Messaging Terms and ConditionsMilan Laser Corporate LLC doing business as Milan Laser Hair Removal

Effective: August 27, 2024

1. Introduction

These Messaging Terms and Conditions ("Terms") govern your use of the Milan Laser Hair Removal mobile messaging service (the "Mobile Service"). The Mobile Service is operated by Milan Laser Corporate LLC doing business as Milan Laser Hair Removal (“Milan Laser”, “we”, “our”, or “us”).

By registering for an account and using the Mobile Services, you agree to be bound by these Terms and our Privacy Policy (located at Privacy Policy). By opting in to receive messages from us and/or your use of the Mobile Service constitutes your agreement to the Terms.

2. Service Description

You consent to receive recurring automated promotional and personalized marketing text messages from Milan Laser’s electronic messaging services, including, but not limited to, SMS, MMS, instant messaging, chatbots, and other messaging functionalities (the "Mobile Service"). You agree to receive marketing text messages from and on behalf of Milan Laser through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Your consent Includes text messages that may be sent using an automatic telephone dialing system or other technology.

The Mobile Service allows us to send you text messages (SMS and MMS) to your mobile phone number. These service-related messages may include:

• Updates, alerts, and information (e.g., order updates, account alerts, order confirmations, shipping updates, etc.)
• Promotional offers and discount messages may include promotions, specials, and other marketing offers (e.g., cart reminders)
• Appointment reminders and confirmations
• Customer service notifications
• Account information

You understand that you do not have to sign up for the Mobile Service in order to make any purchases, and your consent is not a condition of any purchase with Milan Laser. Your participation in the Mobile Service is completely voluntary.

3. Message Frequency and Opt-Out

Message frequency will vary. Milan Laser reserves the right to alter the frequency of messages sent at any time, to increase or decrease the total number of sent messages.

You may opt out of the Mobile Service at any time. Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode to cancel, or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands and agree that Milan Laser and its service providers will have no liability for failing to honor such requests. No further messages will be sent to your mobile device, unless initiated by you.

If you have subscribed to other Milan Laser mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

You can also opt out by contacting us at 1-833-667-2967 or privacy@milanlaser.com.

4. Message Fees

We do not charge for the Mobile Service, but you are responsible for all third-party access charges associated with text messaging imposed by your wireless provider. Message and data rates may apply. Therefore, you may incur message and data rates from your wireless carrier for receiving messages. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. We are not responsible for any charges imposed by your carrier.

5. Your Responsibilities

By using the Mobile Service, you represent that you are at least sixteen (16) years old and have the legal capacity to enter into this agreement.

You are also responsible for ensuring that the mobile phone number you provide is accurate and up-to-date. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Mobile Service with your new number.

You agree to comply with all applicable laws when using the Mobile Services. You agree to use the Mobile Service only for lawful purposes and in accordance with these Terms. You shall not upload, transmit, or share any content that is illegal, harmful, offensive, or otherwise objectionable.

You are solely responsible for maintaining the confidentiality of your account credentials and for any activities that occur in your account. You must immediately notify Milan Laser of any unauthorized use of your account.

6. Our Responsibilities

We will use commercially reasonable efforts to deliver messages to your mobile phone number. However, we cannot guarantee the timely delivery of all messages. We reserve the right to modify or discontinue the Mobile Service at any time without notice.

7. Privacy

We respect your privacy and will use your information only as described in our Privacy Policy. To see how we collect and use your personal information, please see our Privacy Policy.

8. Disclaimer

The Mobile Service is provided "as is" and without warranties of any kind, express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Milan Laser does not warrant that the Mobile Services will be uninterrupted, timely, secure, virus-free, or error-free.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.

You are responsible for obtaining and maintaining all devices, software, and services needed to access the Mobile Services. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Milan Laser, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

9. Limitation of Liability

We will not be liable for any damages arising out of or related to your use of the Mobile Service, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.

10. Termination

We may terminate your access to the Mobile Service at any time, with or without cause. You may also terminate your use of the Mobile Service at any time by opting out as described in Section 3.

11. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the Mobile Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

12. Amendment

To the extent permitted by applicable law, Milan Laser may modify or amend these Terms at any time by posting the amended terms on our website or through the Mobile Service. You are responsible for checking these Terms periodically for any updates. Your continued use of the Mobile Service after the posting and/or effective date of any amendments or changes constitutes your acceptance of such amendments or changes.

Milan Laser may suspend, discontinue, or cancel the Mobile Service or any of its features without notice.

Milan Laser shall not be liable for any modification, amendment, suspension, or discontinuance of the Mobile Services.

13. Contact Us

This mobile message program is a service of Milan Laser, located at 17645 Wright Street, Omaha, Nebraska 68130. If you have any questions about these Terms, please contact us at 1-833-667-2967 or privacy@milanlaser.com.

Milan Laser reserves the right to change any short code or telephone number we use to operate the Mobile Service at any time. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

14. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Nebraska without regard to its conflict of law provisions.

Dispute Resolution:

1. General. In the interest of resolving disputes between you and Milan Laser in the most expedient and cost-effective manner, you and Milan Laser agree that any dispute arising out of or in any way related to these messaging terms and conditions or your receipt of text messages from Milan Laser or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, or your receipt of text messages from Milan Laser or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND MILAN LASER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Milan Laser to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and Milan Laser will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Milan Laser. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process. If you or Milan Laser intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Milan Laser’s address for Notice is 17645 Wright Street, Omaha, Nebraska 68130, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Milan Laser will make good faith efforts to resolve the claim directly, but if you and Milan Laser do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Milan Laser may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Milan Laser must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Terms, Milan Laser will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Milan Laser for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Milan Laser agree that such written decisions, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request, from you or Milan Laser made within fourteen (14) days of the arbitrator's ruling on the merits.
5. No Class Actions. YOU AND Milan Laser AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Milan Laser agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms, if Milan Laser makes any future change to this arbitration provision, other than a change to Milan Laser address for Notice, you may reject the change by sending us written notice within thirty (30) days of the change to Milan Laser address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Milan Laser.
7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative, and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect.