Milan Laser | Terms of Service

1.1 To use the Services, you represent that you are at least eighteen (18) years old and of legal age to form a binding contract. Individuals under 18 and at least 13 years of age are only permitted to use our Services through the agreement of a parent or legal guardian under their direct supervision. Individuals under 13 years are not permitted to use the Services.

1.2 To access or use some of our Services, you may be required to provide certain information to us. When you do so, you agree to provide true, accurate, complete, and updated information about yourself, including contact details. You are responsible for keeping your information with us accurate and current.

1.3 PLEASE NOTE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THESE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When change(s) are made, we will post such changes on milanlaser.com/terms. Milan Laser will provide advance notice of any material changes to the Terms at least 30 days in advance (or any longer period required under applicable law) by posting the revised Terms of Service on milanlaser.com/terms, and we will also update the "Last Updated" date or "Effective Date" at the top of the page. We encourage you to periodically review milanlaser.com/terms for the latest version of the Terms. We may also provide notice to you of such changes via email or physical mailing. If you disagree with a change to these Terms, you have the right to reject the change by stopping using the Services, providing a notice to Milan Laser pursuant to 11.4 within 30 days of the change that you reject the changed Terms, and receiving a prorated refund of any amounts owed for Services you have not yet received; provided, that your continued use of the Services for more than 30 days after we post the updated Terms of Service will constitute your acceptance of the changes. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

2.1 You agree to use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and all laws and regulations applicable to you.

2.2 When using the Services, you agree and undertake not to take any action to:

1. infringe or violate another person's rights, including intellectual property rights;
2. violate any of these Terms or applicable laws and regulations;
3. engage in any unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libelous, obscene, profane or otherwise illegal, offensive, objectionable or discriminatory conduct;
4. collect personal data from other users or use any such information collected from the Services;
5. use a third party's credentials or personal information, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your contact information, or your affiliation with any person or entity;
6. violate or interfere with the proper functioning or security of any computer network;
7. potentially harm the Services, including but not limited to the violation of any security features of the Services, and any physical damage to the Services;
8. copy or store any significant portion of the content on the Services without written consent from us;
9. abuse any promotions, discounts, or other benefits offered by us; or
10. attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list.

    In addition to any other remedies available to us, a violation of any of the foregoing is grounds for:

    • suspension or termination of your access or use of the Services without refund;
    • Milan Laser obtaining compensation available at law for such breach in the manner provided by Section 12 ("Arbitration Agreement").

3.1 You agree that by furnishing your phone number or other contact information to us or by agreeing to these Terms, you consent to receive communications from us electronically, such as emails, texts (including but not limited to automated SMS and MMS), mobile push notices, instant messaging, chat, chatbot, AI, and other messaging functionalities, and notices and messages on or through the Services ("Messages"). You acknowledge that your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Messages. Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Messages from us.

3.2 You agree that we may communicate with you at any email address or telephone number that you provide us, including but not limited to: (i) notify you regarding the Services (for example, order updates, order confirmations, or customer service notifications); (ii) provide appointment reminders and confirmations; (iii) resolve a dispute; (iv) remind you of payment obligations and/or collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) otherwise communicate relating to Services or enforce these Terms, the Policies, applicable laws and regulations. If we call or text your phone, you agree that we may use automated technology or artificial or prerecorded voices to contact you.

3.3 If you would like to receive our marketing messages via mobile texts and calls, you may sign up to do so. By signing up, you acknowledge that we may send you marketing or other texts or calls from or on behalf of us at the mobile you provide us. You acknowledge that you are not required to consent to receive marketing texts or calls as a condition of any purchase of property, goods, or services. Your consent includes text messages and calls that may be sent using an automated system or artificial or artificial or prerecorded voice.

3.4 You are also responsible for ensuring that any phone number you provide is accurate and up-to-date. You agree to provide us with your own, valid mobile number, and inform us if you discontinue use of that number or change phone numbers by calling customer service at 1‑833‑667‑2967 or emailing privacy@milanlaser.com.

3.5 To the extent permitted by applicable law, you may not unsubscribe from Messages from Milan Laser concerning payment reminders for Services you have purchased. If you wish to opt out of other types of SMS/MMS text messages from us, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the corresponding number or short code that we used to contact you, from your mobile device receiving the messages. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the single-word STOP, END, CANCEL, UNSUBSCRIBE, or QUIT commands and agree that Milan Laser and its service providers will have no liability for failing to honor such requests. You can also unsubscribe by calling customer service at 1-833-667-2967 or emailing privacy@milanlaser.com. If you would like to resume receiving Messages, reply UNSTOP or START to the corresponding number, or contact us to resume receiving messages.

3.6 If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options in the marketing email itself.

3.7 Our communications with you may be through a third-party service provider. You acknowledge and consent that, subject to our Privacy Policy, your communications with us or our agents may be recorded, monitored and stored for quality control and training purposes, or to protect your, our and/or our partners' interests.

4.1 You acknowledge and agree that all materials displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (collectively, "Content") are protected by copyright and/or other intellectual property laws. You undertake to comply with all copyright notices, trademark rules, information, and restrictions contained in the Content, and not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise use for any purpose any Content not owned by you without the prior consent of the owner of that Content.

4.2 You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance.

5.1 In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE US OR OUR AFFILIATES OR OUR AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED SERVICES; (B) ANY AND ALL APPLICABLE TAXES; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. We may decline, freeze or hold your transaction for any reason, including for suspected fraud, anti-money laundering and sanctions compliance, or if we believe your transaction poses a risk to us or any third party.

6.1 If you have any special circumstance (e.g., a medical or health condition and/or special need) that may affect or be affected by the Services you wish to purchase, it is your responsibility to inform us before you purchase Services.

7.1 You are free to stop using the Services at any time. We are also free to terminate or suspend your use of the Services, for any reason in our discretion, including your breach of these Terms. You acknowledge and agree that we have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Even after your use of the Services is terminated or suspended, any unpaid amount you owe to us will remain due.

7.2 Survival of Terms. In addition to the terms that are specifically noted in these Terms as surviving termination of these Terms, all representations, warranties, indemnifications, and limitations of liability, including but not limited to Sections 8, 9, and 10, shall survive these Terms. The provisions of Section 3 and 11 shall also survive these Terms. The Arbitration Agreement in Section 12 shall survive the termination of these Terms. All other obligations of Subscriber and Milan Laser under these Terms also survive termination if they relate to the period before termination or, if by their terms, they would be expected to survive such termination.

8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF SERVICES' CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXPRESSLY EXCLUDED. NO COMMUNICATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

8.2 YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

9.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MILAN LASER PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE OR GOODWILL, REPUTATIONAL HARM, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR (B) CLAIMS RELATING TO THE SERVICES OR THE MARKETING OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A MILAN LASER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.

9.2 THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, TO ANY DAMAGES OR PERSONAL INJURY, INCLUDING PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

9.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT FOR WHICH THE MILAN LASER PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO US BY YOU; OR (B) THE AMOUNT REQUIRED BY LAW TO RENDER THESE TERMS ENFORCEABLE. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A MILAN LASER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE.

9.4 CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10.1 To the fullest extent permitted by applicable law, you agree to indemnify and hold us, our parents, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, licensors and partners (each, a "Milan Laser Party" and collectively, the "Milan Laser Parties") harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in connection with any third-party claims relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third-party agreement; or (d) your violation of any applicable laws, rules, or regulations.

11.1 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

11.2 Choice of Law. To the fullest extent permitted by applicable laws, these Terms and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of the State of Nebraska and applicable federal laws of the United States of America, consistent with the Federal Arbitration Act, without regard to any principle of conflict-of-laws.

11.3 Exclusive Venue. Any dispute of any sort between you and us that arises out of or in connection with the Services or the Terms and is not subject to arbitration under Section 12 or eligible for small claims action under Section 12, shall be decided exclusively by a court of competent jurisdiction located in Omaha, Nebraska, unless agreed otherwise in writing by you and us. You hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

11.4 Notice. You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are responsible for keeping your email address information with us up to date. You may give notice to us at the following address:

Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address, with proof of delivery provided.

11.5 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

11.6 Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

12.1 Applicability of Arbitration Agreement. You and we agree that any dispute, claim, or disagreement arising out of or relating in any way to Milan Laser, the Services, any communications to or from us, our marketing of the Services, or the Terms, including claims and disputes that arose between us before the effective date of the Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that you or we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court. For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of the Terms. For avoidance of doubt, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Milan Laser to report a Dispute to any applicable federal, state, or other government or agency.

12.2 Informal Dispute Resolution. There may be instances when a Dispute arises between you and us. If that occurs, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other or initiates an action in small claims court, we will personally meet and confer either telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you also agree to personally attend and participate in a live telephone or videoconference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within forty-five (45) days after the other party receives such Notice, or a further reasonable time if warranted under the circumstances. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@MilanLaser.com, or by regular mail to the applicable address set forth in Section 11.4. The Notice must include: (1) your name, telephone number, mailing address, and email address; (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The notice must also specify a proposed date and time when you are available for an Informal Dispute Resolution Conference; however, you agree to cooperate with Milan Laser in scheduling a mutually agreeable date and time if your proposed date and time is not convenient for Milan Laser.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration, including the filing of an arbitral demand. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. Failure to appear for the Informal Dispute Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to participate in good faith as required by this Section 12.2.

12.3 Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to limited review.

12.4 Waiver of Class and Other Non-Individualized Relief. YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 12.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the provisions of Section 12.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief, you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated only in the courts provided for under Section 11.3, or another court if required to render this Arbitration Agreement enforceable under applicable law. All other Disputes shall be arbitrated or litigated in small claims court.

12.5 Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the informal dispute resolution process described in Section 12.2 above is completed in the manner required by Section 12.2 but does not resolve satisfactorily within ninety (90) days after receipt of the Notice, you and we agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by American Arbitration Association (the "AAA") under its rules, including Consumer Arbitration Rules (the "AAA Rules"), then in effect, unless otherwise required by law. AAA's rules are also available at https://adr.org/consumer. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules and related AAA fee schedules.

If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either party may initiate an arbitration proceeding by sending a demand to the other party that describes the nature and basis for the claim and includes all of the information required in the arbitration notice ("Arbitration Notice"). The party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process, executed personally by the Party initiating the arbitration. The Arbitration Notice must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a statement certifying completion of the informal dispute resolution process as described above; and (4) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Arbitration Notice shall also include counsel's name, telephone number, mailing address, and email address. In addition to the Party, such counsel must also sign the Arbitration Notice. Unless you and we otherwise agree, or the Batch Arbitration process discussed in Section 12.9 is triggered, the arbitration will be conducted in the county where you reside, or at a location determined by the arbitrator which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. To the extent provided by the applicable AAA rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and we agree that, to the extent permitted by applicable law, all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, or other individuals solely to the extent required to engage in the arbitration proceeding (for example, witnesses and arbitration support staff), and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

12.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law, and will be selected by the parties from the AAA roster of consumer dispute arbitrators, or, upon mutual agreement of the parties, from JAMS. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Notice, then AAA will appoint the arbitrator in accordance with the applicable AAA Rules, provided that if the Batch Arbitration process under Section 12.9 is triggered, AAA will appoint the arbitrator for each batch.

12.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) except as expressly contemplated in Section 12.9, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (2) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 12.9. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the arbitration award may be entered in any court having jurisdiction.

12.8 Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless either the substance of the Dispute or the relief sought in the Arbitration Notice was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11).

12.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual Arbitration Notices of a substantially similar nature filed against us or against you by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period, AAA shall (1) administer the arbitration demands in batches of 100 Arbitration Notices per batch (plus, to the extent there are less than 100 Arbitration Notices left over after the batching described above, a final batch consisting of the remaining Arbitration Notices), or in a single batch if there are fewer than 100 Arbitration Notices in total; (2) appoint one arbitrator for each batch; (3) administer the batches concurrently; (4) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration"). Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches.

All parties agree that Arbitration Notices are of a "substantially similar nature" if they arise out of or relate to the same or similar event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a single arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by us. You and we agree to cooperate in good faith with AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Arbitration Notices, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

12.10 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the applicable address set forth in Section 11.4, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address and phone number, and a statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other existing arbitration agreements that you may currently have with us, which shall remain in force.

12.11 Invalidity, Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

12.12 Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, we will notify you, in the manner provided above in Section 11.4. Unless you reject the change within thirty (30) days of such change becoming effective by writing to us at the applicable address set forth in Section 11.4, your continued use of our Services, including by browsing the Services, or by booking an appointment or purchasing Services, or by otherwise contacting Milan Laser (e.g., by submitting your contact information to Milan Laser), following the notice of changes to this Arbitration Agreement constitutes your acceptance of any such changes.

YOU MAY OPT-OUT OF CHANGES TO THE ARBITRATION AGREEMENT. However, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of any prior Arbitration Agreement if you have previously agreed to a version of the Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes, the provisions of that existing Arbitration Agreement remain in full force and effect.

The Parties may mutually agree in writing to any modifications to this Section 12 warranted by the circumstances, including such modifications that may be necessary to make this Section 12 enforceable under governing law.

12.13 Termination, Expiration. This Arbitration Agreement in Section 12 shall survive the termination or expiration of these Terms of Service.