Creator Program Terms of Service
Acceptance of these Creator Terms of Service. These Creator Program Terms of Service (the “Creator Terms”) are entered into by and between you (the “you” or “your”) and 24LA, LLC (“24LA,” the “Company,” “we” or “us”). The following provisions, together with any other applicable terms that govern your participation in the Creator Program govern your participation in the Creator Program offered by 24LA.
The following additional terms (the “Applicable Terms”) apply:
- If you use CommentSold Core services, you are subject to the CommentSold Merchant Agreement Terms of Service, found at: https://commentsold.com/terms
- If you license CommentSold Core, Videeo, or Videeo for Shopify services via an Order Form, you are subject to the CommentSold Main Services Agreement, found at: https://commentsold.com/legal/main-terms, and the Software Services Terms, found at: https://commentsold.com/legal/software-terms.
- If you use the Popshoplive service, you are subject to the Popshoplive Terms of Service, found at: https://join.popshop.live/terms-of-service.
Please read this document carefully before you join the Creator Program. By participating in the Creator Program, you accept and agree to be bound and abide by the Creator Terms, which are entered into pursuant to, and are governed by, the Applicable Terms. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed in the Applicable Terms. Except as expressly set forth in these Creator Terms, all other terms, conditions and obligations of the Applicable Terms remain wholly unchanged and in full force and effect. In the event of a conflict between the terms of the Applicable Terms and the terms of the Creator Terms, the terms of the Creator Terms shall prevail but solely with respect to the provisions of the Creator Terms.
Changes to the Creator Terms. We may revise and update these Creator Terms from time to time in our sole discretion by notifying you by email at the address provided by you. All changes are effective immediately when we post them and apply to all access and participation in the Creator Program thereafter. Your continued participation in the Creator Program following the posting of revised Creator Terms means that you accept and agree to the changes. You are expected to check the Creator Terms and the Applicable Terms frequently so you are aware of any changes, as they are binding on you.
Creator Obligations. During the Term, you understand and agree to comply with the following requirements:
Broadcasting Schedule. You must notify 24LA of your intention of going live, with the dates and the time you will begin broadcasting, for the upcoming week(s) with a minimum of one (1) week prior notice.
Location for Broadcasting.
- You agree to broadcast your live-selling and other sponsored shows from the Santa Monica Studio or other location that meets industry accepted standards, including your own home or studio (or other locations that are not the Santa Monica Studio), so long as you obtain prior consent of 24LA. Your Creator Platform Fee gives you access to our Santa Monica Studio.
- You understand that the 24LA Properties may decline to approve a location, in its sole discretion.
Other Obligations. You understand and agree that, while participating in the Creator Program, you are not to directly, or indirectly, promote any competitors to the 24LA Properties, or other creators that utilize other live-selling platforms competing with 24LA Properties.
Social Media Posts. During the Term, you agree to publish social media posts (“Posts“) on your personal social media profiles (including but not limited to: Twitter, Instagram, TikTok and Facebook) about the Creator Program or other offerings by the 24LA Properties, in your discretion, subject to the terms of your Agreement. We will provide you with background materials, so you can create Posts (to be approved by us) that promote the Creator Program and the 24LA Properties. All Posts will meet the following requirements:
- Your Posts must comply with the Federal Trade Commission’s (the “FTC“) Guides Concerning Endorsements and Testimonials (“Endorsement Guides“), for which we provide you a link in Addendum A. You must clearly and conspicuously disclose your “material connection” with us, making it clear that you are a paid creator. You must place the disclosure in plain sight in close proximity to any audio or visual communications that you make about us, our brands, our products, and services. We require this disclosure regardless of any space limitations of the platform (like Twitter), where you can use hashtags for the disclosure (like #ad or #sponsored).
- Your Posts should only include factual statements about the 24LA Properties and our commercial offerings which you know for certain are true and 24LA can prove or verify.
- Your Posts will not include any person, or personally identifiable information about anyone, other than you unless you receive our prior approval.
- Your Posts will comply with the rules of the applicable social media platforms.
- Your Posts will comply with our standards of conduct set out in Addendum A to these Creator Terms and any other policies we provide you.
Fees, Payment, and Payouts. You understand and agree that pursuant to your participation in the Creator Program, there are certain beneficial payouts you will receive and fees you are obligated to pay.
Creator Merchandise Sale Payouts. You will receive payments for merchandise sales under the Creator Program, which shall be calculated according to the following: (x) “24LA Dropship Margins” (defined as gross item price of all products sold less discounts, credits, promotions, refunds and returns, any chargebacks and disputes (if applicable), product costs, and PSL commission and payment processing fees) for all dropship orders sold by you on PSL minus (y) “24LA Dropship Management Fees” which shall be calculated as 5% of the gross item price of each Dropship item sold (before discounts) and is billed per order. This fee is for services including but not limited to dropship product procurement, merchandising, product return management, and customer service.
Creator Merchandise Sale Payout Mechanism. The following payout mechanisms and frequencies shall be determined at 24LA’s sole discretion and may be subject to change, upon prior notice to you. Subject to the Creator’s satisfactory completion of onboarding requirements through 24LA’s designated third-party payment software, payouts will be made via ACH directly to a Creator’s bank account. Payouts occur once a week and are paid two weeks in arrears, upon the placement and fulfillment of a given order. For further clarity, all orders placed during Monday-Sunday of a given week (week 1) would be eligible for payout on the Tuesday of week 3 to the extent such orders have been fulfilled. Any orders not yet fulfilled in a given week would be eligible for payout in a subsequent week upon fulfillment. Notwithstanding any of the foregoing, to account for potential refunds, returns, disputes and chargebacks, 10% of the total potential Creator Merchandise Sale Payout amount shall initially be held back and then released thirty (30) days after the order date and included on the subsequent weekly payout; provided that the holdback amount and duration is subject to change from time to time as determined solely by 24LA, upon prior notice to you.
Creator Platform Fees. You understand that PSL may implement a monthly platform management fee (the (“Creator Platform Fee”). In the event that PSL intends to implement the Creator Platform Fee, we will give you 30 days written notice before doing so.
Ownership; Grant of Rights.
- The 24LA Properties are and will be the sole and exclusive owner of all right, title, and interest in and to the use of our technology. 24LA Properties hereby grants you a limited, non-exclusive, royalty-free, non-transferable, non-assignable, non-sublicensable, revocable right and permission to use 24LA Properties’ name, logo, and trademarks solely as necessary to produce Posts, and only in the format approved by 24LA Properties without alteration by you.
- You hereby (a) irrevocably and in perpetuity, throughout the universe, grant 24LA Properties a license and right to use, alter, combine, and reuse your Posts for commercial or noncommercial purposes, which among other things gives 24LA Properties the right to use your Posts, in whole or part, as original or altered or combined with other content, on its social media, marketing, or other advertising materials; and (b) irrevocably waive any and all claims you may now or hereafter have in any jurisdiction to so-called “moral rights” or other rights of attribution with respect to the Posts. You understand and agree that Posts may be shared by consumers or third parties, and that 24LA Properties does not control, and is not responsible, for such third party use (including any alteration thereto).
Use of Your Name, Likeness, and Information. You hereby grant to the 24LA Properties, and each of their respective direct and indirect successors, licensees, and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available)/provided by you from time to time (collectively, “Likeness“) in connection with the Creator Program, the Posts, and any derivative works we make from the Posts, including to advertise and promote the same or anything that features or includes work products or a derivative work of the Creator Program, in whole or in part. You waive the right to inspect or approve any use of your Likeness as contemplated in these Creator Terms.
Confidentiality. You understand that you may be exposed to information about the 24LA Properties, the Creator Program, our products, services, and ideas that may not have been disclosed to the public (collectively, the “Confidential Information”). You agree to maintain the confidentiality of all Confidential Information disclosed to you (or which otherwise becomes available to you) in connection with your participation in the Creator Program and will hold all Confidential Information in strict confidence. You further agree to refrain from disclosing or using Confidential Information for any purpose other than participating in the Creator Program. The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for two (2) years thereafter.
Non-Disparagement. You further understand and agree that you will not make any knowingly or recklessly false or misleading public or private statements concerning any of the 24LA Properties, any events, marketing campaign, or any product or service in any way associated with the 24LA Properties.
Representations and Warranties. By providing the Posts to us, you represent and warrant that the Posts:
- Contain your original work;
- have not been, and prior to our publication of them will not be, published or otherwise made publicly available, in whole or in part;
- are not libelous or otherwise defamatory; and
- do not, and our use or them will not, infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property right, or any right of publicity or privacy.
You further represent and warrant that you will comply with all applicable laws in your provision of services and deliverables under this Agreement.
Indemnification. You agree to indemnify, defend, and hold harmless the 24LA Properties and our parents, subsidiaries, affiliates and their officers, directors, shareholders, employees, members, and agents, from and against any claims, demands, judgments, damages, liabilities, settlements, losses, taxes, fines, penalties, costs, and expenses, including attorneys’ fees and disbursements (collectively, a “Claim”), arising from, or relating to: (i) any breach by you of your representations, warranties, or other obligations hereunder; (ii) 24LA Properties’ use of your Posts; (iii) the services or deliverables hereunder; (iv) your negligent or intentional acts or omissions. 24LA Properties agrees to indemnify, defend, and hold harmless you for Claims arising from, or relating to: (iv) 24LA Properties’ breach of its representations, warranties, or other obligations hereunder; or (v) its unauthorized use of your Posts. The indemnifying party will not settle or compromise any Claim, or consent to the entry of any judgment, without written consent of the indemnified party, which will not be unreasonably withheld. The indemnified party will reasonably cooperate with the indemnifying party in the defense of a Claim. Either party shall provide the other party with prompt written notice of a Claim.
Non-Interference. During the Term of your participation in the Creator Program, and for a period of one (1) year thereafter, you agree not to solicit or induce any creators, influencers, clients, employees, or independent contractors of the 24LA Properties to terminate or breach an employment, contractual, or other relationship with any of the 24LA Properties.
Termination. You may terminate your participation in the Creator Program if we commit a material breach of these Creator Terms and fail to cure the breach within 30 days of receiving notice of the breach from you. We may terminate your participation in the Creator Program immediately on written notice to you if you materially breach these Creator Terms. 24LA may terminate your participation in the Creator Program immediately on written notice to you for any reason. You may terminate your participation in the Creator Program for any reason upon thirty (30) days written notice to 24LA.
Relationship of the Parties. You understand that you are an independent contractor of 24LA, and your Agreement does not create any association, partnership, joint venture, employee, or agency relationship between you and us for any purpose. You have no authority (and will not hold yourself out as having authority) to bind any of the 24LA Properties and will not make any agreements or representations on our behalf without our prior written consent. We are not responsible for withholding or paying any income, payroll, Social Security, or other taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on your behalf. You are solely responsible for all such taxes and contributions, including penalties and interest. You are not eligible under this Agreement to participate in any of our employee benefits, such as time off, medical, profit sharing, or retirement benefits. As an independent contractor, you further represent and warrant: you possess the skills and resources needed to perform the services and complete the deliverables hereunder, without training from 24LA Properties; you provide the tools and equipment necessary to complete services; you are customarily engaged in your own independent trade, business, or occupation; you are responsible for your profit and loss; you regularly hold yourself out to provide such services to other companies and/or the public; you decide when and how often to offer services in your business, including under this Agreement; you are free to accept or reject opportunities to provide your services, subject to completing any services or deliverables to which you commit.
- This Agreement is personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under this Agreement. Any attempt to assign, delegate, or transfer in violation of this paragraph is void. 24LA may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement. This Agreement is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
- This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby.
- If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement contains the entire Agreement between you and24LA and supersedes any oral or written statements made by or to you in connection with the Creator Program. This Agreement may not be modified except by a written Agreement that is signed by an authorized representative of 24LA Properties.
- The Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof, and may not be modified except as agreed to in writing and signed by both Parties.
Arbitration. In order to participate in the Creator Program, you must also agree to the Mutual Arbitration Agreement, provided as Addendum B. You should read the Mutual Arbitration Agreement carefully as it may affect your rights.
Standards of Conduct
With respect to promotional messages, photos, or other communications made on social media platforms about 24LA and its affiliates, all creators must adhere to the following standards:
- You must comply with the Federal Trade Commission’s (the “FTC“) Guides Concerning Endorsements and Testimonials (https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255), including making:
- statements that reflect your honest beliefs, opinions, and experiences; and
- clear and conspicuous disclosure about your connection to us in all of your posts.
- To better understand your responsibilities under the Endorsement Guides, you must review:
- The FTC’s Endorsement Guides: What People Are Asking (https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking).
- FTC: The Do’s and Don’ts for Social Media Influencers (https://www.ftc.gov/news-events/news/press-releases/2017/09/csgo-lotto-owners-settle-ftcs-first-ever-complaint-against-individual-social-media-influencers).
- FTC: Disclosures 101 for Social Media Influencers (https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers).
- FTC: Do you endorse things on social media? (https://www.ftc.gov/media/71405).
- You may not:
- make deceptive or misleading claims about the 24LA Properties;
- make any claims about our products or services or our competitors’ products or services that are not backed up by evidence;
- disclose any of our confidential information;
- disparage the 24LA Properties or our brands, products, and services;
- engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity, or other intellectual property rights of others;
- offer for sale or solicit products on behalf of the 24LA Properties;
- make offensive comments that have the purpose or effect of creating an intimidating or hostile environment;
- post content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- use ethnic slurs, personal insults, obscenity, or other offensive language; and
- make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving the 24LA Properties ‘s consumers or other individuals.
- You must adhere to:
- any additional guidelines provided by the 24LA Properties such as [product/service/brand]-specific program requirements and our Social Media Endorsement Policy.
- You must not create fake followers or engagement on social media platforms, such as:
- buying followers;
- using bots to grow audience size by automating account creation, following, commenting, and liking; or
- post fake sponsored content.
- 24LA Properties reserves the right to request that you take down any Post or other content and you will promptly comply with that request.
- Your Posts should be authentic, and in doing so they must meet the highest professional standards and contribute to the goals of the Creator Program. Your Posts shall:
- Only include honest expressions of your actual personal opinions, findings, beliefs and/or experiences.
- Represent only your own opinions, and not represent that your opinions are those of 24LA Properties.
Your Posts shall NOT:
- Include content related to narcotics use or abuse of prescription drugs, alcohol, or other controlled substances.
- Promote an unsafe environment, state, or actions.
- Include comments that are illegal, or to a reasonable person may be interpreted as, harassing, discriminatory, insulting, inflammatory, obscene, an invasion of privacy, or defamatory.
- Use profanity, or alternate characters or abbreviations that represent profanity.
- Promote illegal activities.
- Reference 24LA Properties’ competitors.
MUTUAL ARBITRATION AGREEMENT
1. Application of this Agreement. This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and evidences a transaction involving commerce. Contractor (sometimes also referred to as “you” or “your”) and 24LA, LLC or one of its affiliates, subsidiaries, or parent companies (“the Company”) specifically acknowledge and agree that nothing in this Agreement, including without limitation, referencing the types of claims covered by this Agreement, is intended in any way to create an employment relationship or imply that Contractor is an employee of the Company. Contractor acknowledges, agrees and represents that no employment relationship exists between Contractor and Company. Contractor is a professional that provides services to the Company as an independent contractor and/or as an employee of a contractor, staffing agency, or professional employer organization.
Except as it otherwise provides, this Agreement applies to any dispute arising out of or related to Contractor’s relationship and performance and/or termination and/or work services with the Company and/or any type of claim arising out of an alleged employment relationship. Except as otherwise provided in this Agreement, the Parties voluntarily acknowledge this Agreement applies to any dispute, past, present, or future, the Company may have against you or you may have against: (1) Company; (2) its officers, directors, principals, shareholders, members, owners, employees, or agents; (3) Company’s benefit plans or the plan’s sponsors, fiduciaries, administrators, affiliates, or agents; and (4) all successors and assigns of any of them. Each and all of the entities or individuals listed in (1) through (4) of the preceding sentence can enforce this Agreement. All disputes covered by this Agreement will be decided by a single arbitrator through final and binding arbitration and not by way of court or jury trial.
Except as it otherwise provides, this Agreement is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration, including without limitation, disputes arising out of or relating to the application for employment, background checks, privacy, employment relationship, or the termination of that relationship (including post-employment defamation or retaliation), trade secrets, unfair competition, breach of contract (express or implied), compensation, classification, minimum wage, expense reimbursement, overtime, breaks and rest periods, or retaliation, discrimination, or harassment and claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, Civil Rights Act of 1964, 42 U.S.C. § 1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, 8 U.S.C. § 1324b (unfair immigration related practices), 41 U.S.C. § 4712, Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers’ Benefit Protection Act, Occupational Safety and Health Act, Family and Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Consolidated Omnibus Budget Reconciliation Act of 1985, the False Claims Act, and state statutes or regulations, if any, addressing the same or similar subject matters, and all other federal or state legal claims (including without limitation torts or common law actions) arising out of or relating to your application, selection, employment, or the termination of work services. Additionally, any claims or disputes regarding Your work and/or alleged employment status with Company, including without limitation any claims that a Contractor should be classified as an employee of Company is arbitrable and covered under this Arbitration Agreement.
The Arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability, or waiver of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. However, the preceding sentence does not apply to the Class and Collective Action Waivers or California Private Attorneys General Act Individual Action Requirement below. Notwithstanding any other language in this Agreement and/or any rules or procedures that might otherwise apply by virtue of this Agreement (including without limitation the JAMS Rules discussed below) or any amendments and/or modifications to those rules, any claim that the all or part of the Class and Collective Action Waivers or California Private Attorneys General Act Individual Action Requirement are unenforceable, inapplicable, unconscionable, or void or voidable, will be determined only by a court of competent jurisdiction and not by an Arbitrator.
2. Limitations On How This Agreement Applies. The following claims are not covered under this Agreement: (i) Workers’ Compensation benefits, state disability insurance benefits or unemployment insurance benefits; however, the Agreement applies to discrimination or retaliation claims based upon seeking such benefits; and (ii) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement. If any claim(s) not covered under this Agreement above are combined with claims that are covered under this Agreement, to the maximum extent allowed under applicable law, the covered claims will be arbitrated and continue to be covered under this Agreement.
This Agreement also does not apply to claims between you and the Company pending in a state or federal court or arbitration as of the date of your receipt of this Agreement (“pending claim”). However, if the pending claim is subject to a prior or existing agreement to arbitrate, that agreement will remain in full force and effect and continue to apply to the pending claim.
Nothing in this Agreement prevents you from making a report to or filing a claim or charge with a government agency including, without limitation, the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration, or law enforcement authorities. Nothing in this Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Agreement. This Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Agreement. Nothing in this Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. The Company will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. This Agreement also does not prevent or prohibit you in any way from reporting, communicating about, or disclosing claims for discrimination, harassment, retaliation, or sexual abuse.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed a waiver of this Agreement to arbitrate. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
3. Arbitration Procedures and Selection. Unless you and the Company mutually agree otherwise, the Arbitrator shall be an attorney experienced in arbitrating employment law disputes and licensed to practice law in the state in which the arbitration is convened or a retired federal or state judicial officer from any jurisdiction. The location of the arbitration proceeding shall take place in the same county and state where you last worked for the Company, unless each party to the arbitration agrees in writing otherwise.
The arbitration will be administered by JAMS, and except as provided in this Agreement, will be under the then current JAMS Comprehensive Rules and Procedures (“JAMS Rules”), which are available through Human Resources or via the internet at https://www.jamsadr.com/adr-rules-procedures/ or by using a service such as www.google.com to search for “JAMS Comprehensive Rules and Procedures;” provided, however, that if there is a conflict between the JAMS Rules and this Agreement, this Agreement shall govern.
The parties shall attempt to mutually choose an Arbitrator, but in the event the parties do not mutually choose an arbitrator, the Arbitrator will be selected pursuant to the JAMS Rules as follows: JAMS will give each party a list of nine (9) arbitrators (who are subject to the qualifications listed in the preceding paragraph) drawn from its panel of arbitrators. Each party will have ten (10) calendar days to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all Parties, that individual will be designated as the Arbitrator. If more than one common name remains on the lists of all Parties, the Parties will strike names alternately from the list of common names by telephone conference administered by JAMS with the party to strike first to be determined by a coin toss conducted by JAMS until only one remains. If no common name remains on the lists of all Parties, JAMS will furnish an additional list of nine (9) arbitrators from which the Parties will strike alternately by telephone conference administered by JAMS with the party to strike first to be determined by a coin toss conducted by JAMS until only one name remains. That person will be designated as the Arbitrator. If the individual selected cannot serve, JAMS will issue another list of nine (9) arbitrators and repeat the alternate striking selection process. If for any reason JAMS will not administer the arbitration consistent with this Agreement, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral Arbitrator.
The Arbitrator may award any remedy to which a party is entitled under applicable law, and remedies will be limited to those that would be available to a party in his or her individual capacity for the claims presented to the Arbitrator, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The Arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted. Either party may file dispositive motions including, without limitation, a motion to dismiss and/or a motion for summary judgment, and the Arbitrator will apply the standards governing such motions under the Federal Rules of Civil Procedure. A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure.
4. Starting The Arbitration. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first-class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Company shall be provided to the Chief Legal Officer of 24LA at firstname.lastname@example.org. You will be given notice of any demand for arbitration by the Company at the last home address you provided to the Company. The demand for arbitration must be signed by the party making the demand for arbitration. The Arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
5. Class and Collective Action Waivers. The Company and you agree to bring any claim on an individual basis and not as a class or collective action. Accordingly,
(a) There will be no right or authority for any dispute to be brought, heard or arbitrated as a class action and the Arbitrator will have no authority to hear or preside over any such claim (“Class Action Waiver”). The Class Action Waiver shall be severable from this Agreement if there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the class action must be litigated in a civil court of competent jurisdiction – not in arbitration.
(b) There will be no right or authority for any dispute to be brought, heard or arbitrated as a collective action and the Arbitrator will have no authority to hear or preside over any such claim (“Collective Action Waiver”). The Collective Action Waiver shall be severable from this Agreement if there is a final judicial determination that the Collective Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the collective action must be litigated in a civil court of competent jurisdiction – not in arbitration.
6. California Private Attorneys General Act (“PAGA”) Individual Action Requirement. The Company and you agree to arbitrate PAGA claims on an individual basis only. Therefore, any claim by you under PAGA to recover unpaid wages, civil penalties, or any other individual relief must be arbitrated under this Agreement. The Company and you also agree that your non-individual PAGA claims will be stayed and you will not pursue any non-individual PAGA claims in Court until after the Arbitrator makes a final determination as to your status as “aggrieved,” and, then, only if the determination is that you were “aggrieved”; the Arbitrator, and not any court, will determine your alleged status as “an aggrieved employee.” The Arbitrator is without authority to preside over any PAGA claim by you on behalf of any other person or joined by or consolidated with another person’s PAGA claim. This PAGA Individual Action Requirement clause will be severable from this Agreement if there is a final judicial determination that it is invalid, unenforceable, unconscionable, void, or voidable. In such case, the PAGA action must be litigated in a civil court of competent jurisdiction—not in arbitration—but the part of the PAGA Individual Action Requirement that is enforceable will be enforced in arbitration.
7. Discovery and Subpoenas. Each party may take the deposition of two individual fact witnesses and any expert witness designated by another party. Each party may also propound ten (10) interrogatories, ten (10) requests for admission, and requests for production of documents, and each party may subpoena witnesses and documents for discovery or the arbitration hearing, including testimony and documents relevant to the case from third parties. The subpoena shall be issued in accordance with any applicable state or federal law. Additional discovery may be conducted by mutual stipulation, and the Arbitrator will have exclusive authority to entertain requests for additional discovery, and to grant or deny such requests based on the circumstances of a particular case. The Arbitrator will have exclusive authority to resolve discovery disputes.
8. Paying For The Arbitration. You and the Company shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. After you pay your portion of any initial filing fee, the Company shall pay any remaining portion of the initial fee and also will pay all costs and expenses unique to arbitration including, without limitation, the arbitrator’s fees. Each party will pay for its own costs and attorneys’ fees, if any, but if any party prevails on a claim which affords the prevailing party attorneys’ fees, the Arbitrator is authorized to award reasonable fees to the prevailing party as provided by law. The Arbitrator will resolve any disputes regarding costs/fees associated with arbitration.
9. The Arbitration Hearing And Award. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
10. Non-Retaliation. It is against Company policy for any Contractor to be subject to retaliation if he or she exercises his or her right to assert claims under this Agreement. If you believe that you have been retaliated against by anyone at the Company, you should immediately report this to the Chief Legal Officer at email@example.com.
11. Enforcement Of This Agreement. You have the right to consult with counsel of your choice concerning this Agreement or any aspect of the arbitration proceeding. Further, if there is a conflict between this Agreement and any other Company contract, including, without limitation, any restrictive covenant agreement, regarding any issue related to arbitration, this Agreement shall govern. This Agreement is the full and complete agreement about arbitration of disputes covered by this Agreement. Any contractual disclaimers the Company has in any handbooks, other agreements, or policies do not apply to this Agreement. This Agreement will survive the termination of your relationship and work services and the expiration of any benefit, and it will continue to apply upon your transfer to any parent, subsidiary or affiliate of the Company or re-engagement by the Company if your relationship is ended but later renewed. In the event any portion of this Agreement is deemed unenforceable, the remainder of this Agreement will be enforceable to the maximum extent permitted by law.
YOU AGREE THAT ELECTRONICALLY ACCEPTING THE TERMS OF THIS ARBITRATION AGREEMENT BY MEANS OF CLICKING A CHECKBOX, CLICKING “I AGREE,” OR OTHERWISE INDICATING YOUR ACCEPTANCE VIA ELECTRONIC MEANS DEMONSTRATES YOUR ACCEPTANCE OF THIS AGREEMENT. YOU FURTHER UNDERSTAND THAT YOUR ACCEPTANCE VIA ELECTRONIC MEANS IS AS LEGALLY BINDING AS AN INK SIGNATURE. BY INDICATING YOUR ACCEPTANCE VIA ELECTRONIC MEANS, YOU ARE ACKNOWLEDGING YOU HAVE READ, REVIEWED, AND AGREE TO THIS MUTUAL ARBITRATION AGREEMENT.