Effective date: March 15, 2023
1. GENERAL; DESCRIPTION OF SERVICES.
b. Cast It Systems, LLC, is also the owner and operator of the website and services located at www.castit.biz (referred to herein as the “Cast It Website”), which is a private and secured online service used by entertainment professionals, such as casting directors, studio executives and producers for their respective casting needs. Since your information and any other content submitted by you through Cast It Talent may also be made available to and shared with the members of the Cast It Website, these terms and conditions shall also govern such uses that may occur in connection with the Cast It Website.
c. Cast It Talent is an online talent listing database and service that serves the actor and casting community by allowing its members to set up personal profiles that can be linked together through networks for the purpose of enabling members to interact with one another for possible casting and employment opportunities and to submit for such opportunities. Cast It Talent members may now or in the future view each others’ profiles, communicate with other members on the Service, and share or submit, for example, photos, biographical information, videos, audition “reels”, resume and promotional materials, for the purpose of facilitating interaction among members. The services provided or offered by the Service are available to you for the duration of the Membership Term.
e. Cast It Talent may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Cast It Talent may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. MEMBERSHIP TERM
3. ACCESS TO SERVICE
b. In registering with Cast It Talent, you will be required to create an account by choosing a username and password. You shall not use another’s account, username or password at any time without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cast It Talent immediately of any breach of security or unauthorized use of your account.
c. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes unless in accordance with the intended purpose of the Service.
4. FEES AND PAYMENTS
5. CONTENT OF SERVICE
a. The contents of the Service are provided AS IS and are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to text, software, photographs, images, illustrations, sounds, music, and videos, also known as the “Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by Cast It Talent or its partners, vendors, licensors agents and/or representatives (whether or not such persons are credited as the provider of the Content). Cast It Talent reserves all rights in and to the Content not expressly granted to you hereunder. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
b. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, broadcast, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 4), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.
c. Copying or storing of any Content for other than personal use is expressly prohibited without the prior written permission of Cast It Talent.
d. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). You may not sublicense, assign or transfer any licenses granted by Cast It Talent, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
6. CONTENT SUBMITTED BY YOU
a. You are solely responsible for the content of any submission you make to the Service. Such content shall include, without limitation, audition “reels”, biographical information, music, videos, sounds, messages, text, files, photos, profiles, likenesses, caricatures, or other media or materials submitted by you and other users (“User Content”) for the purpose of hosting, sharing, displaying or publishing such User Content (“posting”) via the Service. Without limiting the foregoing, for purposes of clarification, User Content shall include any and all content made available through the Service by its users, including, without limitation, actors, agents, managers, studio executives, casting directors and other entertainment professionals (union, non-union, independent or otherwise) and including users of Cast It Talent or users of Cast It which content is made available through Cast It Talent.
d. You may remove any User Content submitted or posted by you to your member profile at any time by: (1) mailing or sending by facsimile transmission a signed and dated copy of a written request with specific reference to the particular User Content you wish to be removed; (2) sending an email notification with such request; or (3) logging in to your online account with Cast It Talent and using the removal/edit prompts contained therein. Cast It Talent shall use its commercially reasonable efforts to remove User Content promptly following its receipt of your request of same, but no later than 10 days from it receipt thereof.
If requesting removal of User Content by mail:
Cast It Talent
3250 Wilshire Blvd
Los Angeles, CA 90010
If requesting removal of User Content by email:
Please note that you may not remove any User Content to which you have granted additional rights such as ownership or exclusive usage rights, pursuant to Additional Terms.
e. Your grant of rights in and to the User Content that you post via the Service shall in no way be construed as an obligation of Cast It Talent to display or otherwise use any item of User Content on the Service. Further, you acknowledge and agree that with respect to your submitting to Cast It Talent any item of User Content via the Service, Cast It Talent has no intent to compensate you in any way and that you have no expectation of any compensation.
f. Cast It Talent, its affiliates and related entities, do not accept unsolicited materials or ideas for use or publication in its publications, broadcast programming, or its digital and electronic media. As such, Cast It Talent, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted or submitted to the Service.
h. In particular, if you are a copyright owner or an agent thereof and believe that any item of User Content or other material on the Service infringes upon your copyrights, you may submit a notification to Cast It Talent of such claim, provided that you must submit your notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent for Cast It Talent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Digital Millennium Copyright Act
CIT has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, (the “DMCA”) and avails itself of the protections under the DMCA. Further, we reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. It is our policy to terminate the access of repeat infringers. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the CIT Services.
Filing a Complaint
If you believe any material on the Services infringes a copyright, you should provide us with a request to takedown the allegedly infringing material in the form of a written letter, sent by regular mail only, (“DMCA Takedown Notice”) that at a minimum includes:
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address (if available);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
- Identification of the copyrighted work or works that were removed by CIT and the location at which the works appeared before they were removed, with information reasonably sufficient to permit us to identify the copyrighted work;
Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or California if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down.
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requesting the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA agent via email at firstname.lastname@example.org or by postal mail as follows:
CASTING NETWORKS, LLC
3250 WILSHIRE BLVD STE 1800
LOS ANGELES, CA 90010
Emails or letters sent to these contact addresses that do not relate to the DMCA will be ignored.
7. NO LIABILITY FOR USER CONTENT AND USER INTERACTION.
a. You understand that when using the Service, you will have access to or otherwise be exposed to User Content from a variety of sources, and that Cast It Talent is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cast It Talent with respect thereto, and agree to indemnify and hold Cast It Talent, its successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
b. It is further acknowledged and understood that the Service may provide features and functionalities that facilitate interactions between users and between users and organizations and/or individuals independent from Cast It Talent and its users.
c. Your interactions with other parties found on or through the Service (i.e. organizations and/or individuals posting for auditions and other solicitations for services), including, without limitation, payment and delivery of goods or services, and any other terms, conditions, obligations, warranties or representations associated with such dealings, are solely between you and such other parties. In that connection, you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other user or third party organization and/or individual found on or through the Service.
d. You agree that Cast It Talent shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on the Service, or between users and any third party, you understand and agree that Cast It Talent is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Cast It Talent, its officers, employees, agents and successors, affiliates, and/or licensors from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service and agree to indemnify and hold Cast It Talent, its officers, employees, agents successors, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related thereto. If you are a California resident, you expressly waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
10. NO PROMISE OF SPECIFIC RESULT
You acknowledge that certain features of the Service may allow or facilitate interaction between and among its users, including between and among actors, agents, managers, studio executives, casting directors and other entertainment professionals. In that connection, Cast It Talent does not promise that you will obtain any specific result (for example, but not limited to, employment or representation) from your use the Service. As such, Cast It Talent specifically disclaims any liability for the actions of any of its users or the information contained on the Service, or for the consequences of any actions taken by you on the basis of the actions of any of its users or the information contained on the Service.
11. ADDITIONAL WARRANTY DISCLAIMER
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Cast It Talent, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Cast It Talent makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to this Service and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of the secure servers of Cast It Talent and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Cast It Talent does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Cast It Talent will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
12. LIMITATION OF LIABILITY
In no event shall Cast It Talent, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of the secure servers of Cast It Talent and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Cast It Talent shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Service is controlled and offered by Cast It Talent from its facilities in the United States of America. Cast It Talent makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. CALIFORNIA LABOR CODE BOND REQUIREMENT
Pursuant to California state law, a $50,000 bond has been posted with the labor Commissioner issued by Vigilant Insurance Company, Bond No. 8304-18-32.
Termination or Cancellation by CN
CIT may restrict, suspend or terminate the Membership of any User who violates these Terms or otherwise abuses or misuses the Services without warning. Such restriction, suspension, or termination, shall be effective immediately or as specified in any notice. In the event that CIT restricts, suspends or terminates your Membership, no refund or credit of any Membership or other fees or exchange of the Services will be offered, except in our sole discretion. If a User whose account has been restricted, suspended or terminated has re-registered or attempts to have re-registered with CIT (including under a new name) that User may be permanently barred from the Services without recourse.
CIT has adopted a policy of terminating accounts of Users (or blocking any associated IP address) and permanently barring without recourse any User who, in CN’s sole discretion, falsely represents that it is an Authorized Representative, Talent Representative, casting director or other Industry Professional, or any User who provides information that is false or misleading.
CIT may also cancel your account (Subscription Membership or any other type of account) at any time for any of the Services for any reason. If CIT cancels your month-to-month membership, prepaid membership or other paid account, you will receive a refund for any months that are not completely used. The amount of such a refund will be calculated by multiplying the monthly rate by the number of months remaining on the account. If CIT cancels during a month that has been partially used, it will nonetheless refund the full amount you paid for that month.
Membership Security and Unauthorized Use
You are fully responsible for all activities conducted through your Membership (including complying with these Terms). During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You must try to choose a strong and secure password and keep your password confidential.
You may not use another Member’s account or password at any time, let an unauthorized third party access your account or use your Membership, or disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your account or password. You will be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership or prove that your account security was compromised due to no fault of your own.
Fees and Billing Information
If you purchase any of our paid Services, on either a one-time monthly basis or recurring monthly billing subscription basis, you agree that CIT (and its authorized service providers) may store your payment card information. CIT will bill you the appropriate fee, applicable taxes and any other disclosed charges for the Services (“Fees”) using the billing information provided by you (“Billing Information”). You agree to pay CIT all Fees at the prices then in effect for your use of the Services using your Billing Information, and you authorize CIT to charge your Payment Provider (“Payment Method”) for the Fees associated with the Services selected. All subscriptions longer than one month will automatically renew at our monthly subscription rate and are billed on a monthly basis and are subject to our Subscription Terms, below and presented as agreed at the time of signup. The terms of your Payment Method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Provider”), which may include additional fees, including foreign transaction fees. If CIT does not receive payment from your Payment Provider, you agree to pay all amounts due on your account upon demand. In the event we have to collect unpaid Fees owed, you will be liable for any collection costs and fees (including reasonable attorneys’ fees). Note that for Services purchased by another party for your account (e.g., by your Talent Representative), the party paying for the Services is responsible for making prompt payment and failure to do so may result in termination of your Membership. All Fees are in US Dollars, unless otherwise indicated, and do not include Internet service provider, telephone, or other connection charges, if any, that are billed by third parties. Depending upon your credit card’s currency and the country in which your card was issued, your credit card provider may impose foreign exchange fees and other fees in accordance with your arrangements with that credit card provider. If you choose a subscription Membership, the Membership will continue on a continuous basis until canceled, as described below. You agree that CIT is authorized to bill you each month using the Payment Method provided.
Subscription Memberships & Cancellation by You
YOU HAVE THE RIGHT TO CANCEL YOUR PREPAID MEMBERSHIPS OR ANY OTHER ACCOUNTS AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 DAYS OF INITIAL PURCHASE. FOR MONTH-TO-MONTH MEMBERSHIPS, YOU MAY OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 24 HOURS OF INITIAL PURCHASE.
After the cancellation period, you may also cancel your account at any time for any of the Services. If you cancel a month-to-month, pre-paid semi-annual or annual subscription, you will avoid future charges but partial months are not refunded. For more information on your Subscription Membership and to cancel your Membership or other account at any point during your subscription term or otherwise, you can contact us at https://support.castingnetworks.com/hc/en-us/requests/new. We will cancel your account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.
Cancelling by email:
(type “notice of cancellation” in subject line”)
Login to your profile. Click on “Account” on the upper right hand side of the profile. Click on “Cancel Account” on the right hand side. Click on the “Confirm” button on the bottom of the page.
17. NOT A TALENT AGENT
19. DISPUTE RESOLUTION
These Terms shall be governed, construed, and enforced in accordance with the laws of the state where the Talent resides, as determined by the address on file with CN, without regard to its conflict of laws rules except that the arbitration provision shall be governed by the Federal Arbitration Act as stated herein.
Notice of Claims
In the event a dispute arises between you and CN we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute through arbitration. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim (as defined below) and setting forth the specific relief sought. All Notices of Dispute with CN shall be sent to the following address: Casting Networks, LLC, Attn: Dispute Resolution, 3250 Wilshire Blvd Ste. 1800, Los Angeles, CA 90010 USA.
All notices to Users will be sent to the email or street address provided in the User’s account. Upon receipt of such Notice of Dispute, the other party shall have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or CN may commence an arbitration proceeding in accordance with the following procedure. This notice requirement is a condition precedent to any arbitration proceeding, as described below.
Arbitration and Class Action Waiver
YOU AND CN AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, MISREPRESENTATION, FRAUD OR OTHER LEGAL THEORY OR CAUSE OF ACTION, STATUTE, OR OTHERWISE RELATING TO THE SERVICES (“CLAIMS”) WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. HOWEVER, YOU OR CN MAY BRING ANY CLAIM IN SMALL CLAIMS COURT CONSISTENT WITH THE APPLICABLE JURISDICTIONAL LIMITS. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, JUST AS A COURT WOULD, THE ARBITRATOR MUST HONOR THESE TERMS. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH SOME EXCEPTIONS UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BY AGREEING TO THESE TERMS, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Any Claim must be brought in the parties’ individual capacity in arbitration, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU AND CN UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and CN agree that there will not be a jury trial. You and CN unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
Unless otherwise agreed to by you and CN in writing or for individual claims brought by you or CN in small claims court, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS, or another established alternative dispute resolution (“ADR”) provider, chosen by CN, who is licensed to practice law. The arbitration proceeding will be located in Los Angeles, California, and for any non-frivolous demand, CN will: (1) pay the costs of the arbitration up to $10,000; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event CN prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses (as applicable) and will be conducted in accordance with JAMS rules. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by these Terms or otherwise agreed to by you and CN in writing. The JAMS rules are available on its website at www.jamsadr.com . To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause in this Dispute Resolution provision regarding the Class Action waiver.
Any claim or action for (i) indemnification, (ii) any violation of CN intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.
This arbitration provision shall survive termination of these Terms, including the termination of any relationship between you and CN.
If any provision of this Section is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that should the provision on class action waiver for any Claim be found to be unenforceable by a court of law, then the provision to arbitrate will not apply.