Shipping and Turnaround Policy
Shipping and handling charges are based on the quantity of items ordered, weight of items ordered and any shipping location(s) before sales tax. Rates are calculated based upon current USPS Priority Rates.
As soon as your order ships, you will be provided with a tracking number through e-mail. You can also find your order details and tracking information on the Order History tab within the Members section after logging in (if you have created a profile).
Estimated Processing Time (Domestic): 1 - 4 Business Days
Estimated Processing Time (International): 1 - 7 Business Days
Estimated Shipping Time (Domestic): 2 - 5 Business Days
Estimated Shipping Time (International): 5 - 28 Business Days (Depending on Customs Regulations and Air/Land/Sea Transport)
Shipping Your Exchanges: For Unworn & Unused Apparel ONLY
For all Exchange Labels, Buyer is responsible for securing their own return label, at the Buyer's expense.
To make an exchange, please follow these steps:
• Obtain an Exchange Order Number by emailing us at email@example.com with the photos (attached in the email) of items being exchanged within three (3) calendar days of receiving the products. Please include your name and original order number in the subject line of the e-mail when wanting to exchange. A Customer Service Agent will email you an Exchange Order Number (to be placed in the PO Number section of the shipping label) at the Buyer’s expense.
• Send the item back in the original, undamaged box and packaging (if applicable) or any undamaged box sufficient for packaging. We are not responsible for item arriving back to our facility in a damages condition. If this were to happen, we will contact you by e-mail for next steps.
Return and Exchange Policy
Returns are not accepted.
All Services, Classes, Workshops and Private Events are non refundable and non exchangeable, unless where explicitly stated in the agreement for each purchase.
Gift Cards, Body Oils and Perfumes are non refundable and non exchangeable.
If for any reason you are not content with your apparel order, we gladly accept exchanges for US orders within seven (7) days from the date of shipment and in new, unused condition with original packaging. Some items purchased through special promotions may be final sale, and therefore not eligible for exchanges (please refer to promotion disclaimers listed under each promotional item for the terms of each offer).
Apparel must be returned unworn, with all tags still attached.
Exchange shipping and handling is at the expense of the purchaser.
Please note that any store credit used to pay for an order will be exchanged as store credit and will not be eligible for a refund to a credit card or valid method of payment. All store credit and/or exchanges that are processing will be completed within three (3) to five (5) business days after the exchanged item is received.
WHAT INFORMATION IS COLLECTED?
We group the collection of user information into two categories: personal, which is information identifiable to a specific member, and aggregate, which is general demographic information that does not identify any individual member. Personal information may include your name, email address, mailing address, credit card information and phone number. We may also collect certain demographic information such as your site preferences, age, gender, geographical location, language, time zone, income and education (some of the information we ask for may be optional). 2 Miles Ahead LLC may use or disclose aggregate information for any purpose.
HOW DO WE USE YOUR INFORMATION?
We collect personal information to make our services related to this Site (“Services”) more rewarding for you to use, including billing, shipping and tracking your orders. If we have any questions or concerns regarding your order, we may use this information to contact you. We also use this information for internal purposes, such as studying our customers' preferences and improving the customers' experiences. We may also use your information to contact you for promotional purposes. We also may use this information to provide customer service to you. If you enter into a sweepstakes, contest, or similar promotion, we may use the information you provide to administer those activities. We may combine information about you with information from other sources in order to improve the quality of our services.
We also receive and store certain personally non-identifiable information, which is collected passively using various technologies, and cannot presently be used to specifically identify you. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve you, we often conduct research on customer demographics, interests and behavior based on the personal information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
HOW IS THIS INFORMATION SHARED?
There are certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:
We do not sell any of your personal information to third parties for profit. Like most online businesses, we do share some information with contracted third parties in order to provide better services and advertising to you, and do afford you the option to opt-out of sharing this information.
We may share information about you with trusted third parties in order to improve your consumer experience. These third parties may contact you about products, services or promotions you may be interested in, or to otherwise improve your customer experience with this Site.
We may share information about you, such as your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us via our third-party advertising partners and its service providers, in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. Our advertising partners will make the data we provide to it anonymous. To learn more about the use of this information or to make choices about receiving personalized advertising provided by third parties, please visit the Network Advertising Initiative by clicking here.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
When we believe in good faith that disclosure is necessary to protect the rights, property and safety of 2 Miles Ahead LLC, its users or the public.
As required by law, to comply with a judicial proceeding or court order, to exercise our rights, or to defend against any claims.
COOKIES AND WEB BEACONS
Web beacons, or clear GIFs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.
The security of your personal information is important to us. When you provide sensitive information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. If you have any questions about security on our Site, please contact us as indicated below.
We may occasionally send you newsletters and emails regarding special offers, promotions, features and/or product updates. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.
LINKS TO OTHER SITES
UPDATING OR DELETING YOUR ONLINE ACCOUNT INFORMATION
You may update or correct your online account information at any time by logging into your account and navigating to the "My Account" page or by contacting us. Note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
CHILDREN UNDER 18
Children under 18 may view this Site, but they cannot make a purchase or provide any personal information. This Site is not designed for children and we do not wish to collect personal information from children under 18. If you register with us and we discover that you are under 18, we will delete your account. You must be 18 or over to purchase any products from this Site. If a child under the age of 18 has provided us with personally identifiable information online, we ask that a parent or guardian contact us.
2 Miles Ahead LLC collects the following types of personal data: name, email address, mailing address, credit card information, phone number and IP address. The following aggregate data may also be collected: Site preferences, age, gender, geographical location, language, time zone, income and education.
2 Miles Ahead LLC may also be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You have the right to access, correct or delete personal data which has been provided to 2 Miles Ahead LLC. At any time, you may update or correct your online account information by logging into your account and navigating to the "My Account" page or by contacting us. You may also delete your personal data by contacting us to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
When you use any 2 Miles Ahead Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other 2 Miles Ahead Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2 Miles Ahead MEMBERSHIP
Any membership coupons and/or discount codes issued to you will expire if they are unused following the twelve (12) month anniversary of issuance. Additionally, coupons and/or discount codes are freely transferrable and can be applied across multiple purchases on this Site or the 2 Miles Ahead Services unless specified for any limited usage.
Membership coupons and/or discount codes are not refundable or redeemable for cash. Membership coupons and/or discount codes can only be used toward purchasing 2 Miles Ahead items on the Site or through the 2 Miles Ahead Services.
2 Miles Ahead LLC LIMITATION OF LIABILITY 2 Miles Ahead MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MEMBERSHIP COUPONS OR DISCOUNT CODES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A MEMBERSHIP COUPONS OR DISCOUNT CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MEMBERSHIP COUPONS OR DISCOUNT CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the 2 Miles Ahead Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. 2 Miles Ahead does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, 2 Miles Ahead does not take title to the refunded item.
2 Miles Ahead is not required by law to collect sales and/or use taxes in all states, nor does it actually collect such taxes in all states. However, 2 Miles Ahead reserves the right to collect sales tax in any other jurisdictions if it believes that such collection is required by law.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where 2 Miles Ahead does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
To make purchases through the 2 Miles Ahead Services you must submit credit card information. You represent and warrant to 2 Miles Ahead that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize 2 Miles Ahead to use any updated credit card information submitted by your credit card company directly to 2 Miles Ahead. If you dispute any charges, you must inform 2 Miles Ahead within thirty (30) days upon receipt of 2 Miles Ahead’ invoice. We reserve the right to change 2 Miles Ahead prices or fees purchase items. Your continued use of the 2 Miles Ahead Services after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
Any and all 2 Miles Ahead Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to 2 Miles Ahead, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. 2 Miles Ahead specifically prohibits any use of the 2 Miles Ahead Service, and requires all users to agree not to use the 2 Miles Ahead Services, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a 2 Miles Ahead server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, 2 Miles Ahead’s provision of services to any other visitors to this Site, 2 Miles Ahead hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mail bombing" or "crashing" this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any 2 Miles Ahead Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to 2 Miles Ahead and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. 2 Miles Ahead will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. 2 Miles Ahead shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. 2 Miles Ahead retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the 2 Miles Ahead Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that 2 Miles Ahead is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the 2 Miles Ahead Services and its social features, you agree to respect other users of the 2 Miles Ahead Services in your interactions with them. 2 Miles Ahead reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold 2 Miles Ahead and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and 2 Miles Ahead reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although 2 Miles Ahead has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and 2 Miles Ahead cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. 2 Miles Ahead is not responsible for typographical errors regarding price or any other matter.
All orders placed through any 2 Miles Ahead Services are subject to 2 Miles Ahead’s acceptance. This means that 2 Miles Ahead may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, 2 Miles Ahead will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any 2 Miles Ahead Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to 2 Miles Ahead and all rights thereto are specifically reserved. As between you and 2 Miles Ahead, (or any other company whose marks appear on any of the 2 Miles Ahead Services), 2 Miles Ahead (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the 2 Miles Ahead Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The 2 Miles Ahead logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Intellectual Property”) are owned by 2 Miles Ahead and may be registered in the United States and internationally. You agree not to display or use the 2 Miles Ahead Intellectual Property in any manner without 2 Miles Ahead’ prior written permission. Nothing contained on this Site or in any of the 2 Miles Ahead Services should be construed to grant any license or right to use any 2 Miles Ahead Intellectual Property without the prior written consent of 2 Miles Ahead.
Except as otherwise provided herein, use of the 2 Miles Ahead Services does not grant you a license to any materials, content or features you may access on this Site or via the 2 Miles Ahead Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the 2 Miles Ahead Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by 2 Miles Ahead. If you make use of the 2 Miles Ahead Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the 2 Miles Ahead Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
2 Miles Ahead publishes information within the 2 Miles Ahead Services as a convenience to its visitors. While 2 Miles Ahead attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the 2 Miles Ahead Services at any time without notice. The 2 Miles Ahead products described in the 2 Miles Ahead Services may not be available in your region. 2 Miles Ahead does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the 2 Miles Ahead Services will be available for purchase in all jurisdictions.
YOUR USE OF THE 2 Miles Ahead SERVICES ARE AT YOUR SOLE RISK. THE 2 Miles Ahead SERVICES AND THE PRODUCTS OFFERED THROUGH THE 2 Miles Ahead SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 2 Miles Ahead DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2 Miles Ahead MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE 2 Miles Ahead SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE 2 Miles Ahead SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
2 Miles Ahead SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE 2 Miles Ahead SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH 2 Miles Ahead, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF 2 Miles Ahead HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2 Miles Ahead SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE 2 Miles Ahead SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. 2 Miles Ahead SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
2 Miles Ahead makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the 2 Miles Ahead Services. Hyperlinks are included solely for your convenience, and 2 Miles Ahead makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. 2 Miles Ahead does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the 2 Miles Ahead Services.
INDEMNITY AND RELEASE
DISPUTES AND DISPUTE RESOLUTION
GOVERNING LAW Use of the 2 Miles Ahead Services, membership in the 2 Miles Ahead VIP Membership Program, any purchases made through the 2 Miles Ahead Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the 2 Miles Ahead Services, your membership in or purchases through the 2 Miles Ahead Services, 2 Miles Ahead VIP Membership Program and/or your Account, or products purchased through the 2 Miles Ahead Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to 2 Miles Ahead or the 2 Miles Ahead Services must be commenced within one (1) year after the claim or cause of action arose.
CLASS ACTION WAIVER
Both you and 2 Miles Ahead waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the 2 Miles Ahead Services, your membership in or purchases through the 2 Miles Ahead VIP Membership Program and/or your Account, or products purchased through the 2 Miles Ahead Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of the 2 Miles Ahead Services, membership in the 2 Miles Ahead VIP Membership Program, any purchases made through the 2 Miles Ahead Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the 2 Miles Ahead Services, your membership in or purchases through the 2 Miles Ahead VIP Membership Program, or products purchased through the 2 Miles Ahead Services shall be resolved by final and binding arbitration between you and 2 Miles Ahead.
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, 2 Miles Ahead will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, 2 Miles Ahead will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of 2 Miles Ahead' last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then 2 Miles Ahead will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and 2 Miles Ahead waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information 2 Miles Ahead shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your 2 Miles Ahead California Privacy Rights Notice". Please allow 30 days for a response.
You agree that no joint venture, partnership, employment, or agency relationship exists between 2 Miles Ahead and you as a result of this Agreement or your use of the 2 Miles Ahead Services.
If you have any questions regarding our policies please send all inquiries to 2 Miles Ahead, LLC, through our CONTACT US page.