Para, Inc. (“Para”) is a Delaware based corporation and provides various online services designed to help gig workers better manage their work, earn more, track their earnings and find new gigs.
Important Notice Regarding Arbitration
When you agree to these terms, by creating an account or by using the Site or any of the Services, you are agreeing, with limited exception, to resolve any disputes between you and Para through binding individual arbitration rather than in court. Please carefully review the section entitled “Dispute Resolution” for details regarding arbitration and the procedure to opt out of arbitration, should you choose to do so.
Changes to Terms and Services
Our Services are evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, updates will be provided either by posting the updated Terms on our Site or App or through other communications. It is important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in the section entitled “Effect of Changes on Arbitration,” you may not use the Services anymore. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice.
By using the Service, you expressly authorize and direct Para and our third-party service providers on your behalf, to electronically retrieve your account information maintained by third-party data sources with whom you have a contractual relationship (“Your Account Information”). You agree that when Para retrieves Your Account Information, Para is acting as your agent, and not as the agent of or on behalf of any third party. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. For purposes of this Agreement and solely to obtain and provide Your Account Information to you as part of the Service, you grant Para a limited power of attorney, and appoint Para as your attorney-in-fact and agent, to access third-party sites, servers, or documents, retrieve Your Account Information, and use Your Account Information.
Who May Use the Services?
Accessing the Services
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Para does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Para reserves the right to modify, revise, or remove the Services we provide, including the Site, at Para's sole discretion without notice. Para may restrict access to some parts of the Site, App, or other Services. Para will not be liable for any outages to the Site or other Services that may occur, for whatever reason.
Subject to your compliance with the Terms, Para grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Para.
Content Ownership, Responsibility and Removal
- Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” specifically means any Content that you, as a visitor or user provide to be made available through the Services including without limitation, any audio, images, video, reviews, ratings, and Feedback (defined below) you provide. Content includes, without limitation, User Content.
- Our Content Ownership: Para does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Para and its licensors exclusively own all right, title, and interest in and to its own Services and Content, including all associated intellectual property rights. You acknowledge that Para’s Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Para’s Services or Content.
- Your Responsibility for User Content: You are solely responsible for all the User Content that you upload, post, provide, or otherwise make available to Para. Please carefully review the representations and warranties related to User Content in the Representations and Warranties section below.
- No Obligation by Para to Monitor User Content: You agree that Para is neither obligated to, nor responsible for, examining, reviewing, approving, or warranting User Content, and that you are solely responsible for your User Content and liable for any complaints or claims related to your User Content.
- Disclosure of User Content: Para reserves the right to access and disclose User Content - to the extent that Para possesses it - if we believe it is necessary to (i) satisfy applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- Rights in Content Granted by Para: Subject to your compliance with these Terms, Para grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display, and print Content made available to you by Para solely in connection with your permitted use of the Services and solely for your non-commercial purposes.
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. Please note though that we may use, copy, modify, or publish Feedback that you send us. (However, to the extent any of your Feedback is made public by Para, we will remove any identifying information about you.) Toward that end, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to any and all intellectual property rights in the Feedback you provide us.
Rights and Terms for the Para App
Rights in App Granted by Para
Subject to your compliance with these Terms, Para grants you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install copies of the App on a mobile device or computer that you own or control and to run such copy solely for your own non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; or (iii) make the functionality of the App available to multiple users through any means. Para reserves all rights in and to the App not expressly granted to you under these Terms. This provision will be updated if and when any of our code is released under an open source license.
Accessing App from App Store
The following terms apply to any App accessed through or downloaded from any app store or distribution Services (such as the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Para, and not with the App Provider, and Para (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Para.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Para will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Your General Representations and Warranties
By using the Services, you expressly represent and warrant that your use of the Services is for your personal use. When using the Services, you agree to comply with all applicable laws. By using the Services, you represent, warrant, and agree to all of the following:
- You are a legal owner of, and that you are authorized to provide us and our third-party service providers with, all account information and login credentials necessary to facilitate our retrieval of Your Account Information and your use of the Service.
- You have all requisite power, authority, and capacity to agree to these Terms on behalf of yourself or the organization that you represent.
- You own all your User Content or you have all rights that are necessary to share any User Content you choose to provide.
- Your User Content does not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will only use the Services for lawful purposes, using only authorized means; you will not use the Services for sending or storing any unlawful material or communications or for deceptive or fraudulent purposes.
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any Content displayed through the Services except for your noncommercial use. This provision will be updated if and when any of our code is released under an open source license.
- You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
- You will only use the Services for your own use and will not resell the Services to a third party.
- You will not conduct any systematic retrieval of data or other Content from Para or any of its Services, and you will not copy any Content displayed through the Services, in any format or media.
General Prohibitions and Para's Enforcement Rights
You agree not to do any of the following, and acknowledge that any of the following conduct is grounds for Account suspension or termination:
- Use, display, or mirror the Services or any element within the Services, Para's name, any Para trademark, logo or other proprietary information, without Para's consent;
- Use the Services in any manner that violates federal, state, local, or international law or regulation, including, without limitation, any laws related to the export of data or software to and from the US or other countries;
- Access, tamper with, or use non-public areas of the Services, Para's computer systems, or the technical delivery systems of Para's providers;
- Impersonate or attempt to impersonate Para, a Para employee, contractor or agent, another user, or any other person or entity;
- Attempt to probe, scan or test the vulnerability of any Para system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Para or any of Para's providers or any other third party (including another user) to protect the Services;
- Attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Services, or any server, computer or database connected to the Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to operate the Services;
- Collect or store any personally identifiable information from the Services; and/or
- Encourage or enable any other individual to do any of the foregoing.
Payments and Payment Services
- General Payment Terms. Para may allow Users to pay for access to certain features, products, or services (“Purchases”). When you make a Purchase we may allow payments through a variety of different methods, including but not limited to app store payments (e.g. via the iOS App Store, or Google Play Store), direct billing via credit or debit card,, and other payment platforms that we may choose to authorize and integrate (“Payment Methods”). When you choose to make a Purchase, your Payment Method will be charged for the amount (and, if applicable, on the schedule) that was presented to you at the time of Purchase, plus any sales or similar taxes that may be imposed on that payment. You hereby authorize us to charge your Payment Method for those Purchases. You understand and agree that, by signing up for a paid version of the Services (or by purchasing any other feature, product, or service that we may make available through the services), you will be authorizing Para and our payment processor to collect, store, transfer, and charge your payment method on file for the agreed upon amount of that transaction. If your primary Payment Method is determined to be expired, invalid, or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available. We reserve the right to revoke access to any feature, product, or service that you have purchased in the event that we are unable to charge your Payment Method for the Purchase that you made. Charges paid by you are final and non-refundable, unless otherwise determined by Para.
- Subscriptions. Certain Para features and functionality are only available to individuals who have Purchased a paid subscription (“Subscriptions”). Subscriptions will consist of a one-time charge, followed by recurring charges (typically monthly recurring charges) as disclosed to you at the time you Purchase the Subscription. By Purchasing a Subscription, you acknowledge that there is an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You agree that we may submit periodic charges (monthly or otherwise, as disclosed) based on your elected subscription plan, without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have canceled your subscription, terminated this authorization, or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could react to your notice. If you subscribed through an “in-app purchase” you can cancel the subscription on your mobile device via the iOS App Store or Google Play Store, or other subscription management settings that your mobile device operating system makes available. If you’re using a Payment Method other than “in app purchases” for your subscription (e.g. debit card, Google Pay, Apple Pay) in order to cancel your subscription or terminate your authorization, you can contact us at email@example.com. Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Subscription fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter). Finally, you understand that recurring Subscription prices may change in the future, provided that Para will give you at least 30 days notice of such change with the option to cancel future payments.
- Promotions and Discounts. Para may offer discounted Subscriptions or other discounts or promotions (“Promotions”) from time to time, which may result in different amounts charged for the same or similar feature, product, or service. Any applicable sales and use taxes and services fees will be calculated based on the discounted Subscription value after the Promotion is applied. Certain Promotions may only be redeemed once you achieve a specified minimum fee threshold, and any sales or use taxes or service fees do not count towards achieving such threshold. Unless otherwise stated by us in writing, you may only use one Promotion at a time and cannot combine Promotions or any other discounted offers. You may not sell or transfer your Promotion. We may modify or cancel any Promotion at any time. If you violate these Terms, Para reserves the right to cancel your Promotion.
For some activities related to the Services, Para may permit you to use your personal computer or mobile device to consent to certain provisions, terms, or agreements. In these cases Para will indicate what action you should take to indicate your agreement and consent (for instance, checking a box, tapping a button that says “Agree”). You agree that by conducting that indicated action, you are providing your electronic signature and agree to be bound by the Terms in such Communication just as if you had signed your name to a paper document.
Endorsements that we use on the Services have been given willingly by our customers and supporters. They have not been paid for by Para.
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination of this Agreement for any reason: (1) all rights granted to you under this Agreement shall terminate; (2) you will immediately cease all use of and access to the Services; and (3) Para may, in its sole discretion, delete your Account or your Content at any time. Upon termination, your accounts with the gig platform companies will will persist subject to the Terms of - and whatever agreements you may have with those - platforms. Sections of this Agreement that are intended by their nature to survive termination, shall survive termination.
The following disclaimers are made on behalf of Para, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
- General: THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- No Tax, Legal, Financial, or Investment Advice: You should not interpret any Content provided by Para as tax, legal, financial, or investment advice. We have no special relationship with or fiduciary duty to you, and your use of the Services does not create such a relationship. You agree and acknowledge that you are solely responsible for conducting legal, accounting, and other due diligence review on the information posted anywhere in the Services.
You agree to indemnify, protect and hold Para and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Para or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of or in connection with: (i) your User Content; (ii) your failure to comply with any of these Terms, including but not limited to your representations and warranties; (iii) your violation of any applicable laws, rules or regulations related to your use of the Services; and (iv) your use of the Services. Para reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Para in asserting any available defenses.
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from Para or anyone calling on its behalf, you expressly consent to be contacted by Para and anyone calling on its behalf for any and all purposes arising out of or relating to this Agreement or your use of the Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), and calls and messages delivered using an auto-telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Para, its agents, representatives, affiliates or anyone calling on its behalf at the specific number(s) you have provided to Para, or numbers we can reasonably associate with your Account (through skip trace, caller ID capture or other means), with information or questions about your Account or use of the Services. You certify, warrant and represent that the telephone numbers that you have provided to us are your correct and current contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes. You consent to receive communications from us in electronic form should we so elect, including any and all disclosures and other communications that are required by law.
Limitation of Liability
NEITHER PARA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARA OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL PARA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED US DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PARA AND YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH ANY AND ALL RELEASES UNDER THIS AGREEMENT, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Para makes no representation that all Services are appropriate or available for use in your jurisdiction. Some products and services may not be available in all jurisdictions. If you choose to access the Site or Services, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations.
Reliance on Information Posted
The information presented throughout the Services is made available for general information purposes only. Para does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents.
Links to Third Party Sites
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge and agree that Para shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any third-party website or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Para may provide you with the option, and use of certain features may require you, to obtain access to services, content, functionality, software and other things developed, provided, or maintained by third parties (collectively, “Third Party Services”). All Third Party Services are provided by third parties and are not under the direction or control of Para. You acknowledge and agree that Para shall not be liable or responsible, directly or indirectly, for Your access to or use of any Third Party Services, including any damages, losses, liabilities, failures, or problems caused by, related to, or arising from any Third Party Services. Your use of and access to any Third Party Services is solely between you and the third party provider of the Third Party Services. Your access to and use of any Third Party Services is subject to any additional terms, conditions, agreements, or privacy policies provided or entered into in connection with the Third Party Services (each, a “Third Party Agreement”). The terms of any Third Party Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Agreement but will not otherwise apply to Your access to or use of the Services. Except as set forth in this Agreement, in the event of a conflict between the terms of this Agreement and a Third Party Agreement, the terms of the Third Party Agreement shall control with respect to Your access to and use of any Third Party Services provided under that Third Party Agreement. This Agreement will continue to control in all other respects.
Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions.
- Mandatory Arbitration of Disputes: You and Para each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, including any dispute relating to these arbitration provisions themselves (collectively, “Disputes”) will be resolved solely by binding individual arbitration and not in a class, representative or consolidated action or proceeding. You and Para agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Para are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-Out: As limited exceptions to subsection (1) above: (i) either of us may seek to resolve a Dispute in small claims court in your county of residence or in the Superior Court of California, County of San Francisco, if all the requirements of the small claims court are satisfied; and (ii) we each retain the right to seek injunctive or other equitable relief from a state or federal court located in Northern District of California specifically to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org within thirty (30) days following the date you first agree to these Terms.
- Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of these arbitration terms.
- Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Class Action Waiver: YOU AND PARA 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. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration: Notwithstanding the provisions of Section entitled “Changes to Terms and Services” above, if Para changes any of the terms of this Section entitled “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Para's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Para in accordance with the Terms of this Section entitled “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Severability: With the exception of any of the provisions in subsection 5 ("Class Action Waiver"), if an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Any notices or other communications provided by Para under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; (ii) by text or phone call; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights
Para's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Para. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms constitute the entire and exclusive understanding and agreement between Para and you regarding your use of the Services, and these Terms supersedes and replaces any and all prior oral or written understandings or agreements between Para and you regarding the use of the Services. This notwithstanding, some parties to these Terms may additionally enter into other agreements with Para that modify or extend the provisions of these Terms.
If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Para's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Para may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Para is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, ethnicity, religion, national origin, age, disability (so long as such disability can be reasonably accommodated), or any other status protected by applicable law. Para encourages all qualified applicants to apply.
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org