Arbitration Agreement and Waiver of Certain Rights

Arbitration: You and Celebrity Shout Outs agree to resolve any disputes between you and Celebrity Shout Outs through binding and final arbitration instead of through court proceedings. You and Celebrity Shout Outs each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Celebrity Shout Outs relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

 

Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Celebrity Shout Outs will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

 

No Preclusions: This arbitration agreement does not preclude you or Celebrity Shout Outs from seeking action by federal, state, or local government agencies. You and Celebrity Shout Outs each also have the right to bring any qualifying Claim in small claims court. In addition, you and Celebrity Shout Outs each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

 

No Class Representative or Private Attorney General: You and Celebrity Shout Outs each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or Celebrity Shout Outs). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

 

Severability/No Waiver/Survival: If any provision of this Section 17 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 17 will continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 17 will survive the termination of your relationship with Celebrity Shout Outs.

 

30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: Celebrity Shout Outs, c/o Legal Department, 8306 Wilshire Blvd. Suite 721, Beverly Hills, CA 90211. Your notice must include your name and address, any usernames, each email address you have used to submit your Celebrity Shout Outs Video requests or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

 

LIMITATIONS: This Section 17 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or Celebrity Shout Outs would have in court may not be available in arbitration.