emonics LLC Direct team (“Success Manager”) may reach out to you via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Success Manager may continue to work with you throughout your use of Emonics LLC Direct.

 

Candidate’s Responsibility

 

Any initial communication between you and any Emonics LLC Direct Customer matched with shall be made exclusively through Emonics LLC Direct. Further communication with Emonics LLC Direct Customer may only take place outside of the Site after a Customer requests an interview with Candidate and Candidate accepts the interview through Emonics LLC Direct. You further agree not to independently attempt to contact any Emonics LLC Direct Customer through an alternative means outside Emonics LLC Direct.

You agree to promptly notify your Success Manager if you accept a job offer. You further agree to provide the details of the position, including, but not limited to, scope of role, total compensation, benefits, and other conditions of employment. Should your employment not commence with the Emonics LLC Direct Customer or is terminated within ninety (90) days from the agreed-upon start, you agree to promptly notify your Success Manager or the Site.