Loyalty & Rewards Policy

Last Updated: 10/16/2024

The Norvell Rewards Loyalty Program (“Norvell Rewards”) is offered by Norvell Tanning, a division of Sunless Inc (“Norvell Tanning”, “we”, or “us”).

These terms and conditions (the “Terms”) apply to the Norvell Rewards and any promotional activity and member transactions relating to the Norvell Rewards. By registering for and participating in the Norvell Rewards, you agree to be bound by these Terms.

NOTICE OF AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER CONTAINED IN THESE TERMS.

Table of Contents

A. Enrollment/Sign Up to the Norvell Rewards

1. There are two ways to become a Norvell Rewards Member (as defined herein):

a. Automatic Enrollment Upon Account Creation: You will be enrolled in the Norvell Rewards when you create an Account (as defined below).

b. Sign Up: You can sign up to Norvell Rewards (1) online at the following website: https://norvelltanning.com/pages/rewards, (2) by phone by contacting Norvell Tanning customer service at 1-888-974-9977; (3) at Trade Shows or qualifying Norvell Events; or (4) any other sign-up method authorized by Norvell Tanning in its sole discretion.

2. You must notify us if your email address or any other personal details provided as part of sign-up changes. Norvell Tanning is not responsible for any loss of Norvell Rewards benefits arising from you not notifying us of any change in personal details.

3. Limit one (1) Norvell Rewards loyalty account (“Account”) permitted per person and per email address.

B. Eligibility

1. Norvell Tanning staff and employees are not eligible to join the Norvell Rewards.

2. Norvell Tanning reserves the right to disqualify any customer from participating or cancel any membership if, in our sole judgment, the Member appears to be violating these Terms, including but not limited to perpetrating a fraud, manipulating the Norvell Rewards, abusing the privileges of membership, or otherwise acting in a manner inconsistent with the intent of these. The Norvell Rewards Points balance will be forfeited upon disqualification or cancelation.

3. To remain eligible for the Norvell Rewards, you must maintain an active Account. Account activity means (i) making a qualifying Norvell Tanning purchase, (ii) earning Points for incentivized actions (examples may include leaving a review, social media posts, etc.), (iii) earning Points for incentivized actions, or (iv) redeeming Points (collectively "Account Activity").

4. You must be at least 18 years of age to enroll to become members (“Member”) in the Norvell Rewards.

5. The Norvell Rewards is available to Norvell Tanning customers in the United States.

Member communications and personal data

1. When you join the Norvell Rewards, you agree to receive advertising and marketing materials, and you will automatically be subscribed to receive email communications and/or push-notifications from Norvell Tanning for the purposes of:

2. You can opt out of receiving these communications by (1) clicking the ‘unsubscribe’ button at the bottom of any Norvell Rewards email or push notification, or replying STOP in SMS communications, or (2) updating your preferences in your Account.

3. By providing your wireless phone number to Norvell Tanning, you expressly consent to receive informational and marketing calls and text messages from Norvell Tanning, including sent by automated or prerecorded means, to the number provided above. Consent is not a condition of purchase. Consent may be revoked at any time by following the steps outlined above. Your wireless carrier's standard message and data rates may apply.

4. Norvell Tanning offers access to loyalty program messages and general marketing/transactional messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires a customer to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive messages from Norvell Tanning, you agree to these terms and conditions, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this service.

5. The Norvell Tanning text alert programs are offered on an "as is" basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Norvell Tanning may change or discontinue any of its text alert programs without notice or liability to you. Norvell Tanning and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any Norvell Tanning text alert program or from technical failures or delays of any kind. Norvell Tanning reserves the right to cease delivery of text alerts to any person at any time in its sole discretion. Carriers are not liable for delayed or undelivered messages.

6. By joining the Norvell Rewards you agree to let us collect, use and disclose your data (including personal information) in accordance with our Privacy Policy.

C. Earning Norvell Rewards Points

1. You can earn Norvell Rewards points (“Points”) by (i) making a purchase, (ii) sharing on social, (iii) leaving a review and/or referring friends. Current options and further details on each option for obtaining Points are listed below:

a. Purchases: Earn Points for every dollar (rounded down to the nearest dollar) you spend on Norvell Tanning products, as per below.

i. Online Purchases: Simply shop on our online store (https:// norvelltanning.com) and your Points will be automatically added to your Account once the order is shipped. You must be signed into your Account when you make a purchase for Points to be accrued;

ii. Qualifying Event Purchases: Product purchased at Trade Shows, Norvell University courses, and other qualifying Norvel Events.

Your Points earn rate per dollar spent is determined by your Membership Tier (as further detailed below in these Terms). Points will be accrued at the following rate:

Ascension Tier: $1 USD spend = 1 Point
Celestial Tier: $1 USD spend = 1.25 Points
Ethereal Tier: $1 USD spend= 1.5 Points
IcoN Tier: $1 USD spend = 1.75 Points

Spend excludes shipping costs and Points are calculated on your actual spend after any promotions, Discount Codes (as defined herein) or gift cards.

Examples of the award of Points for purchases where a Discount Code applies, are outlined below:

i. If you purchase a product which is $100 and receive a 30% discount on the purchase (total spend $70), you will receive seventy (70) Points.

ii. If you purchase a product which is $100 and use a $40 Discount Code on the purchase (total spend $60), you will receive sixty (60) Points.

b. Place Your First Order: Earn twenty-five (25) points when you place your first order. Points will be automatically added to your Account once the order is shipped. You must be signed into your Account when you make a purchase for Points to be accrued;

c. Share: From time to time, at Norvell’s sole discretion, Norvell Tanning may reward our favorite Norvell Tanning pics on Instagram with bonus Points or a Discount Code. To be eligible, be sure to tag @Norvelltanning and include #norvellrewards for a chance to get some extra Points or a Discount Code! If your pic is selected, our Norvell Team will DM you your loyalty Points or Discount Code.

d. Following: Earn five (5) Points when you follow Norvell Tanning on Facebook; Earn five (5) Points when you follow Norvell Tanning on Instagram; and Earn five (5) Points when you follow Norvell Tanning on TikTok. In order receive the Points you must click through to Facebook, Instagram and/or TikTok from the Norvell Tanning Rewards webpage;

e. Review: Earn twenty-five (25) Points when you leave a review at https://www.norvelltanning.com. You must be signed into your Account before placing the review. For a photo or video attached to your review we will add an extra ten (10) Points. Reviews that contain obscene, offensive, or other language and/or images communicating messages inconsistent with the images with which Norvell Tanning wishes to associate itself (as determined by Norvell Tanning in its sole discretion) will be void and disqualified. You represent that each review reflects your honest and truthful opinions and actual experiences.

f. Tell Us About Your Business: Earn Fifty (50) Points when you complete our form at https://norvelltanning.com/pages/tell-us-about-your-business telling us about your business.

2. We may deduct from your Account any Points:

a. credited to your Account as a result of an error;

b. relating to a transaction that has been cancelled, reversed or refunded;

c. relating to any suspected fraudulent activity; or

d. relating to an order that Norvell Tanning reasonably believes was for a commercial purpose or commercial in quantity.

3. Your Norvell Rewards Point balance and any Discount Codes you redeem through the Norvell Rewards are not transferable to anyone else and are not redeemable for cash.

D. Redeeming Norvell Rewards Points

You can redeem your Points for Discount Codes or Product Codes available in the Norvell Rewards current product catalogue. Once Points have been redeemed for a Discount Code, you cannot redeem the same Points for a Product Code, and vice versa.

1. Redeem Points for a Product Code. Once you choose to redeem your Points for a product, you will be issued with a product code (“Product Code”). You must select that product at https://norvelltanning.com and include the Product Code at checkout to redeem. Standard shipping fees will still apply.

2. Redeem Points for a Discount Code. Norvell Rewards Discount Codes (“Discount Codes”) are redeemable at https://norvelltanning.com. Only one Discount Code can be used per transaction. Discount Codes can be self-issued via https:// norvelltanning.com by following the prompts to redeem Points for a Discount Code. Standard shipping fees will still apply.

Points	Norvell Rewards Discount Code amount
100	$5 USD
200	$10 USD
300	$15 USD
400	$20 USD

When you convert your Points into a Discount Code, you will have 90 calendar days from the date of conversion to use your Discount Code. If you return or cancel an order in which you redeemed a Discount Code, the Discount Code will be reissued to your Account with its original expiry date.

3. Each Discount Code and Product Code can only be used once.

4. When using a Discount Code, you must spend at least $1. Discount Codes are not valid for use towards the purchase of gift cards. Norvell Tanning reserves the right to exclude certain items and promotions from being redeemed by using a Discount Code at any time in its sole discretion.

5. Points will expire 12 months following the date they are earned. This means that if you make multiple purchases in one year, you will have Points expiring on multiple dates the following year. If you are to return your order after Points were assigned, those Points will be deducted from your Points balance. For example: If you spend $50 on March 1st of the first year, you will earn 50 Points. These Points will expire at the end of February of the second year.

6. We will use commercially reasonable efforts to notify you using the email address linked to your Account approximately one (1) month before any of your Points are due to expire, if you have not opted out of receiving communications. If you do not receive email notifications from us, please check you Junk folder. You can also view your Point expiration details when you are logged in to your Account.

E. Norvell Rewards Membership Tiers

1. The current spending thresholds for each membership tier (“Membership Tier”) are as follows:

Norvell Reward Membership Level	Spend per Membership Year USD
Ascension	$0- $399.99
Celestial	$400 - $799.99
Ethereal	$800 - $1499.99
IcoN	$1500 and up

2. Your Norvell Rewards Membership year starts from (i) the date you joined Norvell Rewards; or (ii) the date you last changed or maintained your Membership Tier (whichever date is later). Your Norvell Rewards Membership year runs for 12 months. (a “Membership Year”).

3. Spend excludes shipping costs and is calculated on your actual spend after any promotions and Discount Codes.

4. At the end of each Membership Year, your Membership Tier will be determined by your spend on Norvell Tanning in that Membership Year and your spend balance will be reset to $0. You will then remain in that Membership Tier until the end of your next Membership Year, unless your rolling 12-month spend qualifies you to move to a higher Membership Tier, or if your Points balance is less than the minimum required for that Membership Tier, you will downgrade to the previous Membership Tier.

F. Member Benefits

The benefits that members of each Membership Tier are eligible to receive are set out in the table below (“Member Benefits”). These Member Benefits may change in Norvell Tannings sole discretion subject to these Terms.

Membership Tier	Ascension US $0 - $399.99 spend in a membership year	Celestial US $400 – $799.99 spend in a membership year	Ethereal US $800 - $1,499.99 spend in a membership year	IcoN US $1,500 and higher spend in a membership year
Membership Tier benefits	25 Points for your first online purchase Free Shipping over $50 25 points for your Birthday	25 Points for your first online purchase Free Shipping over $50 50 points for your Birthday 50% off Retail Products	25 Points for your first online purchase Free Shipping over $50 75 points for your Birthday 50% off Retail Products	25 Points for your first online purchase Free Shipping over $50 100 points for your Birthday 50% off Retail Products

 

Norvell Birthday Rewards

1. Members who are eligible for a Birthday reward will receive their Birthday gift via email (if they have not opted out of communications) on the birthday noted in their Account, or at such other time as Norvell Tanning considers appropriate. Birthday Rewards may change from time to time at Norvell Tannings discretion. The bonus Points for your birthday will be provided on the date of your birthday.

2. Your Birthday gift is redeemable online only and must be used within 30 days of the date of issuance. You must be logged in to your Norvell Rewards account to redeem your Birthday gift. Birthday gifts not redeemed within 30 days of issuance will be rendered null and void.

G. Changes; Termination and/or Removal; Account Closure

Changes

Norvell Tanning may, in its sole discretion, alter, limit, or modify the Norvell Rewards rules, regulations, benefits, Points, eligibility for Membership, or any other feature of Norvell Rewards (including assigning any of its obligations to customers under Norvell Rewards at any time to another person or entity, without recourse) or may terminate Norwell Rewards any time at its sole discretion, by posting any such changes on the Norvell Tanning website. Where required by law, Norvell Tanning will send you a written notice of material changes, not more than 90 days and at least 60 days prior to the effective date of the change, setting out the amended terms and the date of the coming into force of the amendment. YOUR CONTINUED PARTICIPATION IN NORVELL REWARDSFOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Termination or Removal

Norvell Tanning reserves the right to exclude individuals from Norvell Rewards, remove Points from a member’s account and/or cancel orders that are not consistent with Norvell Tanning policy in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of Norvell Rewards or its rules (as determined by Norvell Tanning) including multiple redemptions of Birthday Gifts by the same individual via different accounts, failure to follow any terms of Norvell Rewards, including, but not limited to the eligibility requirements, Membership inactivity for more than 12 months, reselling Rewards or Birthday Gifts, any misrepresentation or any conduct detrimental to the interests of Norvell Tanning not otherwise protected by law may subject Members to (i) Membership revocation, (ii) deduction of Points obtained through these abusive or manipulative activities, or (iii) cancellation of orders, and may affect eligibility for further participation in Norvell Rewards. Norvell Tanning may elect to use a third-party provider to monitor purchases and identify activities that violate the terms of the Norvell Rewards or other Norvell Tanning policy. Norvell Tanning may use this data to help it make decisions regarding participation in Norvell Rewards, awarding of Points and order fulfillment. Membership is non-transferable and Membership purchases must be made by the Member. If your Membership is revoked or otherwise cancelled, any Points in your Account will automatically expire.

Account Closure

If you choose to close your Account, you can do so by contacting Norvell Tanning Client Services or via self-closure. Accounts that are closed can be re-opened upon request by contacting Norvell Tanning Client Services by calling 1-888-974-9977. If you close your Account, you must agree to the terms of closure:

1. You will no longer be able to log into your Account, and Customer Service will not be able to check your Account in Norvell Tanning stores.

2. You will forfeit all of your existing Points, tier status, and tier benefits.

3. You will no longer accrue Points on purchases.

4. You will lose access to your Account, including the ability to post product reviews, upload photos, participate in Forums/Groups, or answer any product Q&As.

5. You will be opted out of all Norvell Tanning marketing, including emails, SMS, and push notifications.

Closing your Account will not affect open orders, returns, and paid service appointments.

H. Notice Of Financial Incentive

Under applicable U.S. state law (for example, California, Colorado, and Connecticut), the Norvell Rewards may be considered a financial incentive program and a bona fide loyalty program. In order to provide you with the incentives and Points under the Norvell Rewards as described in these Terms, we use personal information about you, including, for example, your first and last name, phone number, email address, purchase history (such as those connected to earning and/or redeeming Perks), physical address, birth date, etc. to identify you as a Member of the Norvell Rewards and to associate you with your transactions (such as those connected to earning and/or redeeming Rewards) and your Account. We are unable to provide and administer the Norvell Rewards and provide you with an Account without such information. For example, without your personal information, we have no method available to associate your transactions with your Account and are unable to verify your access to your Account.

In such context, the value of the personal information you provide us is related to the non-fixed value of the Points, as described further described in these Terms, that you can obtain through your participation in the Norvell Rewards, less the expense to Norvell Tanning in its offering and administration of the Norvell Rewards.

As stated above, we process all personal information in accordance with the Privacy Policy. Consistent with the Privacy Policy (and without limiting our rights under the Privacy Policy), in providing and administering the Norvell Rewards we may disclose your personal information to our Loyalty Partners (as defined below), service providers (including, without limitation, payment processing companies, fraud prevention providers, cloud storage providers, IT service providers, and marketing companies), other merchants, and law enforcement. Yotpo is considered a “Loyalty Partner” and assists in providing and facilitating the Norvell Rewards. The Loyalty Partner hosts and manages the Norvell Rewards platform.

You can opt-in to the Norvell Rewards through the methods set forth above in these Terms. You have the right to withdraw—and to have your Account cancelled and deleted permanently (including, without limitation, all Points you may have earned) therein—at any time by emailinginfo@norvelltanning.com. You acknowledge that upon the deletion and cancellation of your Account, your Points will also be deleted, and you hereby forfeit all such Points upon any such cancelation and deletion.

I. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NORVELL TANNING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN NORVELL REWARDS, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF NORVELL REWARDS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON NORVELL TANNING'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM NORVELL TANNING AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

J. Copyright

All Norvell Rewards design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2024 Norvell Tanning., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Norvell Rewards content is the exclusive property of Norvell Tanning and protected by U.S. and international copyright laws. Unless otherwise indicated one part of the Norvell Rewards materials, permission is granted to electronically copy and to print in hard copy portions of Norvell Rewards materials for the sole purpose of accessing Norvell Rewards and the services provided therein for personal use. Any other use of Norvell Rewards materials - including reproduction, modification, distribution, republishing, transmission, displayer performance - without the prior written permission of Norvell Tanning is strictly prohibited.

K. Resolving Disputes

If a dispute should arise between you and Norvell Tanning, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by calling 1-888-974-9977.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND NORVELL TANNING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO NORVELL REWARDS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

1. Informal Dispute Resolution

You and Norvell Tanning agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Norvell Tanning therefore agree that, before either you or Norvell Tanning demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. For sake of clarification only, the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within sixty (60) days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Norvell Tanning that you intend to initiate an informal dispute resolution conference, email info@norvelltanning.com, providing your name, telephone number associated with your Account, the email address associated with your Account, and a description of your claim. Norvell Tanning may then send you an Informal Dispute Resolution Conference Request form, which you must fill out completely to initiate the informal dispute resolution conference. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

2. Agreement to Arbitrate Disputes; Class Action Waiver; Jury Trial Waiver

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:

WE BOTH AGREE TO ARBITRATE: In the event You and Norvell Tanning are unable to informally resolve a dispute, You and Norvell Tanning agree to resolve any claims relating to this Agreement, these Norvell Rewards, any communications from Norvell Tanning, and any products purchased from or through Norvell Tanning (each, a “Claim”), through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Norvell Tanning's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Norvell Tanning may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Norvell Rewards shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Norvell Tanning must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Norvell Tanning will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Norvell Tanning will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work or any other location we mutually agree to, subject to Ohio law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Norvell Tanning, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Norvell Tanning.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL: EXCEPT AS OTHERWISE STATED HEREIN, AND TO THE EXTENT PERMISSIBLE BY LAW, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Norvell Tanning at 8909 S. Freeway Drive, Macedonia, OH 44056 and providing the requested information as follows: (1) Your Name; (2) the URL of these Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for Norvell Rewards.

3. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of law rules. If you are a U.S. resident you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Cuyahoga County, Ohio. This provision does not apply to residents of New Jersey.

L. Severability

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Norvell Tanning, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

M. Additional Information on Norvell Rewards

If you have any questions regarding Norvell Rewards, Membership, Points, or your Account you may contact Norvell Tanning by phone at 1-888-974-9977 or by email at info@norvelltanning.com.