Anti-Class Action Provision - Socially Smashing

MANDATORY INDIVIDUAL ARBITRATION

Any dispute, claim, or controversy arising out of or relating to your use of any website, service, product, or consulting engagement of Be Socially Smashing LLC, nicolejolie.com, meetnicolejolie.com, sociallysmashing.com and any other websites we own must be resolved through binding individual arbitration.

CLASS ACTION WAIVER

YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION against Be Socially Smashing LLC, nicolejolie.com, meetnicolejolie.com, sociallysmashing.com and any other websites we own, or any of its owners, members, officers, employees, contractors, or agents. YOU ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY.

INDIVIDUAL BASIS ONLY

All disputes must be brought in your individual capacity only. You cannot:

Join your claim with those of other parties
Participate in a class action lawsuit
Seek relief on behalf of other similarly situated individuals
Consolidate your dispute with others

ARBITRATION RULES

Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Austin, Texas (Travis County). The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

COLLABORATIVE CONSULTING DISPUTES

Given the collaborative nature of our consulting services, disputes typically arise from:

Implementation challenges (client responsibility)
Expectation management (no guarantees provided)
Results attribution (client's efforts determine outcomes)

WAIVER ENFORCEABILITY

If this class action waiver is found unenforceable, the entire arbitration provision shall be void, and disputes will instead be resolved in the state or federal courts located in Travis County, Texas, to whose exclusive jurisdiction and venue you consent. The remainder of this waiver stays in force.

SURVIVAL

This provision survives termination of your relationship with Be Socially Smashing LLC, nicolejolie.com, meetnicolejolie.com, sociallysmashing.com and any other websites we own and applies to all past, present, and future claims.

ACKNOWLEDGMENT

By using our services you acknowledge that you understand this provision and agree to resolve disputes individually through arbitration only. This Anti-Class Action Waiver is incorporated into the Terms of Service and forms part of the agreement between you and Be Socially Smashing LLC.

CONTACT INFORMATION

Attn: Be Socially Smashing LLC
C/O TRUE Space, Inc., 4245 N Central Expy, #492, Dallas, TX 75205
Agent Email: [email protected] Agent Phone: 888-308-8783

Material Modifications Since: Wednesday, July 29, 2026. None