Premiere Points Program Terms

1. Premiere Points Membership Eligibility

Premiere Points is open only to legal residents of one of the fifty (50) United States or the District of Columbia who are 18 years of age or older. Eligible individuals who are at least 18 years old but under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to enroll. No employee of LaserAway, any of its affiliates, or any LaserAway Clinic, nor any business entity, organization, or group, may register for Premiere Points or use Benefits. Premiere Points Membership is valid only at participating LaserAway locations.

In order to be eligible for a Premiere Points Icon Membership, you must make a minimum purchase of the amount set forth on Exhibit A, exclusive of the Premiere Points Icon Membership fee, in the same transaction. The minimum purchase requirement is waived for those who timely renew for back-to-back Icon Memberships.

You agree to take commercially reasonable precautions to protect any usernames and passwords or other credentials for your Premiere Points account and you agree you will not sell, transfer or assign your Premiere Points Membership or any Premiere Points Membership rights. If you access your Premiere Points account online, you agree to take commercially reasonable precautions to maintain the confidentiality of your password and restrict access to your computer (or other device, as applicable) so that others may not access your Premiere Points account.

An individual may not have more than one Premiere Points account, and you agree not to participate under more than one (1) Premiere Points account. If you have created more than one (1) Premiere Points account, please contact LaserAway Customer Service at [email protected] and a representative will assist you in merging your accounts (provided that, if LaserAway determines or reasonably suspects that you have created multiple accounts in an attempt to abuse Premiere Points, LaserAway may terminate all accounts as described in Section 8 below). Only one (1) account will retain unused Benefits, including any Points (defined below). Benefits in the surviving Premiere Points Membership account will remain unaffected, but all unused Benefits, including all Points not yet issued, in any other accounts merged into the surviving Premiere Points Membership account will be forfeited. It may take up to seven (7) days to process your request. Permitted account mergers are final and non-reversible upon submission of a merger request.

2. Premiere Points Membership Enrollment

To enroll in Premiere Points, you must opt-in to the program and provide all required enrollment information, including, without limitation, name, telephone number, and e-mail address to LaserAway by submitting the Premiere Points enrollment form at the Premiere Points Website, at a participating LaserAway location, or via other means that LaserAway may make available from time to time. After you complete your registration and we receive your Annual Fee (defined below), if applicable, you will become a member of Premiere Points (“Premiere Points Member“). LaserAway reserves the right, in its sole discretion, to verify your information at any time and to suspend or terminate your account and your ability to participate in the Premiere Points for any reason and without notice to you, including, without limitation, if LaserAway determines or suspects you of fraudulent activity or non-compliance with any provision of these Terms or the Site Terms. As provided in Section 8 of these Terms, such suspension or termination may result in the loss of your Benefits and any Points associated with your Premiere Points account. You are responsible for any loss or inability to use or participate in Premiere Points (such as an inability to redeem Benefits) arising from your failure to provide and maintain accurate contact information.

Premiere Points Members agree to receive email and direct mail messages from LaserAway using the contact information provided by that Member. Such messages may include system updates, flash bulletins, Member Level (defined below) Benefits offers, Benefit confirmations, administrative announcements, special requests, marketing communications, and the like. Members who have opted out of receiving marketing emails from LaserAway will still be able to participate in Premiere Points and receive messages about their Premiere Points account (e.g., birthday benefit and news about changes to these Terms).

3. Member Levels

Premiere Points Membership is divided into status tiers (each a “Member Level“).

Eligible participants may join Premiere Points for free (“Premiere Points Insider Membership” or “Insider Membership“), or pay the Annual Fee (defined below) for an Icon Premiere Points membership (“Premiere Points Icon Membership” or “Icon Membership“) that entitles the Icon Member to additional Benefits as further described in these Terms, including in Exhibit A, and on the Premiere Points Website. “Premiere Points Membership” or “Premiere Points Member” refers to an Insider Membership/Member or Icon Membership/Member where distinction is not necessary.

Details regarding the Member Levels, including the Benefits for each Member Level, are provided on the Premiere Points Website and in the Benefits Chart and are subject to change at any time. For information about current Member Levels, Benefits, and restrictions, see the Premiere Points Website. Benefits in connection with the Icon Membership status are available beginning on the day the Annual Fee is paid. Benefits provided to Premiere Points Members with a particular Member Level status may have additional terms (all as described on the Premiere Points Website or in other Premiere Points materials related to such benefit).

4. Premiere Points Icon Membership Fees and Term

Annual Premiere Points Icon Membership fees (“Annual Fees“) are displayed on the Premiere Points Website. LaserAway reserves the right to change the Annual Fees at any time, provided that such changes will apply only to new and renewal Premiere Points Icon Memberships commenced on or after the effective date of the fee increase. Icon Members may cancel their Premiere Points Icon Membership at any time as provided under Section 8 of these Terms; however, Annual Fees are non-refundable.

The Premiere Points Icon Membership is valid for one (1) year from the date of purchase (“Membership Term“), except as otherwise set forth in these Terms.

Icon Membership does not autorenew. In each year that the Premiere Points Icon Membership is in effect, you may renew your Premiere Points Icon Membership by paying the then-current Annual Fees prior to expiration of the current Membership Term. A renewal within a current Icon Membership Term extends the existing expiration date of the Icon Membership Term by one (1) year, with the renewal term beginning the day after your current Membership Term ends. If you renew within your current Membership Term, the minimum purchase eligibility requirement does not apply.

There is a thirty (30) day grace period following the expiration of the Membership Term within which to renew. If you renew during this grace period, you will not need to make a new minimum purchase, but your new Membership Term will begin on the day you renew and will not be retroactive to the end of your previous Membership Term.

Icon Members who do not renew their Icon Membership will maintain their participation in Premiere Points as an Insider Member. Insider Membership accounts remain valid until cancelled or terminated in accordance with these Terms.

LaserAway may restrict Icon Members from purchasing more than one (1) renewal per year. A Premiere Points Member’s enrollment and participation in Premiere Points is personal and non-transferable. Benefits may not be purchased, sold, bartered, brokered or otherwise transferred. Premiere Points membership accounts, Points, and Benefits are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. Any offers Premiere Points Members receive as a result of their membership are specific to that Premiere Points Member’s membership account, unless otherwise stated, and are non-transferable. A Premiere Points Member’s membership number cannot be used by anyone other than the Premiere Points Member, including, without limitation, in order to redeem Benefits, an elevated Member Level, or other Benefits. LaserAway may limit the number of Premiere Points Members and may temporarily or permanently discontinue registering new Premiere Points Memberships at any time and for any reason without notice to you.

5. Earning Points

As one of the available Benefits, Premiere Points members can earn points for qualifying purchases (“Points“) that can be redeemed towards future qualifying purchases at participating LaserAway locations, as described in more detail in Exhibit A and on the Premiere Points Website. To earn Points on your purchase, you must identify yourself as a Premiere Points Member and present information sufficient for LaserAway to locate your Premiere Points Membership account (such as the telephone number or email address associated with your account). Points are earned upon payment in full, and your membership status at the time of earning, determines eligibility and number of Points awarded. Note that if you are financing your payment, LaserAway receives payment in full from the lender shortly after your transaction date, and we therefore consider amounts to be paid by lenders as “paid in full” as of the transaction date.

Points expire 12 months from the date they are earned and are subject to these Terms and the terms set forth on the Premiere Points Website, or as otherwise set forth at the time of the qualifying purchase.

Points may be credited only to one (1) Premiere Points Membership account. Points will be credited to a Premiere Points account following payment in full, as described above. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. LaserAway will not be responsible for, or liable to, any Premiere Points Member, person or entity, in any way for any losses, costs or expenses incurred by a delay in crediting Points to a Premiere Points Member’s membership account.

LaserAway reserves the right to change, modify, or update eligible purchases and transactions to earn Points at any time. LaserAway may provide additional opportunities to earn Points in its sole and absolute discretion, provided that LaserAway will have no obligation to offer such additional opportunities to all Premiere Points Members.

In the event that a Premiere Points Member has a qualifying purchase or transaction that is later reversed or refunded (for example, when returning a product), corresponding Points will be deducted from the Member’s account.

6. Redeeming Benefits

Benefits may be redeemed only when purchasing eligible products and services over the phone or in our clinics, as described in more detail in Exhibit A and on the Premiere Points Website.

To redeem Benefits, you must identify yourself as a Premiere Points Member and present information sufficient for LaserAway to locate your Premiere Points Membership account (such as the telephone number or email address associated with your account) when making a purchase. Benefits are subject to availability and limitations as may be imposed by LaserAway. Each Premiere Points Member is solely responsible for all federal, state, and local taxes and any other costs or expenses of accepting, receiving, and using Points and other Benefits, unless LaserAway specifically states otherwise in writing.

A list of current Benefits will be available at LaserAway locations and on the Premiere Points Website. LaserAway may add, remove, or alter Benefits available for redemption in its sole discretion. LaserAway reserves the right to limit the redemption of Points and limit the number Benefits available at any particular time for either Member Level status.

Benefits may not be available at all locations or in connection with all LaserAway events, notwithstanding any errors in advertising to the contrary. In the event of technical failures or difficulties or other reasons, Benefits, including the ability to redeem Points, may not be available. Premiere Points Members are not entitled to any compensation as a result of such technical failures or difficulties.

In the event that you redeem Points as part of a purchase transaction and that purchase is later refunded, the Points will be forfeited and not restored to your account, and no refund of the redemption value will be provided.

7. Loss of Benefits; Cancellation; Termination

A Premiere Points Member may cancel their Premiere Points Membership at any time, for any reason, by contacting LaserAway customer service at [email protected]. In your communication with LaserAway, please include the telephone number or email address associated with your Premiere Points Membership. If you cancel your Premiere Points Icon Membership, the Annual Fee is non-refundable.

A Premiere Points Member’s membership is deemed terminated immediately in the event of that Premiere Points Member’s death, and all Benefits and any Points accrued are forfeited. If a Premiere Points Membership account is inactive for a period of 18 months or more, LaserAway reserves the right to terminate the Membership.

Upon cancellation or termination, the Premiere Points Member’s active membership will immediately cease, and that Premiere Points Member may no longer earn Points or receive Benefits, unless that Premiere Points Member re-enrolls in Premiere Points, in which case the Premiere Points Member will be treated as a new member. Any Points earned and Benefits received will be forfeited upon termination or cancellation of a Premiere Points Member’s account. Upon cancellation of a Premiere Points Membership, LaserAway may maintain your Premiere Points Membership account information in accordance with LaserAway’s data retention policy and Privacy Policy. After cancellation, LaserAway may send you messages from time to time using the contact information provided by you, unless you opt-out of receipt of such communications by modifying your choices on the Premiere Points Website or following any opt-out instructions that may be provided in the communications. LaserAway will not provide any refund for any unredeemed Benefits following cancellation.

Notwithstanding the foregoing, LaserAway reserves the right to suspend or terminate, at LaserAway’s sole and absolute discretion, any Premiere Points account if LaserAway believes that Premiere Points Member has abused Premiere Points privileges, has violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to our interests. Abuse or violations that may result in suspension or termination include, but are not limited to: (i) using automated or fraudulent means to participate in the Premiere Points; (ii) your failure to follow these Terms, the Site Terms, and any other terms and conditions applicable to you in connection with your relationship with LaserAway; (iii) the attempted or actual sale or transfer of any of your Points or Benefits or your Premiere Points account itself; and (iv) making a misrepresentation to LaserAway in connection with your participation in the Premiere Points. Premiere Points Members understand and agree that termination by LaserAway of a Premiere Points account will result in the immediate forfeiture of all Member Level Benefits, including Points earned and associated with that Premiere Points Member’s account and the inability of that Premiere Points Member to redeem Member Level Benefits. No refunds will be provided to persons whose account is terminated or suspended by LaserAway under this paragraph, irrespective of when such account is terminated or suspended. In addition, LaserAway reserves the right to take administrative or legal action against you, including seeking criminal prosecution, in its sole discretion.

If, as a result of acts beyond LaserAway’s control, such as strikes, boycotts, war, epidemics/pandemics, acts of God, riots, terrorism, delays of commercial carriers, restraints of public authority, LaserAway locations are closed, Premiere Points cannot run as planned or Benefits cannot be provided, LaserAway reserves the right, in its sole discretion, to cancel, modify or suspend Premiere Points or Premiere Points Benefits in which case LaserAway may toll Icon Membership Terms or provide a pro rata refund to Icon Members, as determined in LaserAway’s sole discretion.

LaserAway reserves the right to terminate Premiere Points, or any or all Benefits under Premiere Points, at any time, for any reason, including without limitation, upon sale of LaserAway locations. In the event LaserAway elects to terminate Premiere Points, LaserAway will provide a notice of termination in accordance with these Terms. In the event of such termination, at LaserAway’s election, LaserAway will either maintain your Premiere Points Member Benefits until expiration of the current Membership Term or refund to you a pro-rata portion of the Annual Fees for the remaining portion of your current Icon Membership Term. If LaserAway elects to maintain your Premiere Points Member Benefits through the remainder of your current Membership Term, all Member Level Benefits in your Premiere Points Account that remain unredeemed will be cancelled and forfeited at the conclusion of your existing Membership Term. If LaserAway elects instead to issue a pro-rata refund of your Annual Fees, all Member Level Benefits in your Premiere Points Icon account that remain unredeemed will be cancelled and forfeited immediately and will issue your refund in approximately 6 weeks after Premiere Points termination.

8. General Restrictions

You agree to abide by the final and binding decisions of LaserAway regarding the Premiere Points and your participation in it. LaserAway will be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules, and any decision it makes relating to termination, suspension, or disabling of Premiere Points Membership will be final and binding.

Should a Premiere Points Member object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with Premiere Points, that Premiere Points Member’s only recourse is to immediately discontinue participation in Premiere Points and cancel their Premiere Points Membership account in the manner provided above.

9. Disclaimer of Warranties/Limitation of Liability

To the maximum extent permitted by applicable law, Premiere Points Members expressly agree that use of, and participation in, the Premiere Points is at the Premiere Points Member’s sole risk. Premiere Points Members further agree that LaserAway and its subsidiaries and affiliated companies (including direct and indirect subsidiaries, sister and parent companies, and their predecessors and successor in interest), and their respective officers, directors, managers, employees, agents, suppliers, vendors, content providers, licensors, licensees, and other representatives (each a “LaserAway Party” and, collectively, the “LaserAway Parties“) will not be liable to Premiere Points Members or anyone else for any loss or injury or any indirect, incidental, consequential or special damages arising out of use or enrollment in Premiere Points or arising out of any action taken in response to or as a result of any information available through the Premiere Points. Each Premiere Points Member hereby waives any and all of the above claims against the LaserAway Parties and their respective agents, representatives or licensors arising out of, or in connection with, his/her participation in the Premiere Points.

Further, you agree that no LaserAway Party is responsible, and will have no liability to you, for: any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these Terms or in any Premiere Points-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.

To the maximum extent permitted by applicable law, you agree that Premiere Points and all services and Benefits offered therein are provided on a strictly “as is,” “as available,” and “with all faults” basis. The LaserAway Parties make no warranty with regard to any products, services or Benefits obtained by Premiere Points members through the Premiere Points or through any advertisers, sponsors or partners. The LaserAway Parties make no warranty that the Premiere Points will be uninterrupted, timely or error free, nor does any Premiere Points party make any warranty as to the results that may be obtained from the use of the Premiere Points. Each Premiere Points member hereby waives any and all claims against the LaserAway Parties arising out of or in any way relating to his/her use of or enrollment in the Premiere Points, or use of the LaserAway website, the information available thereon, and the modification of these Terms. Your sole remedy for dissatisfaction with any portion of the Premiere Points is to cease your participation in the program, and the sole and exclusive maximum aggregate liability of LaserAway for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) will be the greater of five dollars ($5.00) or, if applicable, the total amount paid by you for Premiere Points Membership. The prior limitation on damages is not intended to limit your rights to recover attorneys’ fees or costs where applicable or to limit the LaserAway Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the LaserAway Parties’ liability for personal injury or tangible property damage caused by the LaserAway Parties’ gross negligence, fraud or intentional, willful, malicious or reckless conduct.

LaserAway expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or the availability of seating for a particular performance(s) of an exhibition. LaserAway will not be liable or responsible for those guarantees, warranties and representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by a Premiere Points Member from or through the Premiere Points or LaserAway will create any warranty not expressly made in these Terms. LaserAway is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect Benefits.

LaserAway will be excused from performance under these terms to the extent LaserAway is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of god, (2) acts of war, terrorism, insurrection, riots, civil disorders, or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of LaserAway.

You agree that in the event you incur any damages, losses or injuries that arise out of LaserAway’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing the continued operation of the Premiere Points, or any web sites, mobile apps, property, product, or service owned, operated, or controlled by any of the LaserAway parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Premiere Points or any web site, mobile app, property, product, or service owned, operated, or controlled by any of the LaserAway Parties.

By participating in the Premiere Points, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:

10. Participation in Promotions of Advertisers and Partners

Premiere Points Members acknowledge that LaserAway does not endorse the contents of any advertisements of our partners or sponsors, if any, appearing in connection with the Premiere Points. Premiere Points assumes no liability, obligation, or responsibility for any part of any correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion. Premiere Points Members understand that, in some cases, there may be a delay in the crediting of Points for promotions of advertisers, sponsors, or partners due to reasons outside of LaserAway’s control. Premiere Points Members agree that LaserAway will not be responsible or liable for any losses, claims, costs, or expenses incurred as a result of any such delay or failure to credit Points. LaserAway will not be liable or responsible for guarantees, warranties, and representations, if any, offered by advertisers, manufacturers of merchandise or suppliers of services. LaserAway is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect Benefits.

11. Notices

Notices given by Premiere Points will be transmitted, in LaserAway’s sole discretion, by e-mail, regular mail, general posting on the Premiere Points Website, postings in participation in LaserAway locations, or through other methods as may be deemed appropriate by LaserAway or permitted under law. Notices in connection with the modification of these Terms will be provided as stated in Section 15 below.

12. Governing Law, Class Action Waiver, Dispute Resolution, and Arbitration

By joining Premiere Points, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without giving effect to any conflict of law provisions, together with the JAMS (defined below) rules, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, such claim shall be brought in a court of competent jurisdiction in New York, New York, and the normal choice-of-law rules shall apply to such proceeding.

Except for disputes relating to the infringement of your or LaserAway’s intellectual property (such as trademarks, trade dress, copyright and patents) or where LaserAway is seeking injunctive relief (the “Excluded Disputes”), you and LaserAway each agree to finally settle all Covered Disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your participation in Premiere Points will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction as set forth in the Governing Law/Venue section above. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, LaserAway will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of LaserAway (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

You and LaserAway agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against LaserAway within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that — in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration — (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and LaserAway agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: LaserAway, ATTN: Arbitration Opt-out, 1133 Broadway, Suite 928, New York, NY 10010, or by email to [email protected]. For new users, the notice must be sent within 30 days of registering an account with LaserAway, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, LaserAway also will not be bound.

13. General

Premiere Points is void where prohibited by law. You agree not to participate in the Premiere Points if it is illegal to do so in your jurisdiction. In our sole discretion, we may assign these Terms in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. If any provision(s) of these Terms is held to be unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by in writing. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms will be construed as creating any agency, partnership, or other form of joint enterprise between you and LaserAway. You agree that these Terms will not be construed against LaserAway by virtue of LaserAway having drafted these Terms.

14. Indemnification

To the maximum extent permitted by applicable law, Premiere Points Members agree to defend, indemnify and hold the LaserAway Parties harmless from any and all losses, damages, judgments, liabilities, claims, demands, costs, investigations, settlements and expenses, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your participation in the Premiere Points or activities in connection therewith; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) the LaserAway Parties’ use of your information as permitted under these Terms, or any other written agreement between you and us. You will cooperate as fully required by the LaserAway Parties in the defense of any claim. The LaserAway Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the LaserAway Parties. This Section will survive the termination of this Agreement.

15. Modification of These Terms

LaserAway reserves the right to modify these Terms from time to time, with reasonable notice to Premiere Points Members. LaserAway will notify you of changes to the Terms by posting the updated Terms on the Premiere Points Website and may also choose to notify you by email to the address then associated with your Premiere Points account or by other means. The updated Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by LaserAway. The updated Terms will apply to your participation in the Premiere Points beginning as of their effective date.

16. Entire Agreement

These Terms constitute the complete and exclusive understanding between LaserAway and Premiere Points Members relating to the subject matter of these Terms and supersede all prior or contemporaneous understandings, agreements and/or advertising relating to the subject matter of these Terms. Both parties acknowledge that they have not been induced to enter into these Terms by any representations or promises not specifically stated in these Terms. Use of the Premiere Points Website and mobile application is subject to LaserAway’s Terms and Conditions.

17. Contact Us

We welcome questions, comments, and suggestions about our program. Questions or correspondence regarding the program should be directed to [email protected].

The following details are subject to the Premiere Points Terms into which this Exhibit is incorporated.