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(“AAA”) United States Commercial Dispute Resolution Procedures and
Supplementary Procedures for Consumer-Related Disputes. These rules
and procedures are available by calling AAA at 1-800-778-7879 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 be represented
by an attorney (or other spokesperson if permitted by law) of their own
choosing.
h. All administrative expenses of arbitration proceedings commenced under
this Agreement shall be divided equally between you and Tre Milano,
except that: (a) if the claim or dispute that is the subject of the arbitration
proceedings is less than ten thousand dollars (US $10,000), you will
be responsible for no more than one hundred twenty-five dollars (US
$125) in administrative expenses; (b) if the claim or dispute that is the
subject of the arbitration proceedings is more than ten thousand dollars
(US $10,000) but less than seventy-five thousand dollars (US $75,000),
you will be responsible for no more than three hundred seventy-five
dollars (US $375) in administrative expenses; and (c) if the claim or
dispute that is the subject of the arbitration proceedings is more than
seventy-five thousand dollars (US $75,000) or non-monetary, then you
will be responsible for administrative expenses in accordance with the
Commercial Fee Schedule provided by the AAA. You acknowledge and
agree that each party shall pay the fees and costs of its own counsel,
experts and witnesses.
4. CHOICE OF LAW.
This Agreement shall be governed by the United States Federal Arbitration
Act and the laws of the state of California.
5. SEVERABILITY.
If any provision of this Agreement is declared or found to be unlawful,
unenforceable or void, such provision will be ineffective only to the extent
that is found unlawful, unenforceable or void, and the remainder of the
provision and all other provisions shall remain fully enforceable.
6. WAIVER OF DAMAGES.
Each of the parties hereby (a) irrevocably waives, to the maximum extent
not prohibited by law, any right it may have to a trial by jury in respect of
any proceeding directly or indirectly at any time arising out of, under or in
connection with the purchase of the Product and the Accessory Products
from Tre Milano or any transaction contemplated hereby or associated
herewith; (b) irrevocably waives, to the maximum extent not prohibited by
law, any right it may have to claim or recover in any such proceeding any
special, exemplary, punitive or consequential damages, or any damages other
than, or in addition to, actual damages.
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