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 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 Tré
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
