Revised Date: October 12, 2020
Please read the full Terms and Conditions below carefully. By becoming a Member of the Tricoci Rewards program, you agree to these Terms and Conditions. If you do not agree, do not join. Subject to these Terms and Conditions, Members can earn points on the amounts they spend on qualifying products and services at Tricoci Salon Spas, excluding amounts paid for taxes, shipping, tips, or gift cards.
Tricoci reserves the right to modify or terminate the Tricoci Rewards program at any time, including changing or terminating the number and type of benefits offered to members of Tricoci Rewards in its sole discretion at any time.
Notice About Dispute Resolution: These Terms & Conditions contain provisions on binding arbitration of disputes on an individual basis which will be binding on you unless you opt out as described in the Arbitration Section V below.
Please Read This Section Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
A. Initial Dispute Resolution. We are available at email@example.com to help address any concerns you may have regarding the Services. Most concerns may be quickly resolved in this manner. Member and Tricoci agree to use best efforts to settle any disputes disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section V(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including their formation, performance and breach), the parties’ relationship with each other and/or Tricoci’s provision of the Tricoci Rewards program shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms and Conditions shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adrrules-procedures. If Member initiates arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Tricoci will pay the additional cost. If Tricoci is required to pay the additional cost of the filing fees, Member should submit a request for payment of fees to JAMS along with Member’s form for initiating the arbitration, and Tricoci will make arrangements to pay all necessary fees directly to JAMS. Tricoci will also be responsible for paying all other arbitration costs arising in connection with the arbitration. Member will not be required to pay fees and costs incurred by Tricoci if Member does not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. Member and Tricoci each further agree that any arbitration shall be conducted in their respective individual capacities only and not as a class action or other representative action, and Member and Tricoci each expressly waive their rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 8(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. Member has the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections V(B), (C), and (D) by sending written notice of Member’s decision to opt-out to the following address: firstname.lastname@example.org. The notice must be sent within thirty (30) days of enrolling as Member in the Tricoci Rewards program, otherwise Member will be bound to arbitrate disputes in accordance with the terms of those sections. If Member opts out of these arbitration provisions, Tricoci also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section V(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Chicago, Illinois (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Chicago, Illinois for any applicable litigation other than small claims court actions.