Company, you are representing to us that you will be able to perform your duties within the guidelines described in this paragraph. You represent further that you have disclosed to the Company any contract you have signed that may restrict your activities on behalf of the Company in any manner.
11. Background Check; Immigration Matters. This offer of employment is subject to proof of your legal right to work in the United States, and your completing Verification Form I-9 and providing appropriate documentation within three (3) days of your start date. Further, the Company reserves the right to conduct background investigations, employment verifications, reference checks and/or additional checks appropriate to your role. This offer and your employment with the Company, therefore, are contingent upon satisfactory results and/or clearance of such items, if any. Any intentional misrepresentation or omission concerning your employment history may result in actions up to and including revocation of this offer or termination of your employment at the Company.
12. Arbitration. You agree that any dispute regarding your employment, including disputes regarding compensation and any and all other conflicts, shall be resolved by final and binding arbitration on an individual basis only, and not on a class, collective, or private attorney general representative basis on behalf of other employees. You and the Company agree to bring any dispute in arbitration before JAMS, pursuant to the JAMS Employment Rules & Procedures (which can be reviewed at http://www.jamsadr.com/rules-employment-arbitration/). You on the one hand, and the Company on the other, waive any rights to a jury trial or a bench trial in connection with the resolution of any dispute under this Agreement (although both parties may seek interim emergency relief from a court to prevent irreparable harm pending the conclusion of any arbitration). This Agreement be construed and interpreted in accordance with the laws of the State of California (but without regard to the conflict of law provision) and the Federal Arbitration Act (FAA). In the case of a conflict, the FAA will control.
13. Miscellaneous. This Agreement, together with the Confidentiality Agreement and the Participation Agreement, constitute the entire agreement between you and the Company regarding the material terms and conditions of your employment, and they supersede and replace all prior negotiations, representations or agreements between you and the Company. This Agreement may be modified only by a written agreement signed by a duly authorized officer of the Company (other than yourself) and you. In case any provision contained in this agreement shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability will not affect the other provisions of this agreement, and such provision will be construed and enforced so as to render it valid and enforceable consistent with the general intent of the parties insofar as possible under applicable law. With respect to the enforcement of this agreement, no waiver of any right hereunder will be effective unless it is in writing. This agreement may be executed in more than one counterpart, and signatures transmitted electronically will be deemed equivalent to originals.
If you wish to accept employment at the Company under the terms described above, please sign and date this letter and the Confidentiality Agreement no later than 5:00pm Pacific, Monday, June 21, 2021. If you do not return these signed documents by this deadline, the Companys offer will expire. If you accept our offer, your hire date and the Effective Date of this Agreement will be Monday, June 28, 2021, or on a date agreed upon by you and the Companys Chief Executive Officer.
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