01 Agreement to terms
These Terms of Service ("Terms") form a legally binding agreement between you ("you" or "User") and Emerson Search LLC, a Delaware limited liability company ("Emerson Search," "we," "us," or "our"), governing your access to and use of our website at emersonsearch.com (the "Site") and all associated services, including recruiting, executive search, contract staffing, and career coaching (collectively, the "Services").
By visiting the Site, providing your résumé or contact details, executing an engagement letter, or otherwise utilizing our Services, you consent to be bound by these Terms and our Privacy Policy. If you do not accept these Terms, please refrain from using our Services.
02 Our services
Emerson Search runs an employment-agency practice that links senior professionals ("Candidates") with employers based in the United States ("Clients"). Our core service offerings include:
- Direct-hire placement — full-time, permanent role placement;
- Contract & contract-to-hire staffing — project-based and temp-to-perm engagements;
- Executive search — retained search for VP- and C-suite roles;
- Career coaching — 1:1 advisory engagements paid separately.
Candidates are never charged for our placement services. Fees are borne by the Client upon successful completion of a placement. Career coaching is an elective, paid service subject to a separate agreement.
03 Eligibility
In order to use our Services, you must:
- Be at least eighteen (18) years of age;
- Be authorized to work in the United States or in the jurisdiction of the role being applied to (or be eligible to obtain such authorization);
- Not be barred from using our Services under applicable US law, sanctions, or by a prior termination of your account;
- Provide accurate, complete, and up-to-date information.
04 Candidate obligations
By submitting your candidacy to Emerson Search, you represent and guarantee that:
- All information you provide (résumé, work history, education, references) is truthful, complete, and accurate;
- You have the legal right to share any third-party information you submit (such as previous employer details);
- You will notify us promptly of any material changes to your circumstances during an active search;
- You will not misrepresent your credentials, work authorization, or employment status;
- You authorize us to share your candidacy with specific Clients only after we have obtained your informed consent for each search.
05 Client obligations
By engaging Emerson Search as a Client, you commit to:
- Provide accurate role specifications, compensation ranges, and hiring timelines;
- Treat all candidates introduced through us with respect and in compliance with all applicable EEO laws (Title VII, ADA, ADEA, GINA, USERRA, and applicable state equivalents);
- Pay our fees promptly per the terms of your engagement letter;
- Not solicit, hire, or contract with our employees or other candidates we have introduced for at least twelve (12) months following our last interaction without our prior written consent;
- Maintain confidentiality of all candidate information shared with you, in compliance with applicable privacy laws.
06 Fees & payment
6.1 — Candidates
Emerson Search does not impose any fees on candidates for placement services. We will never solicit payment for résumé evaluation, interview preparation, or job placement. Any individual claiming to represent Emerson Search who requests money, banking information, or payment of any sort is engaging in fraud — please report it without delay to security@emersonsearch.com.
6.2 — Clients
Client fees are determined by the signed engagement letter between the parties. Typical fee arrangements include:
- Direct-hire: a percentage of first-year base compensation, contingent on successful placement;
- Retained executive search: a three-installment retainer (engagement, shortlist, placement);
- Contract staffing: hourly bill rate with a transparent markup over the contractor’s pay rate;
- Career coaching (when purchased by individuals): fixed-fee program priced per the coaching engagement letter.
All fees are billed in US dollars and due within thirty (30) days of the invoice date unless a different arrangement is agreed upon in writing. Overdue payments accrue interest at 1.5% per month or the highest rate allowed by law, whichever is less.
6.3 — Replacement guarantee
For direct-hire placements, we offer a 90-day replacement guarantee: should a candidate we placed voluntarily depart or be dismissed for cause within 90 days of their start date, we will perform a replacement search at no extra cost. Complete terms are specified in the engagement letter.
07 Intellectual property
All material on the Site — text, graphics, logos, the Emerson Search name and emblem, page designs, software, and underlying code — belongs to Emerson Search LLC or its licensors and is safeguarded by US copyright, trademark, and trade-secret law. You receive a limited, non-exclusive, non-transferable license to access and view the Site solely for personal, non-commercial use.
You may not (i) reproduce, distribute, or create derivative works; (ii) reverse-engineer or attempt to extract source code; (iii) use any data-mining, scraping, or automated extraction tools without our written permission; or (iv) use our name, logo, or branding in any way that suggests endorsement or partnership we have not authorized.
08 Disclaimers
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMERSON SEARCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
We make no guarantee that you will receive an employment offer, that any particular position will remain available, that compensation results will align with your expectations, or that the Site will operate without interruption, remain secure, or be free of errors.
09 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMERSON SEARCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS, GOODWILL, OR DATA) ARISING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED (i) THE FEES YOU HAVE PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE THOUSAND US DOLLARS ($1,000), WHICHEVER AMOUNT IS GREATER.
10 Indemnification
You agree to defend, indemnify, and hold harmless Emerson Search, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to: (i) your breach of these Terms; (ii) your violation of any third-party right; (iii) your violation of any applicable law; (iv) the inaccuracy or incompleteness of any information you provided to us.
11 Dispute resolution
11.1 — Governing law
These Terms shall be governed by and interpreted under the laws of the State of Delaware, excluding its conflict-of-laws provisions. The federal courts of the District of Delaware and the state courts of New Castle County, Delaware shall hold exclusive jurisdiction over any dispute arising under these Terms.
11.2 — Informal resolution
Prior to initiating any formal claim, both parties agree to make a good-faith effort to resolve disputes informally for a minimum of sixty (60) days. Submit a written description of the dispute to legal@emersonsearch.com.
11.3 — Binding arbitration
Should informal resolution prove unsuccessful, any dispute stemming from these Terms shall be settled exclusively through final and binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator in New York, New York. The arbitral award may be confirmed in any court with proper jurisdiction.
11.4 — Class-action waiver
You and Emerson Search agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. No arbitrator may consolidate more than one person’s claims or preside over any form of class or representative action.
12 Termination
We retain the right to suspend or terminate your access to the Services, at our sole discretion and without prior notice, if we determine that you have breached these Terms or applicable law. You may discontinue use of our Services at any time by contacting us at legal@emersonsearch.com. Sections 6 (Fees), 7 (IP), 8 (Disclaimers), 9 (Liability), 10 (Indemnification), 11 (Disputes), and 13 (Miscellaneous) shall survive termination.
13 Miscellaneous
- Entire agreement: These Terms, together with our Privacy Policy and any executed engagement letter, constitute the entire agreement between you and Emerson Search regarding the Services.
- Severability: If any provision is held invalid, the remaining provisions will continue in full force.
- No waiver: Our failure to enforce any right is not a waiver of that right.
- Assignment: You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger or acquisition.
- Force majeure: We are not liable for failures caused by events beyond our reasonable control.
- Updates: We may update these Terms from time to time. Material changes will be posted with a revised "Effective" date and, for active engagements, communicated by email at least 30 days before taking effect.
14 Contact
Any questions regarding these Terms should be addressed to our legal team:
Emerson Search LLC · Attn: Legal Department
110 East 42nd Street, Suite 1400
New York, NY 10017
Email: legal@emersonsearch.com
Toll-free: +1 (866) 519-3742