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MINI Travel Dryer
Arbitration Agreement
IMPORTANT INFORMATION
THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL
RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES
BETWEEN YOU AND TRE MILANO, LLC MUST BE RESOLVED
THROUGH MANDATORY, BINDING ARBITRATION, RATHER
THAN IN A COURT. PLEASE READ THIS AGREEMENT
CAREFULLY. YOUR ACCEPTANCE OF THE TERMS OF THIS
AGREEMENT SHALL BE EVIDENCED BY THE FIRST TO
OCCUR OF: (1) YOUR OPENING OF ONE OR MORE OF THE
INSTYLER PRODUCT UNITS PURCHASED OR RECEIVED BY
YOU (COLLECTIVELY, THE “PRODUCT”), (2) YOUR OPENING
OF ONE OR MORE OF THE INSTYLER ACCESSORY PRODUCTS
PURCHASED OR RECEIVED BY YOU (COLLECTIVELY, THE
“ACCESSORY PRODUCTS”), OR (3) YOUR RETAINING THE
PRODUCT OR THE ACCESSORY PRODUCTS FOR MORE THAN
TEN (10) DAYS AFTER PURCHASE OR RECEIPT. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST
RETURN THE PRODUCT AND/OR THE ACCESSORY PRODUCTS,
AS THE CASE MAY BE, WITHIN TEN (10) DAYS OF RECEIPT AT
NO COST TO YOU. YOU MAY RETURN THE PRODUCT AND/
OR THE ACCESSORY PRODUCTS BY CALLING Tré MILANO
AT (800) 307-0078 AND REQUESTING A CREDIT RETURN
AUTHORIZATION NUMBER. THIS ARBITRATION AGREEMENT
COVERS ALL DISPUTES BETWEEN YOU AND TRE MILANO,
LLC REGARDING BOTH THE PRODUCT AND THE ACCESSORY
PRODUCTS.
1. RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Tré Milano, LLC
(including any of Tré Milano, LLC’s subsidiaries or affiliates,
collectively “Tré Milano”) arising out of or relating in any
way to the purchase or use of the Product, the Accessory
Products or this Agreement shall be resolved through final,
binding arbitration. This mandatory arbitration obligation
applies regardless of whether the claim or dispute involves
a tort, fraud, misrepresentation, product liability, negligence,
violation of a statute, or any other legal theory. Both you
and Tré Milano specifically acknowledge and agree that you
waive your right to bring a lawsuit based on such claims or
disputes and that you waive your right to have such claims
or disputes resolved by a judge or jury. Notwithstanding the
foregoing, you have the right to seek relief in small claims
court for claims or disputes within the scope of small claims
jurisdictional limits.
2. LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on
an individual (and not a class-wide) basis, and an arbitrator
shall have no authority to award class-wide relief. You
acknowledge and agree that this Agreement specifically
prohibits you from commencing arbitration proceedings as a
representative of others or joining in any arbitration, litigation
or other proceeding brought by any other person.
3. ARBITRATION PROCEDURES.
a. Before commencing any arbitration proceedings under
this Agreement, you must first present the claim or dispute
to Tré Milano by calling 800-307-0078 and asking for the
Legal Department and allowing Tré Milano the opportunity
to resolve the claim or dispute. If your claim or dispute is
not resolved within sixty (60) days, you may commence
arbitration proceedings in accordance with the terms of
this Agreement.
b. The arbitration of any claim or dispute under this
Agreement shall be conducted pursuant to the
American Arbitration Association’s (“AAA”) United
States Commercial Dispute Resolution Procedures
and Supplementary Procedures for Consumer-Related
Disputes. These rules and procedures are available by
calling AAA at 800-778-7879 or by visiting its web site at
www.adr.org.
c. The arbitration of any claim or dispute under this
Agreement shall be conducted in the State of California
and the County of Los Angeles; provided that if the parties
do not agree on a location for the arbitration, then the
AAA shall determine a reasonably convenient location.
d. The arbitration of any claim or dispute under this
Agreement shall be conducted by an arbitrator who is
independent and impartial.
e. The exchange of information and timing of the arbitration
shall be supervised by the arbitrator and shall be in
accordance with procedures provided by the arbitrator.
f. The arbitration of any claim or dispute under this
Agreement and the resolution or settlement thereof shall
be confidential and shall not be disclosed by the parties to
any third parties other than their respective professional
representatives.
g. Each party shall have the right, at their own expense, to
