Anti-class Action Provision

Updated as of: January 1, 2025

Agreement Provision

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles. The Parties consent to exclusive jurisdiction and venue in the federal and state courts sitting in Travis County, Texas. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, Be Socially Smashing, LLC shall be entitled to recover its reasonable attorney’s fees, costs, and other expenses. Client also waives his/her right to bring or participate in a class action against Be Socially Smashing, LLC or its parent, affiliated companies, subsidiaries, agents, officers, and/or principals. Furthermore, you agree that by signing this Agreement you waive the ability to bring a class action suit.

Website Provision

Agreeing to These Terms & Conditions

We offer a range of services depending on your needs. Individuals come to Be Socially Smashing, LLC to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER HTTPS://SOCIALLYSMASHING.COM, OR OUR OTHER SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.