Ballet Beauty, LLC (together with our affiliates, “Ballet Beautiful”, “we”, or “us”) provides a personalized online fitness community and related products, services, content and features through: (i) Ballet Beautiful websites, such as those for our studio, our online studio, and boutique, (the “Ballet Beautiful Sites”), (ii) Ballet Beautiful’s studio locations, (iii)mobile, desktop, or device applications (including iOS and Android applications requiring a Ballet Beautiful account to access classes, content, and features (“Apps”)), (iv) digital video discs, and (v) Ballet Beautiful-controlled social media pages (including on Meta, Instagram, YouTube and X). To make these Terms of Service (the “Terms”) easier to read, the Ballet Beautiful Sites, Apps, and Ballet Beautiful-controlled social media pages are collectively called the “Ballet Beautiful Service” or “the Services”. By registering as a Ballet Beautiful Member or by visiting, browsing, or using the Ballet Beautiful Service in any way you (as a “user”) accept and agree to be bound by these Terms, which form a binding agreement between you and Ballet Beautiful.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND BALLET BEAUTIFUL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the Ballet Beautiful Service. Certain elements of the Ballet Beautiful Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Ballet Beautiful Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Eligibility
Subscriber Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Ballet Beautiful subscription and become a Subscriber.
Age Requirement. You must be at least 13 years old to become a Member (as defined in the Membership Terms) or create a Ballet Beautiful account. If you are a parent or legal guardian of a Member or a Ballet Beautiful account holder under the age of 18 years old, you are subject to these Terms and responsible for that Member’s or Ballet Beautiful account holder’s activity on the Ballet Beautiful Service by allowing them to use the Ballet Beautiful Service.
Prohibited Conduct
You may not (i) use this Website, the Ballet Beautiful Sites for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Website, the Ballet Beautiful Sites; (iii) hack, sabotage, vandalize or deface any portion of this the Ballet Beautiful Sites by any means; (iv) introduce any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack or negatively affect the Ballet Beautiful Websites; (v) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, SPAM or other unsolicited commercial communication; (vi) post or transmit any material is patently offensive or that promotes racism, bigotry, hatred or violence or that contains nudity, violence, pornography, sexually explicit material or offensive subject matter; (vii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; (viii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Content on this Website; or (ix) post or transmit any information or material on this Website that violates or infringes any copyright, trademark, patent, intellectual property or other proprietary right of any party.
License To Your Content
By posting, displaying, publishing or transmitting any Content on or through the Website, you grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license to use, publicly display, publish, publicly perform, copy, modify, adapt, translate, create derivative works, store, reproduce, transmit, distribute and sublicense such Content on the Website, in print or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Website, your ability to do so may depend on the location and type of Content and other factors. You may contact us to request the removal of certain Content you have Posted, but we have no obligation to remove such Content, may choose whether or not to do so in our sole discretion, and we make no guarantee as to the complete deletion of any such Content or copies thereof. Furthermore, a back-up copy of Content posted by you may remain on our servers after the Content appears to have been removed from the Website, and we retain the rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on the Website or otherwise have the right to grant the license to us set forth in this section, and (ii) your posting of Content on the Website does not violate the privacy or publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality or any other rights of any third party.
License to Use the Ballet Beautiful Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Ballet Beautiful Service, Ballet Beautiful grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Ballet Beautiful Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content, defined as video, photos, workouts, streamed video, live streamed video, still photography, choreography, routines, blog posts, and tutorials, available on the Ballet Beautiful Service and the right to your personal, non-commercial home use only of DVDs. This license grant is subject to you agreeing to and abiding by the Ballet Beautiful Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Ballet Beautiful.
Restrictions. Except as expressly permitted in writing by an authorized representative of Ballet Beautiful, you will not reproduce, redistribute, sell, transfer, create derivative works from the Ballet Beautiful Service, nor will you take any measures to interfere with or damage the Ballet Beautiful Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Ballet Beautiful Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Ballet Beautiful in these Terms are reserved.
Intellectual Property Infringement Claims
We respect the intellectual property of others, and we ask you to do the same. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Ballet Beautiful Websites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that our use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
Privacy Policy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Ballet Beautiful Sites is subject to our Privacy Statement.
Health Disclaimer
The Website Ballet Beautiful Sites and Ballet Beautiful Service may provide information related to exercise, fitness, diet and nutrition and is intended for your personal use and informational purposes only. You should consult with a physician before beginning any exercise, fitness, diet or nutrition routine, especially if you are pregnant of have pre-existing health conditions. Consulting with a physician is especially important if you are pregnant or have pre-existing health issues. Nothing contained in this Site should be considered as medical advice or diagnosis. Your use of the Ballet Beautiful Sites Website is solely at your own risk.
Minors
The Website is not directed to persons under eighteen years of age. By using the Website or registering as a member, you are representing that you are eighteen years of age or older. If you are younger than eighteen years of age and would like to become a registered member of Website, you are required to have your parent or legal guardian contact us prior to your use of the Website.
Other Sites – Linked Sites
The Ballet Beautiful Sites may contain links to websites that we do not own or operate (“Third Party Websites”). We do not monitor or evaluate Third Party Websites, and we are not in any way responsible for the Third Party Websites. Just because our Website a Ballet Beautiful Site links to a Third Party Websites does not imply in any way that we endorse, support or approve of the Third Party Websites. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
International Use
Due to the global nature of the Internet, you may be able to access this Website in countries outside the United States, and you agree to comply with all laws, regulations and rules regarding your use of the Internet and this Website, regardless of the country you are in when you access this Website. You are contracting with Ballet Beauty, LLC, unless otherwise specified by these terms. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Term and Termination
Term. These Terms begin on the date you first use the Ballet Beautiful Service and continue as long as you have an account with us and/or continue to use the Ballet Beautiful Service.
Termination. Ballet Beautiful may, in Ballet Beautiful’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Ballet Beautiful determines that you have violated these Terms or that your conduct or User Content would tend to damage Ballet Beautiful’s reputation or goodwill. Ballet Beautiful may block your access to the Ballet Beautiful Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Ballet Beautiful will terminate. The following sections survive termination: Privacy Policy, Indemnification and Release, Disclaimer of Warranties, Limitation on Liability, Intellectual Property, Arbitration Requirement & Class Action Waiver, Contracting Entities, Governing Law and Jurisdiction, and all general provisions. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Ballet Beautiful Service. Ballet Beautiful, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
This Terms of Use shall remain in full force and effect as long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. We reserve the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Terms of Use, furnished us with false or misleading information, or interfered with the use of the Website by others.
Service to Prevent Re-registration
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Ballet Beautiful will terminate. The following sections survive termination: Privacy Policy, Indemnification and Release, Disclaimer of Warranties, Limitation on Liability, Intellectual Property, Arbitration Requirement & Class Action Waiver, Contracting Entities, Governing Law and Jurisdiction, and all general provisions. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Ballet Beautiful Service. Ballet Beautiful, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
This Terms of Use shall remain in full force and effect as long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. We reserve the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of
the terms of this Terms of Use, furnished us with false or misleading information, or interfered with the use of the Website by others.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY BALLET BEAUTIFUL AND ITS AFFILIATES “AS IS” AND “AS AVAILABLE.” NEITHER BALLET BEAUTIFUL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE ON THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, BALLET BEAUTIFUL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHERMORE, BALLET BEAUTIFUL DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
To the fullest extent permitted by law:
Ballet Beauty shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Ballet Beautiful Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
Ballet Beauty’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Ballet Beautiful over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Ballet Beautiful’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Ballet Beauty and you.
BALLET BEAUTY AND ITS OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF USE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to defend, indemnify and hold Ballet Beauty (and its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) your use of and access to the Website Ballet Beautiful Services; (ii) your breach of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.
Assignment
You may not assign, transfer or delegate any rights and licenses granted to you hereunder. Ballet Beauty may assign, transfer or delegate any of its rights and obligations hereunder without restriction or limitation.
Waiver and Severability
Ballet Beauty’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of its right to enforce such provision in the future. If any provision of these Terms of Use is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity shall remain in full force and effect.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Ballet Beauty with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating to the same subject matter.
Force Majeure
Notwithstanding any other terms of this Agreement, Ballet Beauty shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable control, including but not limited to, fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.
Governing Law and Venue
This Agreement shall be construed under the laws of the State of South Carolina, without regard to its conflict of laws principles.
Binding Arbitration
ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Content, or Ballet Beautiful connected fitness products, equipment, apparel or accessories (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section, and not in a class, representative or consolidated action or proceeding. You and Ballet Beautiful agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Ballet Beautiful entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that YOU AND BALLET BEAUTIFUL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section, “Binding Arbitration” and its subsections, shall survive the termination of these Terms.
- Exceptions and Opt-out Option. The only exceptions to this Section are the following: You or Ballet Beautiful each may seek to resolve an individual Dispute in small claims court if it qualifies. You or Ballet Beautiful each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to the sub-section “Effect of Changes on Arbitration” below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
- Initial Dispute Resolution and Notification. You and Ballet Beautiful agree that, prior to initiating an arbitration or other legal proceeding, you and Ballet Beautiful will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Ballet Beautiful, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Ballet Beautiful’s Legal Department at the Ballet Beautiful address set out in Section 24 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”). Your Notice to Ballet Beautiful must contain all of the following information: (1) your full name, address, Ballet Beautiful username, and the email address associated with your Ballet Beautiful account; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Ballet Beautiful to disclose information about you to your attorney. After receipt of your Notice, you and Ballet Beautiful shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Ballet Beautiful may initiate an arbitration or other legal proceeding. If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
- Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control. An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section. If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator. Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and Ballet Beautiful agree to a different location or to a virtual hearing. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in “Mass Filing Procedures” below are unenforceable, unconscionable, void, or voidable.
- Mass Filing Procedures. YOU AND BALLET BEAUTIFUL AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Ballet Beautiful’s receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/”) to the extent not contrary to these Terms. If a court determines that this Section is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms. Batching: You and Ballet Beautiful agree that your and other individuals’ claims deemed by Ballet Beautiful a Mass Filing may be filed with NAM in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Ballet Beautiful. After your claim is batched and permitted to be filed as a Demand, you and Ballet Beautiful agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules. First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and Ballet Beautiful shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Ballet Beautiful in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM. Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Ballet Beautiful agree to mediate your claim along with any other unresolved claims included in the Mass Filing (” Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and Ballet Beautiful will pay the mediator’s fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and Ballet Beautiful. Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Mass Filing remain unresolved, you or Ballet Beautiful may opt out of arbitration and elect to have your claim resolved in court consistent with Section 21 of these Terms. You or Ballet Beautiful must exercise this election within 45 days of the completion of Global Mediation. Sequential Arbitration of Remaining Batches: If neither you nor Ballet Beautiful opt out of arbitration, another batch of no greater than 50 individuals’ claims will be selected from the Mass Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Ballet Beautiful. If your claim is included in this next batch of 50 claims, your claim will be filed with NAM, and you and Ballet Beautiful shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved. Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Ballet Beautiful opts out of arbitration.
- Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Ballet Beautiful will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 21. If Ballet Beautiful prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Ballet Beautiful reimbursement from you of Ballet Beautiful’s arbitration filing fees and costs.
- Offer of Settlement. Ballet Beautiful may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Ballet Beautiful’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Ballet Beautiful after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
- Class Action Waiver. YOU AND BALLET BEAUTIFUL AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Ballet Beautiful may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Notwithstanding this provision or any other language in these Terms, you or Ballet Beautiful may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BALLET BEAUTIFUL WAIVE ANY RIGHT TO A JURY TRIAL.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if Ballet Beautiful changes any terms of this Section after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section 20 by sending us written notice, personally signed by you, by certified mail to the attention of Ballet Beautiful’s Legal Department at the Ballet Beautiful address set out for notice of legal claims within 30 days of the date such change became effective, as indicated by the later of (1) the “Last Updated” date of the Terms you seek to reject or (1) the date of Ballet Beautiful’s email to you notifying you of such change. Even if you reject a change, you will remain subject to this Section of the last version of the Terms you had accepted.
- Severability. If any portion of this Section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Section and all other Terms shall continue to be enforceable and valid.
All disputes arising hereunder shall be filed exclusively in South Carolina, including the federal courts therein, and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available.
