THE FIT IN

This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA" or “Agreement”) governs your use and access of We Fit In, LLC’s (“The Fit In”) online properties including thefitinwellness.com (the "The Fit In Site" or "Site"), and The Fit In’s mobile and platform applications (collectively “Applications”). The Site and Applications are made available by and you are entering into this EULA with The Fit In based at 423 Marcus Garvey BLVD, Brooklyn, NY 11233. The terms "The Fit In", "we", "us" or "our" used in this EULA refer to We Fit In, LLC. The Fit In provides physically & digitally accessible fitness services and content. The Site and Applications, along with the fitness service and content made available therein are referred to herein as the "The Fit In Service" or "Service". Any Service purchased hereunder is purchased from We Fit In, LLC. By registering as a member or by accessing or using The Fit In Service in any way, you accept this Agreement.

You should also read and understand The Fit In Privacy Policy, which is incorporated by reference into and made a part of this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of marketplaces through which you may purchase or download Applications or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the Applications and/or The Fit In Service.

Prior to using The Fit In Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of The Fit In Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at info@thefitinbedstuy.com.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE FIT IN SERVICE.

We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.

By using the Service, you consent to receiving this Agreement in electronic form.

Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.

HEALTH WARNING AND LIABILITY DISCLAIMER:

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE FIT IN SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE FIT IN SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. THE FIT IN SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE FIT IN SERVICE.

1. Who May Use The Fit In Service

AGE REQUIREMENT: You must be at least 18 years old to use The Fit In Service.

NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of The Fit In Service. If your child is using The Fit In Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about The Fit In Service, please contact us at info@thefitinbedstuy.com,.

2. The Service

A. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, The Fit In grants you a limited, non-exclusive, revocable, non-sublicensable, nontransferable license, to access and use the most current available versions of the Site, Applications and Service for your lawful, personal and non-commercial use.

B. Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Content is intended for informational purposes only and should not be considered medical or healthcare advice.

C. Membership. While you may enjoy certain content and features without registering with The Fit In, to receive the full benefits some of our Services, you may be required to register as a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to The Fit In and notify us if your information changes. In creating a username, you may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

D. Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. You may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by The Fit In. If you wish to inquire about possible commercial use, please contact us at info@thefitinbedstuy.com. The Fit In may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

E. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using The Fit In Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at info@thefitinbedstuy.com.

F. The Fit In may change, modify, add, remove, suspend, cancel or discontinue any aspect of its subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in The Fit In's sole discretion.

3. Medical Disclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE FIT IN SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE FIT IN SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE FIT IN SITE OR AVAILABLE THROUGH ANY THE FIT IN SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE FIT IN SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY. THE FIT IN SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND THE FIT IN MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE FIT IN SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

4. Your Representations and Warranties as a Member

In using The Fit In Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of The Fit In Service. You further affirm that you will not access the Service from within the European Economic Area.

5. General Disclaimers

The Fit In provides The Fit In Service on an "as is" and "as available" basis. You therefore use The Fit In Service at your own risk. The Fit In expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, The Fit In makes no representations or warranties:

· That The Fit In Service, or any particular fitness or weight-loss program is suitable for you;

· Regarding the adequacy or safety of The Fit In Service for any particular user;

· That The Fit In Service will meet your personal needs;

· That The Fit In Service will be permitted in your jurisdiction;

· That The Fit In Service will be uninterrupted or error-free;

· Concerning any content submitted by any member;

· Concerning any third party's use of content that you submit;

· That The Fit In will continue to support any particular feature of The Fit In Service; or

· Concerning sites and resources outside of The Fit In Service, even if linked to/from The Fit In Service.

The Fit In reserves the right to modify The Fit In Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to The Fit In Service. The Fit In has no obligation to screen or monitor any content and does not guarantee that any content made available on The Fit In Service complies with this Agreement or is suitable for all users. The Fit In shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view The Fit In content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used The Fit In Service, and no warranties shall apply after such period.

6. Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall The Fit In, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) The Fit In's, and its affiliates' total liability to you shall not exceed the amounts paid by you to The Fit In over the twelve (12) months preceding your claim(s). IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.

The Fit In Training Service

The Fit In coaching service is intended solely as a general fitness informational means by which Members can communicate with The Fit In trainer coaches. THE FIT IN DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE. If you encounter a The Fit In coach who is providing expert advice in violation of these principles, please contact us immediately at info@thefitinbedstuy.com. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through The Fit In Service as expert opinions or advice.

7. Privacy

Your privacy rights are set forth in the Privacy Policy of our OnDemand provider & appointment booking service provider, which forms a part of this Agreement. Please review their Privacy Policy to learn about:

· What information we may collect about you;

· What we use that information for; and

· When and with whom we share that information.

You agree that we may use your information for marketing purposes unless opted-out through our OnDemand provider & appointment booking service provider.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, which may be gathered periodically to facilitate the provision of software updates, product support and other services related to The Fit In Service.

CONSENT TO EMAIL: When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.

8. Pricing, Refunds, & Cancellations

The pricing of our Services may vary periodically. We cannot guarantee that the price of your service is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. All purchases are non-refundable or exchangeable. We have a strict 12-hour cancellation policy. Any late cancellation will incur an $8 late cancel fee and any no-shows will incur a $10 no-show fee. This is in addition to the loss of the class pass. If you do not have a valid card on file, your account will receive a negative balance. Those with with a negative balance of $25 or more will have their account paused until the balance is cleared in full.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Fit In and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on The Fit In Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to The Fit In violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. The Fit In reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Fit In in connection therewith.

10. License to Use The Fit In Service

LICENSE: The Fit In grants you a limited, non-exclusive license to access and use The Fit In Service for your own personal, non-commercial purposes. This includes the right to view content available on The Fit In Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

RESTRICTIONS: Except as expressly permitted by The Fit In in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble The Fit In Service. Nor will you take any measures to interfere with or damage The Fit In Service. All rights not expressly granted by The Fit In are reserved.

MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps). Your use of The Fit In Service through any applications or device constitutes your agreement to be bound by these Terms.

Any The Fit In application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console's app store, etc.) is licensed, not sold, to you for use only under these Terms. We, the licensor, The Fit In, Inc. (Application Provider) reserve all rights not expressly granted to you.

Accordingly, if you download The Fit In Application, you will be: * installing a software program on your product in the form of an application; * entering into this contract with The Fit In, Inc. governing your use of the application.

11. Third Party Links and Content

Certain links on The Fit In Sites and/or The Fit In Service may let you leave the particular The Fit In Site or The Fit In Service you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third-party site, it is important to know that The Fit In does not control these sites, nor has The Fit In reviewed or approved the content which appears on the linked sites. The Fit In is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that The Fit In shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

Dealings with Third Parties.

More specifically, your participation, correspondence or business dealings with any third party found on or through The Fit In Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Fit In shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

12. Intellectual Property

You acknowledge that The Fit In Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All The Fit In-generated content and content developed for The Fit In by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, The Fit In owns a copyright in the selection, coordination, arrangement and enhancement of all Content in The Fit In Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

The Fit In name, logos and affiliated applications and technologies are the exclusive property of We Fit In, llc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

The Fit In owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

13. Copyright / DMCA Policy

The Fit In respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to The Fit In Site do not infringe any third-party copyright. The Fit In will promptly remove materials from The Fit In Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright.

Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

1. Your name, address, telephone number, and email address (if any).

2. A description of the copyrighted work that you claim has been infringed.

3. A description of where on The Fit In Site the material that you claim is infringing may be found, sufficient for The Fit In to locate the material (e.g., the URL).

4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

6. Your electronic or physical signature.

You may submit this information via: 1. Email: info@thefitinbedstuy.com. 2. Offline: The Fit In's Copyright Agent (see contact information below)

14. EEA Resident Online Dispute Resolution

If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: info@thefitinbedstuy.com,

15. Security

The Fit In Site and Applications, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that The Fit In Service and any information you download or offer to share by means of The Fit In Service, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that The Fit In shall not be liable for any unauthorized access to your mobile device or the app data thereon.

16. General Provisions

ARBITRATION AND GOVERNING LAW: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against The Fit In in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against The Fit In or its affiliates any class action, class arbitration, or other representative action or proceeding.

By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and The Fit In or its affiliates (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Fit In (except for small-claims court actions) may be commenced only in the federal or state courts located in Kings County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

This Agreement, and any dispute between you and The Fit In, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by The Fit In in exercising any right hereunder will waive any further exercise of that right. The Fit In's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without The Fit In's prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from The Fit In electronically. The Fit In may provide all such communications by email or by posting them on The Fit In Service. For support related inquiries, you may send an email to info@thefitinbedstuy.com or the following address: The Fit In. 304 Malcolm X BLVD, Brooklyn,New York 11233 Attention: Legal

Nothing herein shall limit The Fit In's right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised EULA posted by The Fit In on The Fit In Site or a written amendment signed by an authorized representative of The Fit In. A revised EULA will be effective as of the date it is posted through The Fit In Service.

ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between The Fit In and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.