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IONIC STYLER PRO
Hot Brush & Ceramic Flat Iron
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 TRE 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
