WAXING THE CITY WEBSITE TERMS OF USE

Any dispute, controversy, or claim arising out of or relating to your relationship with Waxing the City or any of the terms contained herein whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and expressly including any claims for violation of any state consumer protection act or the federal Telephonic Consumer Protection Act or any state or international law equivalents (collectively, “Claims”), shall be resolved by binding arbitration. The sole exception is that you and we retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceeds on an individual basis. Aside from this sole exception, all other Claims must be resolved by binding arbitration pursuant to the terms set forth below.

1. The arbitration shall be administrated by the American Arbitration Association or its successor (“AAA”) in accordance with its Consumer Rules or any other applicable AAA rules. (The AAA’s Consumer Rules are available at https://www.adr.org/Rules). To the extent there is a conflict between this arbitration provision and the AAA’s Consumer Rules, the arbitration provision controls. In the event that the AAA is no longer in business, then the parties will attempt to agree on an alternative agency. If one cannot be agreed to, then the parties agree that a court of competent jurisdiction may select the arbitration agency for them. The arbitration shall be conducted before a single arbitrator. The arbitration will be conducted in a mutually agreeable location in your state of residence. The decision of the arbitrator shall be final and binding and may be entered as a judgment by any court of competent jurisdiction.
2. Before initiating an arbitration, you must first send, by certified mail or a nationally recognized courier service like Fedex or UPS, a written Notice of Dispute (“Notice”) addressed to: Legal Department, 111 Weir Drive, Woodbury, MN 55125 (“Notice Address”). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you may commence an arbitration proceeding with the AAA by submitting the Notice of Dispute to the AAA and initiating the arbitration and sending a copy, by certified mail or courier service, of the initiated arbitration to the Notice Address. During the arbitration, other than informing the arbitrator that the Notice was properly provided, no information regarding any settlement offer made by either party shall be disclosed to the arbitrator. Unless prohibited by applicable law, any Claim must be submitted to us in a Notice of Dispute within one (1) year from the occurrence of the facts giving rise to such Claim.
3. If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply and you further agree not to oppose any motion by us for an order requiring you to initially advance all filing fees and arbitrator costs. If you succeed on your Claim in any multiple or mass case filing, the arbitrator may award you costs in any amount that would place you in an equal position as you had been in if you filed your Claim individually.
4. Neither party shall pursue any class, collective, or representative claims. Unless the Supplementary Rules for Multiple Case Filings apply, the parties may not consolidate the arbitration with any other proceedings to which we are a party, except for an arbitration in which the parties to this agreement are the sole parties.
5. The arbitrator shall be entitled to award injunctive relief, if applicable, specific to you and to award damages. To the extent allowed by applicable law, the parties agree that neither party will be liable to the other (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any indirect, special, incidental, consequential, exemplary or punitive damages or for any form of damages other than direct damages. The arbitrator shall award attorney’s fees and costs, including the expenses of the arbitration, to the prevailing party if the arbitrator finds that the non-prevailing party asserted frivolous or bad faith defenses or claims.
6. Any award of the arbitrator shall have no preclusive effect in any future proceeding, except any future proceeding in which you and we are the sole parties.
7. The Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern this agreement and any dispute, controversy, or claim of any sort that might arise between us.
8. The parties agree that the arbitration proceedings and results are confidential and, except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration conducted pursuant to this agreement without the prior written consent of the parties.
9. For the avoidance of doubt, this agreement applies to Claims involving any of Waxing the City’s staff, agents, subsidiaries, affiliates, employees, board of directors, parents, franchisees, predecessors, successors, and assigns, each of which is an intended third-party beneficiary of this agreement. This agreement shall survive the termination of any other contractual or non-contractual relationship between us and you, including any membership relationship you may have with a franchisee.
10. With the exception of subparts (d) and (e) above (the class action waiver and mass action rules), if any part of this arbitration provision is held to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not in it. If, however, subpart (d) or (e) above (the class action waiver and mass action rules) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. If this agreement is found to be unenforceable on inapplicable for any reason, including because the class action waiver is found invalid, unenforceable, or illegal, then the sole and exclusive venue for the resolution of any Claim shall be the United States District Court for District of Minnesota or, if there is no federal jurisdiction over the action, in the courts of the State of Minnesota located in Minneapolis. Further, you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is determined not to be subject to the arbitration provision.