Retail Staffing Solutions Terms of Service Agreement

1. AGREEMENT. In this Terms of Service Agreement (“Agreement”) “you” and “your” refer to each merchandiser or in-store seller, “we”, us” and “our” refer to Retail Staffing Solutions and our affiliates, and “Service” refers to the service that Retail Staffing Solutions provides by helping to link you with partner companies with work in your area by sharing your contact information. This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2. REGISTERING YOUR INFORMATION. You represent that, to the best of your knowledge and belief, the information provided to us by you is true and you are of legal age to offer such information to us. For the services we provide you, there are fees to you at this time. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate (3) pay membership fees at your time of registration and re-registration. You, by completing and submitting this Agreement represent that the statements in your application are true.

3. TERM. You agree that the entire Agreement will remain in full force indefinitely. You may request to have your information removed from further consideration of our Service. Should you choose to have your information removed, you must notify us in writing at: Retail Staffing Solutions; 2012 NW South Outer Road; Blue Springs, MO 64015. Please refer to the notices section for more details. This Agreement shall survive indefinitely, even after you no longer use the Service.

4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in Service, you shall abide by any such revisions or changes. You agree that, by maintaining the registration of your information after modifications to the Agreement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your information be deleted from our systems and terminate your participation in the Service.

5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your information with us, you may re-register with your new information or send us an email to update your information.

6. ANNOUNCEMENTS. Our affiliates and we reserve the right to distribute information about you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature.

7. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Service provided under this Agreement and any breach of this Agreement is solely limited to our maximum liability set forth below. We, and our contractors, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Service or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your information; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement. You agree that we will not be liable for any loss, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed zero ($0.00) dollars.

8. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors, affiliates, and partner companies harmless from all liabilities, claims and expenses, including without limitation Retail Staffing Solutions, and the directors, officers, employees and agents of each of them, including attorney’s fees, of third parties relating to or arising under this Agreement, the Service provided hereunder or your use of the Service, including without limitation infringement by you, or someone else using the Service with your information, or from the violation of any of our rules or Agreement relating to the Service provided. You also agree to release, indemnify and hold us harmless in said events. If we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us that is binding per the Term of this Agreement.

9. NO GUARANTY. You agree that by registering, such registration does not claim to result in work for you.

10. FEES. You agree to immediately pay us, in full, all membership fees as they are represented at the time of purchase. You also acknowledge that all fees are non-refundable and subject to Retail Staffing Solutions Term 9 NO GUARANTY.

11. CREDIT. You acknowledge that the credit you earn via the RSS Referral Incentive Program is subject to the Referral Incentive Program Terms of Service.

12. DISCLAIMER OF WARRANTIES. You agree that your use of our Service is solely at your own risk. You agree that such Service is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, and fitness for a particular purpose. We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services obtained through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

13. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are required to provide us the following information:

i) Your name, gender, city, state and zip code; ii) Your email address and private password; iii) The region in which you live; iv) Your nearest major metros; v) Your areas of coverage; vi) Your experience, qualifications and desired positions. Any other information which we request from you at registration is voluntary. Any voluntary information we request will be used to provide we, and our partner companies, more knowledge about you and that we can improve the contact process and help to find you work in your area.

14. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make registration information you provide available to our company and employees, its affiliates, and partner companies for the purposes set forth in this Agreement. You further agree and acknowledge that we may make your information available as required by law, but not without a proper court order, subpoena, or warrant.

You hereby consent to any and all such disclosures and use of, and guidelines, limits, and restrictions on disclosure or use of, information provided by you in connection with registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your registration information by us.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

15. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the registration.

16. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect indefinitely.

17. NON-AGENCY. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

18. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

19. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us, you shall note that these shall be sent to:

Retail Staffing Solutions; 2012 NW South Outer Road; Blue Springs, MO 64015

20. ENTIRETY. You agree that this Agreement, the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.

21. GOVERNING LAW. This agreement shall be governed by and interpreted and enforced in accordance with the Laws of the State of Missouri and the Federal Laws of the United States of America applicable therin without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Missouri and you irrevocably consent to the jurisdiction of such court

22. INFANCY. You attest that you are of legal age,18, to enter into this Agreement.

23. ACCEPTANCE OF AGREEMENT. You acknowledge that you have read this agreement and agree to all its Terms and Conditions. You have independently evaluated the disability of the service and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.