Terms And Conditions

ONLINE SERVICES AGREEMENT FOR RESTAURANT SERVICES PROVIDER

Dated/Last Update: January 11, 2019

This Online Services Agreement ("Agreement") constitutes a legal agreement between you, an individual ("you") and American Staffing Agency pro LLC. ("American Staffing Agency pro LLC," "we," or "us").

American Staffing Agency pro LLC provides lead generation to independent providers of restaurant services using the Services (as defined below). The Services enable an individual to seek and fulfill requests for restaurant services from an authorized user of the Services. You desire to enter into this Agreement for the purpose of accessing and using the Services.

You acknowledge and agree that American Staffing Agency pro LLC is a technology services provider that does not provide restaurant services.

BY ACCESSING AND USING THE SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THIS AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THIS AGREEMENT, WHICH INCLUDES THE American Staffing Agency pro LLC PRIVACY POLICY AND ALL OTHER POLICIES, RULES, GUIDELINES, TERMS AND CONDITIONS ESTABLISHED FOR THE SERVICES AS SET FORTH THERE IN (COLLECTIVELY "POLICIES"), WHICH ARE INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND Asap staffing Agency LLC. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.

THIS AGREEMENT EXPRESSLY SUPERSEDES PRIOR AGREEMENTS OR ARRANGEMENT WITH YOU. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. American Staffing Agency pro LLC MAY IMMEDIATELY TERMINATE THIS AGREEMENT OR ANY SERVICES WITH RESPECT TO YOU, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE SERVICES OR ANY PORTION THEREOF, AT ANY TIME, FOR ANY REASON.

PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 13.3 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH American Staffing Agency pro LLC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION. BY VIRTUE OF YOUR ELECTRONIC EXECUTION OF THIS AGREEMENT, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.

  1. Definitions
  2. 1. "Customer" means those individuals or entities that have been authorized to use the Services to seek Restaurant Services.
  3. 2. "Device" means a mobile device owned or controlled by you on which the American Staffing Agency pro LLC App has been installed as authorized by American Staffing Agency pro LLC solely for the purpose of providing Restaurant Services, or on which you receive SMS text messaging in connection with providing Restaurant Services and the Services.
  4. 3. "Fee" has the meaning set forth in Section 3.1.
  5. 4. "Individual ID" means the identification and password key that may be assigned by American Staffing Agency pro LLCto you that enables you to use and access the American Staffing Agency pro LLC App.
  6. 5. "American Staffing Agency pro website " means the SMS text messaging platform, mobile application, and/orwebsite(s) provided or utilized by American Staffing Agency pro that enables individuals to access the Services for the purpose of seeking, receiving and/or fulfilling requests for restaurant services, as may be updated or modified from time to time.
  7. 6. "American Staffing Agency pro Data" means all data related to the access and use of the Services hereunder,including all data related to Users (including User Information), all data related to the provision of Restaurant Services via the Services and the American Staffing Agency pro App, and t he Individual ID.
  8. 7. "Restaurant Services" means your provision of restaurant services to Customers via the Services.
  9. 8. "Services" mean American Staffing Agency pro ’s lead generation and related services that enable individuals to seek, receive, provide, fulfill, and/or obtain requests for Restaurant Services by Customers seeking Restaurant Services, which services include American Staffing Agency pro ’s software, websites, payment services as described in Section 4 below, and related support services systems, as may be updated or modified from time to time.
  10. 9. "User" means an end user authorized by American Staffing Agency pro to use the American Staffing Agency pro Agencfor the purpose of seeking, receiving, providing, fulfilling, and/or obtaining Restaurant Services.
  11. 10. "User Information" means information about a User collected by us through the American Staffing Agency pro LLC Appwhich may include a User’s name, location, services sought or provided, and contact information.
  12. Use of the Services.
  13. 1. Eligibility. In order to be eligible to receive requests for Restaurant Services via the Services you must be at least eighteen (18) years old and you must submit an application to American Staffing Agency pro for approval. You represent and warrant that all information you provide in your application and in response to any additional requests from American Staffing Agency pro is complete and accurate. American Staffing Agency pro reserves the right, in its sole discretion, to approve or reject your application for the Services.
  14. 2. Individual IDs. American Staffing Agency pro may issue you an Individual ID to enable you to access and use the American Staffing Agency pro App in accordance with this Agreement. You agree that you will maintain your Individual ID in confidence and not share your Individual ID with any third party. You will immediately notify American Staffing Agency Agency LLC of any actual or suspected breach or improper use or disclosure of your Individual ID or the Asap staffing Agency LLC App.
  15. 3. Provision of Restaurant Services. You may receive Customer requests for Restaurant Services via the Asap staffing Agency LLC App, which may include basic information related to such requested Restaurant Services, such as the quoted pay rate, the type of work requested and the name of Customer. You may choose to accept requests for Restaurant Services that you are willing and able to fulfill via the functionality of the American Staffing Agency p Agency LLC App. You may not accept requests you are not able to or do not intend to fulfill. You will be notified if your acceptance is successful. If your acceptance is successful, American Staffing Agency pro may provide you with certain additional information regarding the request via the American Staffing Agency pro App, such as specific instructions or equipment you should bring with you. You acknowledge and agree that once you have accepted a Customer’s request for Restaurant Services, American Staffing Agency pro may provide certain information about you to the Customer, including your name and contact information. You shall not contact any Customers for any reason except for the purposes of fulfilling Restaurant Services. As between American Staffing Agency pro and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Restaurant Services; and (b) except for the Services, you shall provide all necessary equipment, tools and other materials (such as knives, culinary tools, chef clothing), at your own expense, necessary to perform Restaurant Services.
  16. 4. Insurance. As a condition of using the American Staffing Agency pro App and the Services, you must maintain anadequate Occupational Accident Insurance ("OAI") policy with the minimum coverage levels specified by Asap staffing Agency LLC , as may be updated from time to time. Additionally, you agree to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws. You agree to provide and maintain sufficient evidence of your insurance policy, to update such evidence as applicable, and to provide such evidence to American Staffing Agency pro upon request. If do not maintain sufficient OAI insurance, Asap staffing Agency LLC may deactivate or terminate your access to the American Staffing Agency pro App a nd/or the Services. For details on the minimum coverage levels and how to obtain OAI insurance, see www.pared.com/oai/faq/
  17. 5. Your Relationship with Customers. You acknowledge and agree that your provision of Restaurant Services to Customers creates a direct business relationship between you and the Customer. Your interactions with Customers and/or other third parties found on or through the Services are solely between you and such Customers and/or third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Customer. American Staffing Agency pro is not responsible or liable for the actions or inactions of a Customer in relation to your activities. You shall have the sole responsibility for any obligations or liabilities to Customers or other third parties that arise from your provision of Restaurant Services. You acknowledge and agree that American Staffing Agency pro may release your contact and/or insurance information, if any, to a Customer upon such Customer’s reasonable request. If there is a dispute between Users (including between you and a Customer), or between Users and any third party, you agree that American Staffing Agency pro is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release American Staffing Agency pro , its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
  18. 6. Your Relationship with American Staffing Agency pro . You acknowledge and agree that our provision to you of the American Staffing Agency pro App and the Services creates a direct business relationship between American Staffing A Agency LLC and you. You acknowledge and agree that you are not an employee of American Staffing Agency pro and that American Staffing Agency pro does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Restaurant Services or your acts or omissions. You retain the sole right to determine which requests for Restaurant Services you choose fulfill and when and how often you utilize the American Staffing Agency pro App or th e Services. You retain the option, via the American Staffing Agency pro App, to attempt to accept or to decline or ignore a Customer’s request for Restaurant Services via the Services, or to cancel an accepted request for Restaurant Services via the Asap staffing Agency LLC App, subject to American Staffing Agency pro ’s then current cancellation policies. American Staffing Agency pro ’s current cancellation policies are available at www.pared.com/operator/faq American Staffing Agency pro shall have no right to require you to: (a) display Asap staffing Agency LLC ’s names, logos or colors; or (b) wear a uniform or any other clothing displaying American Staffing Agen Agency LLC’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. For the sake of clarity, you understand that you retain the complete right to; (i) use other software application services in addition to the Services; and (ii) engage in any other occupation or business. American Staffing Agency pro retains the right to, at any time at our sole discretion, deactivate or otherwise restrict you from accessing or using the American Staffing Agency pro App or the Services in the event of a violation of this Agreement, your disparagement of American Staffing Agency pro , your act or omission that causes harm to American Staffing Agency pro’s brand(s), reputation or business as determined by American Staffing Agency pro’s in its sole discretion, or for any other reason at the reasonable discretion of Asap staffing Agency LLC .
  19. 7.Ratings
  20. 7.1. You acknowledge and agree that: (a) after receiving Restaurant Services, a Customer may be asked to provide a rating of you and such Restaurant Services and, optionally, to provide comments or feedback about you and such Restaurant Services, whether through the American Staffing Agency pro App or other means; and (b) after providing Restaurant Services, you may be asked to provide a rating of the Customer and, optionally, to provide comments or feedback about the Customer, whether through the American Staffing Agency pro App or other means. You shall provide your ratings and feedback in good faith.
  21. 7.2. You acknowledge that American Staffing Agency pro desires that Customers have access to high-quality services. In order to continue to receive access to the American Staffing Agency pro App and the Services, you must maintain an average rating by Customers that exceeds the minimum average acceptable rating established by American Staffing Agency Agency LLC , as may be updated from time to time by American Staffing Agency pro in its sole discretion (" Minimum Average Rating"). In the event your average rating falls below the Minimum Average Rating, American Staffing Agency pro LLC will notify you and may provide you, in our discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), American Staffing Agency pro reserves the right to deactivate your access to the Asap staffing Agency LLC App and the Services.
  22. 7.3. American Staffing Agency pro reserves the right to use, share and display your and Customer ratings and comments in any manner in connection with the business of American Staffing Agency pro without attribution to you or your approval. You acknowledge and agree that American Staffing Agency pro is a distributor (without any obligation to verify) and not publishers of your and Customer ratings and comments, provided that American Staffing Agency pro reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or American Staffing Agency pro ’s content policies.
  23. 8.Devices
  24. 8.1. You acknowledge and agree that with respect to any Devices: (i) you are responsible for the acquisition, cost and maintenance of such Devices as well as any necessary wireless data plan; and (ii) American Staffing Agency pro shall make available any mobile application portion of American Staffing Agency pro App for installation on such Device. American Staffing Agency pro hereby grants you a personal, non-exclusive, non-transferable license to install (where applicable) and use the American Staffing Agency pro App on a Device solely for the purpose of pro viding Restaurant Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the American Staffing Agency pro App (or any data associated therewith) with any third party. The foregoing license grant shall immediately terminate and you will delete and fully remove the American Staffing Agency pro App from the Device in the event that you cease to provide Restaurant Services using the Device.
  25. 9. Text Messaging. By signing up to use the Services, you agree that American Staffing Agency pro may send you informational text (SMS) messages as part of the normal business operation of your use of the Services and that use of SMS is necessary to utilize the Services.
  26. Financial Terms. American Staffing Agency pro reserves the right to change the Fee Calculation, including, but notlimited to, the flat dollar amount and/or the basis for the Fee Calculation, at any time in our sole discretion, and American Staffing Agency pro will provide you with notice in the event of such change that would result in a change in the recommended Fee for each instance of completed Restaurant Services. Continued use of the American Staffing Agency Agency LLC Services after any such change in the Fee Calculation shall constitute your consent to such change.
  27. 1. Fee Calculation and Your Payment. In each request for Restaurant Services you receive via the American Staffing AgenAgency LLC App, American Staffing Agency pro will quote the recommended fee for such Restaurant Services, (" Fee"), where such Fee is calculated based upon a flat dollar amount as quoted by American Staffing Agency pro , multiplied by the number of hours spent by you engaged in providing Restaurant Services ("Fee Calculation"). When you complete an instance of Restaurant Services obtained via the Services, you are entitled to charge the applicable Fee to the applicable Customer. You: (i) appoint American Staffing Agency pro as your limited payment collection agent solely for the purpose of accepting the Fee on your behalf via the payment processing functionality facilitated by the Services; and (ii) agree that payment made by Customer to American Staffing Agency pro shall be considered the same as payment made directly by Customer to you. In addition, the parties acknowledge and agree that as between you and American Staffing Agency pro , the Fee is a recommended amount, and the primary purpose of the pre-arranged Fee is to act as the default amount in the event you do not negotiate a different amount. You shall always have the right to charge or negotiate, at your request, a Fee that is more than the pre-arranged Fee (each of (i) and (ii) herein, a "Negotiated Fee"). American Staffing Agency pro LLC shall consider all such requests from you in good faith. American Staffing Agency pro agrees to remit to you on at least a weekly basis: (a) the Fee; and (b) depending on the region, certain taxes and ancillary fees. If you and Asap staffing Agency LLC have separately agreed, American Staffing Agency pro may deduct other am ounts from the Fee prior to remittance to you.
  28. 2. Changes to Fee Calculation. American Staffing Agency pro reserves the right to change the Fee Calculation,including, but not limited to, the flat dollar amount and/or the basis for the Fee Calculation, at any time in our sole discretion, and American Staffing Agency pro will provide you with notice in the event of such change that would result in a change in the recommended Fee for each instance of completed Restaurant Services. Continued use of the Services after any such change in the Fee Calculation shall constitute your consent to such change.
  29. 3. Fee Adjustment. American Staffing Agency pro reserves the right to: (i) adjust the Fee for a particular instance ofRestaurant Services; or (ii) cancel the Fee for a particular instance of Restaurant Services (e.g., Customer is charged for Restaurant Services that were not provided, in the event of a Customer complaint, fraud, etc.). Asap staffing Agency LLC ’s decision to reduce or cancel the Fee in any such manner shall be exercised in a reasonable manner.
  30. 4. Cancellation Charges. You acknowledge and agree that Customers may elect to cancel requests for Restaurant Services that have been accepted by you, whether via the American Staffing Agency pro App or other means, at any time prior to when your provision of Restaurant Services is scheduled to commence. In the event that a Customer cancels an accepted request for Restaurant Services, American Staffing Agency pro may charge the Customer a cancellation fee on your behalf. If charged, this cancellation fee shall be deemed the Fee for the cancelled Restaurant Services for the purpose of remittance to you hereunder.
  31. 5. Receipts. As part of the Services, American Staffing Agency pro provides you a system for the delivery of reports toCustomers regarding the Restaurant Services rendered. Upon your completion of Restaurant Services for a Customer, American Staffing Agency pro prepares an applicable report and submits such report to the Customer via email on your behalf. Such reports are also provided to you via email or online portal. Reports include the breakdown of amounts charged to the Customer for Restaurant Services and may include specific information about you, including your name and contact information. Any corrections to a Customer’s report for Restaurant Services must be submitted to American Staffing Agency pro in writing within three (3) business days after the completion of such Restaurant Services. Absent such a notice, American Staffing Agency pro shall not be liable for any mistakes in or corrections to the report or for recalculation or disbursement of the Fee.
  32. 6. No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, American Staffing Agency pro may seek to attract new Customers to American Staffing Agency p LLC and to increase existing Customers’ use of American Staffing Agency pro ’s mobile application. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
  33. 7. Taxes. You acknowledge and agree that you are responsible for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax on the provision of Restaurant Services.
  34. Proprietary Rights; License.
  35. 1. License Grant. Subject to the terms and conditions of this Agreement, American Staffing Agency pro hereby grantsyou a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use the Services (including the American Staffing Agency pro App on a Device) solely for the purpose of providing Restaurant Services to Customers and tracking American Staffing Agency pro Fees. All rights not expressly granted to you are reserved by American Staffing Agency pro , and its licensors.
  36. 2. Restrictions. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Services or American Staffing Agency pro Ag LLC App in any way; (b) modify or make derivative works based upon the Services or American Staffing Agency pro App; (c) improperly use the Services or American Staffing Agency pro App, including creating Internet "links" to any part of the Services or American Staffing Agency pro App, "framing" or "mirroring" any part of the Services or American Staffing Agency pro App on any other websites or systems, or " scraping" or otherwise improperly obtaining data from the Services or American Staffing Agency pro App; (d) reverse engineer, decompile, modify, or disassemble the Services or American Staffing Agency pro App, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the Services or American Staffing Agency pro App to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services; or (iv) attempt to gain unauthorized access to the Services or its related systems or networks.
  37. 3. Ownership. The Services and American Staffing Agency pro App, including all intellectual property rightstherein, are and shall remain (as between you and American Staffing Agency pro ) the property of American Staffing Agency Agency LLC or its licensors. Neither this Agreement nor your use of the Services or American Staffing Agency pro App conveys or grants to you any rights: (a) in or related to the Services, American Staffing Agency pro App or Asap staffing Agency LLC Data, except for the limited license granted above; or (b) to use or reference in any manner American Staffing Agency pro ’s or its licensors’ company names, logos, product and service names, trademarks, services marks or other indicia of ownership.
  38. 4. Copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable any content posted through the Services that is alleged to be infringing, and to terminate the accounts of repeat alleged infringers, in accordance with the Digital Millennium Copyright Act (the "DMCA"). To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here www.pared.com/copyright/ To learn more about the DMCA, click here.
  39. Privacy.
  40. 1. Privacy. The collection, use, maintenance, disclosure and disposal of User Information, including the collection and use of your personally identifiable information, through the American Staffing Agency pro App and provision of the Services is governed by our Privacy Policy which is incorporated into and is a part of these Terms.
  41. Representations and Warranties; Disclaimers.
  42. 1. By You. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; and (c) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations necessary to provide Restaurant Services pursuant to this Agreement.
  43. 2. Disclaimer of Warranties. American Staffing Agency pro PROVIDES, AND YOU ACCEPT, THE SERVICES AND American Staffing Agency pro APP AN " AS IS" AND "AS AVAILABLE" BASIS. American Staffing Agency pro DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SERVICES AND Asap staffing Agency LLC APP: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY REQUESTS FOR RESTAURANT SERVICES. American Staffing Agency pro FUNCTIONS AS AN LEAD GENERATION AND RELATED SERVICE ONLY AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE USERS WHO MAY REQUEST OR RECEIVE RESTAURANT SERVICES FROM YOU, AND American Staffing Agency pro DOES NOT SCREEN OR OTHERWISE EVALUATE USERS. BY USING THE SERVICES AND American Staffing Agency pro APP, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES OR American Staffing Agency pro APP. NOTWITHSTANDING PARED’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF YOU FOR THE PURPOSE OF ACCEPTING PAYMENT FROM USERS ON YOUR BEHALF AS SET FORTH IN SECTION 3 ABOVE, American Staffing Agency pro EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, ANY USER OR OTHER THIRD PARTY.
  44. 3. No Service Guarantee American Staffing Agency pro DOES NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE SERVICES OR American Staffing Agency pro APP. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR American Staffing Agency pro APP MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE SERVICES OR Asap staffing Agency LLC APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND American Staffing Agency pro IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
  45. Indemnification. You shall indemnify, defend (at American Staffing Agency pro ’s option) and hold harmless Asap staffing Agency LLC, its affiliates, its Customers, and each of the foregoing’s respective officers, directors, employees, agents, successors and assigns from and against any and all claims, liabilities, expenses (including legal fees and costs), damages, penalties, fines, social contributions and taxes arising out of or related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your provision of Restaurant Services or use of the Services (including claims and potential claims from third parties, Users, regulators and governmental authorities), and (c) your violation of this Agreement.
  46. Limits of Liability. American Staffing Agency pro SHALL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR American Staffing Agency pro ’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU PURSUANT TO SECTION 3 ABOVE, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO, IN NO EVENT SHALL THE LIABILITY OF American Staffing Agency pro UNDER THIS AGREEMENT EXCEED THE AMOUNT OF TWENTY FIVE HUNDRED DOLLARS ($2,500.00).
  47. Term and Termination. You shall indemnify, defend (at American Staffing Agency pro ’s option) and hold harmless American Staffing Agency pro and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees and costs), damages, penalties, fines, social contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Restaurant Services or use of the American Staffing Agency pro LLC Services.
  48. 1. Term. This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein.
  49. 2. Termination. Either party may terminate this Agreement: (a) without cause at any time upon seven (7) days prior written notice to the other party; (b) immediately, without notice, for the other party’s material breach of this Agreement; or (c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, American Staffing Agency pro may terminate this Agreement or deactivate your Individual ID immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of American Staffing Agency pro , to provide Restaurant Services, or as otherwise set forth in this Agreement.
  50. 3. Effect of Termination. Upon termination of the Agreement, you shall immediately delete and fully remove the American Staffing Agency pro App from any of Your Devices and cease providing Restaurant Services via the Services. Outstanding payment obligations and Sections 1, 2.5, 2.6, 3.6, 3.7, 4.2, 4.3, 5, 6, 7, 8, 9.3, 10, 12 and 13 shall survive the termination of this Agreement.
  51. Relationship of the Parties.
  52. 1. Except as otherwise expressly provided herein with respect to American Staffing Agency pro acting as thelimited payment collection agent solely for the purpose of collecting payment from Customers on your behalf, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between American Staffing Agency pro and you; and (b) no joint venture, partnership, or agency relationship exists between American Staffing Agency pro and you.
  53. 2. You have no authority to bind American Staffing Agency pro and you undertake not to hold yourself out as anemployee, agent or authorized representative of American Staffing Agency pro . Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of American Staffing Agency pro , you undertake and agree to indemnify, defend (at American Staffing Agency pro ’s option) and hold American Staffing Agency pro and its affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship.
  54. Apple App Store Terms. This Agreement applies to your use of all the Services, including the iPhone, and iPad applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:
  55. 1. Both you and American Staffing Agency pro Agency LLC acknowledge that this Agreement is concluded betweeAsap staffing Agency LLC only, and not with Apple, and that Apple is not responsible for the Application or any content posted to or made available via the Application;
  56. 2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as it is applicable to the Services;
  57. 3. You will only use the Application in connection with an Apple device that you own or control;
  58. 4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  59. 5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  60. 6. You acknowledge and agree that Pared, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  61. 7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, American Staffing Agency pro , and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  62. 8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  63. 9. Both you and American Staffing Agency pro acknowledge and agree that, in your use of the Application, you willcomply with any applicable third party terms of agreement which may affect or be affected by such use; and
  64. 10. Both you and American Staffing Agency pro acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as it is applicable to the Services;
  65. 11. In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
  66. Miscellaneous Terms.
  67. 1. Modification. American Staffing Agency pro reserves the right to modify the terms and conditions of thisAgreement at any time, effective upon publishing an updated version of this Agreement on the portal available to you on the Services. American Staffing Agency pro reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Services, or downloading, installing or using the American Staffing Agency pro App, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fee Calculations. Continued use of the Services or American Staffing Agency pro App after any such changes shall constitute your consent to such changes. Unless changes are made to the arbitration provisions herein, you acknowledge and agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.
  68. 2. Supplemental Terms. Supplemental terms may apply to your use of the Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time ("Supplemental Terms"). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.
  69. 3. Severability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
  70. 4. Assignment. You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your account with the Services, in any way (by operation of law or otherwise) without American Staffing Agency pro ’s prior written consent. American Staffing Agency pro may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
  71. 5. Entire Agreement. This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words "including" and "include" mean "including, but not limited to."
  72. 6. No Third Party Beneficiaries. Except as expressly set forth in Section 11 above regarding the Apple Application, there are no third party beneficiaries to this Agreement and nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
  73. 7. Notices. Any notice delivered by American Staffing Agency pro to you under this Agreement will be delivered byemail to the email address associated with your account or by posting on the portal available to you on the Services. Any notice delivered by you to American Staffing Agency pro under this Agreement will be delivered by contacting American Staffing Agency pro at staff -support@getpared.com.
  74. Governing Law; Arbitration.
  75. 1. The interpretation of this Agreement shall be governed by California law, without regard to the choice or conflicts of law provisions of any jurisdiction. However, the choice of law provision regarding the interpretation of this Agreement is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. This provision is only intended to specify the use of California law to interpret this Agreement and shall not be interpreted as generally extending California law to you if you do not otherwise reside or provide services in California. The failure of Asap staffing Agency LLC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by American Staffing Agency pro in writing.
  76. 2. Other than disputes regarding the intellectual property rights of the parties, any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services may be subject to arbitration pursuant to Section 13.3.
  77. Arbitration Provision.
  78. Important Note Regarding this Arbitration provision: Arbitration does not limit or affect the legal claims you may bring against American Staffing Agency pro . Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved. Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein. Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with American Staffing Agency pro . IMPORTANT: This arbitration provision will require you to resolve any claim that you may have against American Staffing Agency pro on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the arbitration provision. This provision will preclude you from bringing any class, collective, or representative action against American Staffing Agency pro . It also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against American Staffing Agency pro by someone else. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
  79. 3.1. How This Arbitration Provision Applies.
    This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") and evidences a transaction involving commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.
    Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration.
    Such disputes include without limitation disputes arising out of or relating to the interpretation or application of this Arbitration Provision, including the arbitrability of claims, whether an agreement to arbitrate exists and is valid, and whether the agreement to arbitrate covers the claims in question. All such matters shall be decided by an Arbitrator and not by a court or judge.

    Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with Pared, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by American Staffing Agency pro and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.
    This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision.
  80. 3.2. Individual Claims Only.
    All disputes, claims or controversies subject to arbitration as set forth in this Agreement must be submitted to arbitration on an individual basis only and not as a representative, class and/or collective action proceeding on behalf of other individuals. Claims may not be joined or consolidated in arbitration with other disputes brought by or against another user of American Staffing Agency pro , unless agreed to by all parties. You and American Staffing Agency pro agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis. Accordingly,
    (a) There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action ("Class Action Waiver"). The Class Action Waiver shall not be severable from this Agreement in any case in which (1) the dispute is filed as a class action and (2) a civil court of competent jurisdiction finds the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable (and such finding is confirmed by appellate review if review is sought). In such instances, the class action must be litigated in a civil court of competent jurisdiction.
    (b) There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action ("Collective Action Waiver"). The Collective Action Waiver shall not be severable from this Agreement in any case in which (1) the dispute is filed as a collective action and (2) a civil court of competent jurisdiction finds the Collective Action Waiver is invalid, unenforceable, unconscionable, void or voidable (and such finding is confirmed by appellate review if review is sought). In such instances, the collective action must be litigated in a civil court of competent jurisdiction.
    (c) There will be no right or authority for any dispute to be brought, heard or arbitrated as a representative action ("Representative Action Waiver"). The Representative Action Waiver shall not be severable from this Agreement in any case in which (1) the dispute is filed as a representative action and (2) a civil court of competent jurisdiction finds the Representative Action Waiver is invalid, unenforceable, unconscionable, void or voidable (and such finding is confirmed by appellate review if review is sought). In such instances, the representative action must be litigated in a civil court of competent jurisdiction.
    (d) To the fullest extent permitted by applicable law, there will be no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general representative action ("Private Attorney General Waiver"). The Private Attorney General Waiver shall be severable from this Agreement in any case in which a civil court of competent jurisdiction finds the Private Attorney General Waiver is invalid, unenforceable, unconscionable, void or voidable (and such finding is confirmed by appellate review if review is sought). In such instances and where the claims is brought as a private attorney general, such private attorney general claim must be litigated in a civil court of competent jurisdiction.
    Although you will not be retaliated against, disciplined or threatened with discipline as a result of you exercising your rights under Section 7 of the National Labor Relations Act by the filing of or participation in a class, collective, or representative action in any forum, American Staffing Agency pro may lawfully seek enforcement of this Agreement and the Class Action Waiver, Collective Action Waiver, Representative Action Waiver, and Private Attorney General Waiver under the Federal Arbitration Act and seek dismissal of such class, collective, or representative actions or claims. Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver, Collective Action Waiver, Representative Action Waiver or Private Attorney General Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
    The Class Action Waiver, Collective Action Waiver, Representative Action Waiver and Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
  81. 3.3. Limitations On How This Agreement Applies.
    The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply:
    Claims for workers compensation, state disability insurance and unemployment insurance benefits;
    Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission (www.eeoc.gov), the U.S. Department of Labor (www.dol.gov), the National Labor Relations Board (www.nlrb.gov), or the Office of Federal Contract Compliance Programs (www.dol.gov/esa/ofccp). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration;
    Disputes regarding your or American Staffing Agency pro LL C ’s intellectual property rights;
  82. 3.4. Selecting The Arbitrator and Location of the Arbitration.
    The Arbitrator shall be selected by mutual agreement of American Staffing Agency pro and you. Unless you and Asap staffing Agency LLC mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures then in effect will apply, except to the extent those rules conflict with the provisions of this Arbitration Provision. Those rules are available here:
    http://www.jamsadr.com/rules-streamlined-arbitration/
    The location of the arbitration proceeding shall be no more than 45 miles from the place where you last provided restaurant services under this Agreement, unless each party to the arbitration agrees in writing otherwise.
  83. 3.5. Starting The Arbitration.
    All claims in arbitration are subject to the same statutes of limitation and administrative prerequisites that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period and have satisfied all administrative prerequisites applicable to the filing of such claim. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to American Staffing Agency pro shall be provided to Attn.: Will Pacio, American Staffing Agency pro , Inc., 530 Howard Street #400 San Francisco, CA 94105, or pros@pared.com. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.
  84. 3.6. How Arbitration Proceedings Are Conducted.
    In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.
    You and American Staffing Agency pro agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.
    While American Staffing Agency pro will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, American Staffing Agency pro shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.
  85. 3.7. Paying For the Arbitration.
    The cost of arbitration will be paid equally by you and by American Staffing Agency pro except to the extent required by law if you assert a claim under a state or federal statute prohibiting discrimination in employment, or a similar statutory, constitutional, public policy claim, or other claim for which American Staffing Agency pro may be legally required to bear the costs of arbitration (a "Statutory Claim"). In disputes where you assert a Statutory Claim, you will be required to pay only the initial filing fee, to the extent that the filing fee does not exceed the fee to file a complaint in state or federal court, and American Staffing Agency pro will pay for the balance of the arbitrator’s fees and all administrative costs related to the arbitration. The parties will each bear their own costs for legal representation, discovery, deposition, expert witnesses, and other legal costs ordinarily borne by a party in litigation, provided however, that the arbitrator shall have the authority to require one party to pay the costs and fees for the other party’s representation during the arbitration, but only to the extent permitted under relevant federal or state laws, as a part of any remedy that may be ordered.
  86. 3.8. The Arbitration Hearing and Award.
    The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any party will have the right to prepare, serve on the other party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
  87. 3.9. Your Right To Opt Out of Arbitration.
    Arbitration is not a mandatory condition of your contractual relationship with American Staffing Agency pro If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying Asap staffing Agency LLC in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is executed by you, email to staff-support@getpared.com, stating your name and intent to opt out of this Arbitration Provision, or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: Attn: Will Pacio, Pared, Inc., PO Box 193067, San Francisco, CA 94119
    In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Provision and be dated and signed. The envelope containing the letter must be received (if hand-delivered) or postmarked within 30 days of the date this Agreement is executed by you. Your writing opting out of this Arbitration Provision, whether sent by option (1) or option (2), will be filed with a copy of this Agreement and maintained by American Staffing Agency pro . Should you not opt out of this Arbitration Provision within the 30-day period, you and American Staffing Agency pro shall be bound by the terms of this Arbitration Provision. You have the right to consult with the counsel of your choice concerning this Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of this Arbitration Provision.
  88. 3.10. Enforcement of This Agreement.
    This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection 13.3.6, above, in the event any portion of this Arbitration Provision is deemed unenforceable