Ionic Breeze® definition
Examples of Ionic Breeze® in a sentence
If the number of Putative Class Members who opt-out does exceed more than 2% of the Putative Class Members contained in the Ionic Breeze® Database, Settling Defendant shall have the right to terminate this Agreement.
In allowing claims, disallowing claims, and tendering the Settlement Packages to the allowed Settlement Class Members, the Claims Administrator shall rely solely on the Opt-Out Form, Claim Form, Proof of Purchase, Customer Numbers, and Product Identification Documentation that is timely and properly submitted to the Claims Administrator by the Settlement Class Members, as well as the information contained on Ionic Breeze® Database.
Upon preliminary approval by the Court of this Settlement Agreement and conditional certification of the Settlement Class and approval of the forms and notices contemplated by § 5.2, Settling Defendant will provide (with oversight by Settlement Class Counsel and Settling Defendant’s Counsel and cost borne by Settling Defendant) Putative Class Members who are identifiable by the Ionic Breeze® Database with the Class Notice in the Sharper Image catalog.
In allowing claims, disallowing claims, and tendering the Settlement Packages to the allowed Settlement Class Members, the Claims Administrator shall rely solely on the Opt-Out Form, Claim Form, Proof of Purchase, Customer Numbers, and Product Identification Documentation that is timely and properly submitted to the Claims Administrator by the Settlement Class Members, as well as the information contained in the Ionic Breeze® Database.
Additionally, the Ionic Breeze® unit for which the Settlement Class Member is filing a claim cannot be the subject of a claim by another Settlement Class Member.
Notice of the settlement, preliminary approval of the settlement, the fairness hearing, and other related matters was provided as follows: Written notice was provided in Sharper Image’s catalog, which was sent for delivery in or about the last week of March 2007, to all Putative Settlement Class Members whose names appeared in the Ionic Breeze® Database who had not opted out of Sharper Image’s catalog program.
Those Putative Class Members who have chosen not to get the Sharper Image catalog but are contained within the Ionic Breeze® Database will get individualized notice by mail.
Settlement Class Counsel, Plaintiffs, and the Settlement Class Members agree not to disparage the Ionic Breeze® or Sharper Image and its products, and expressly waive any right to assert First Amendment, Free Speech, or anti-SLAPP protection in any action to enforce this provision.
Those Putative Class Members who are not found in the Ionic Breeze® Database will receive Summary Notice of Settlement by publication.
Sharper Image denies and has asserted a number of defenses to each and every one of the allegations in the above-captioned litigation (the “Class Action”) regarding the efficacy of the Ionic Breeze® products.