Terms & Conditions

Effective: December 1, 2018

IMPORTANT — THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND A & R GOUP, LLC. D/B/A/ FITLINKER (HEREINAFTER “FITLINKER,”). THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF WWW.FITLINKERAPP.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY FITLINKER (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY FITLINKER SOFTWARE, INCLUDING ANY FITLINKER MOBILE APPLICATIONS (THE “APP(S)”) OR OTHER SERVICES OFFERED BY FITLINKER, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME A (COLLECTIVELY, THE WEBSITE(S), APP(S) AND SERVICES ARE REFERRED TO AS “SERVICE(S)”).

A. Whereas, FITLINKER provides an online platform that allows the connection between personal trainers, nutritionists and group classes instructors (“Instructors”) with individuals (“Individual Customers”) or businesses (“Corporate Customers”) that want to purchase and/or receive training sessions, together herein referred to as (“Customers”).

B. Whereas, as a user of the Services (including an Instructor and/or a Customer), you agree to provide us with complete and accurate information and to update such information to keep it accurate, current and complete, including information regarding payment.

C. Whereas, by accessing or using the Site, you are accepting this Agreement and agreeing to use the Services in accordance with the terms and conditions in this Agreement. Some of our Services may have additional rules, policies, and procedures. Where such additional terms apply, we will make them available for you. A copy of these Terms and Conditions may be downloaded, saved and printed for your reference.

1. INSTRUCTORS’ APPOINTMENT.

Each Instructor hereby appoints FITLINKER as the Instructor’s limited payment collection agent solely for the purpose of accepting applicable payment from Customers. Each Instructor agrees that payment made by a Customer through FITLINKER shall be considered the same as a payment made directly to the Instructor, and the Instructor will provide its services to the Customer in the agreed-upon manner as if the Instructor has received the payment. FITLINKER reserves the right to charge the Instructor commission on the fees paid by a Customer to the Instructor for the provision of Instructor’s services (“FITLINKER Commission”). Each Instructor understands that FITLINKER accepts payments from Customers as the Instructor’s limited payment collection agent and that FITLINKER’s obligation to pay the Instructor is subject to and conditional upon successful receipt of the associated payments from Customers. FITLINKER does not guarantee payments to Instructors for amounts that have not been successfully received by FITLINKER from Customers. In accepting appointment as the limited payment collection agent of the Instructor, FITLINKER assumes no liability for any acts or omissions of the Customers. Each Customer acknowledges and agrees that FITLINKER reserves the right, in its sole discretion, to charge Customer for and collect fees from the Customer. In the event a Customer elects to tip the Instructor for the provision of services, the Customer will be charged for such tip amount designated by Customer. Tips will not be subject to any FITLINKER Commission. FITLINKER reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by FITLINKER, as a result of any mistake or error, including any mistaken pricing or service description or other error.

2. ACCOUNT CREATION.

You must register to create an account (“Account”) to utilize some features of the Website and Apps. In connection with setting up your Account with FITLINKER, we may supply you with a user identification and/or password. You may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and user identification. You agree to immediately notify FITLINKER of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason, by emailing us at support@fitlinkerapp.com.

3. PROHIBITED CONDUCT.

As an Instructor, you agree not to attempt to contact customer directly about the Services outside of the Services for a period of 6 months after the date of your last purchased the Services from FITLINKER, except as may be permitted by these Terms or with the express authority of FITLINKER.

IN ADDITION, WHEN YOU USE THE SERVICES, YOU AGREE THAT YOU WILL NOT:

a. violate this Agreement or any FITLINKER’s rules regarding use of the Services;

b. violate any law or regulation;

c. breach any agreements you enter into with any third parties;

d. violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

e. engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;

g. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or in connection with FITLINKER;

h. impersonate any person or entity or perform any other similar fraudulent activity;

i. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;

j. collect, distribute or gather personal or aggregate information, including Internet, e-mail or other electronic addresses, about FITLINKER’s customers or other users;

k. upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial electronic message;

l. use any means to scrape or crawl any Web pages or Content contained in the Websites or Apps (although FITLINKER may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and FITLINKER reserves the right to revoke these exceptions either generally or in specific cases);

m. attempt to circumvent any technological measure implemented by FITLINKER or any of FITLINKER’s providers or any other third party (including another user) to protect the Websites or Apps; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or

n. advocate, encourage, or assist any third party in doing any of the foregoing.

4. INSURANCE.

The Instructor must have the following insurance policies:

a. LIABILITY INSURANCE. The Instructor must effect on or prior to the Effective Date and continuously maintain for the Term of this Agreement public liability insurance accordingly to the FITLINKER’s policies and procedures, and any additional requirements required by FITLINKER, which covers liability to the public in respect of any loss or damage to real or personal property (including property belonging to FITLINKER) and any person who is injured or killed during the performance of the Services;

b. EVIDENCE OF INSURANCE. On request by FITLINKER, the Instructor must produce to FITLINKER satisfactory evidence that the Instructor has complied with and continues to comply with its obligations under this clause and will give FITLINKER copies of all insurance policies and of all receipts for the premiums paid.

c. NOTIFICATION FOR CHANGES. The Instructor MUST notify the FITLINKER in writing two weeks in advance in the event any change occurs with respect to the insurance policy(ies).

5. CHANGES TO THE SITE AND THESE TERMS.

We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by FITLINKER at any time. Those changes will go into effect on the effective date shown in the revised agreement. If we change this Agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s) and sending an email notice to you using the contact information provided by you. Therefore, you agree to keep your contact information up-to-date and that notice sent to the last email address you provided shall be considered effective. We also encourage you to check this Agreement from time to time to see if it has been updated.

6. ACCOUNT SUSPENSION OR TERMINATION

a. When we might suspend or terminate your Account or Site access. We may, subject to applicable law, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement and/or your access to the Services, and (b) deactivate or cancel your Account.

b. Upon termination we will promptly pay you any amounts that we reasonably determine we owe you (if any) in our discretion. In the event FITLINKER terminates this Agreement or your access to the Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder.

c. You may cancel your Account at any time by contacting us at the contact information set out in Section 2. Please note that if your Account is cancelled, we do not have any obligation to delete or return to you any of Your Materials that you have posted to the Services, including, but not limited to, any reviews or Feedback, nor, to the maximum extent permitted by applicable law, are we obligated to refund you any prepaid payments for the Services you have made on your Account.

d. If we terminate this Agreement and/or your access to the Services as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.

DISCLAIMER. FITLINKER DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE SERVICES. YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY INSTRUCTORS OR CUSTOMERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE INSTRUCTOR OR CUSTOMER (AS APPLICABLE) AND NOT FITLINKER. THE SERVICES ARE PROVIDED “AS IS.” YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT ANY DAMAGES TO YOU, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. YOU UNDERSTAND AND ACKNOWLEDGE THAT FITLINKER ONLY PROVIDES A PLATFORM FOR COMMUNICATION BETWEEN INSTRUCTORS AND CUSTOMERS, AND AS SUCH FITLINKER DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY INSTRUCTOR(S) OR OTHER CUSTOMER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY INSTRUCTOR(S) ARE MADE SOLELY AT THE DISCRETION OF THE INSTRUCTOR AND FITLINKER HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE INSTRUCTOR(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT FITLINKER SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE INSTRUCTOR TO YOU AS A RESULT OF YOUR USE OF THE SERVICE(S). LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT FITLINKER, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR: (A) ANY LOSS OF PROFITS; (B) ANY INDIRECT OR CONSEQUENTIAL LOSS; OR (C) TO THE EXTENT THAT YOU EXPERIENCE ANY LOSS OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, INTERACTIONS WITH INSTRUCTOR(S) OR OTHER CUSTOMERS. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FITLINKER, ITS AFFILIATES, AGENTS, CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS, FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT. LIABILITY CAP. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FITLINKER, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTION WITH ANY INSTRUCTOR(S) OR OTHER CUSTOMER(S), ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT RECEIVED BY FITLINKER FROM YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. WHAT WE DO NOT EXCLUDE. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

(a) DEATH OR PERSONAL INJURY RESULTING SOLELY FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS;

(b) FRAUD OR FRAUDULENT MISREPRESENTATION; OR SUBCONTRACTORS;

(c) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

7. MISCELLANEOUS TERMS

a. PRIVACY POLICY. Please refer to our Privacy Policy https://www.FITLINKER.com/legal/privacy For more information on the manner in which FITLINKER collects, uses, discloses and otherwise treats your personal information. The Privacy Policy is fully incorporated herein by reference.

b. ANTI-SPAM. FITLINKER prohibits the sending of unsolicited email or text messages (spam) or other communications that violate applicable privacy and anti-spam legislation. Spam is defined for this purpose as sending any message that encourages participation in a commercial activity or multiple messages similar in content to any person(s), entity(ies), newsgroup(s), forum(s), email list(s), or other group(s), individual(s) or list(s) unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient in accordance with the requirements under applicable law. FITLINKER also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with FITLINKER, and/or any products and Services. FITLINKER prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO FITLINKER’S SERVICES, PLEASE CONTACT US PROMPTLY VIA THE CONTACT MECHANISM MADE AVAILABLE VIA THE WEBSITE SO THAT WE MAY TAKE APPROPRIATE ACTION.

c. GOVERNING LAW AND JURISDICTION. To the extent permitted by applicable by law, this Agreement will be governed by and interpreted in accordance with the laws of the State of California and we both agree to submit to the non-exclusive jurisdiction of the District Courts of California. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in California or in the EU country in which you live.

d. ARBITRATION. THE MANDATORY ARBITRATION LANGUAGE INCLUDED IN THIS SECTION WILL APPLY. ADDITIONALLY, YOU SHOULD LOG INTO YOUR ACCOUNT AND REVIEW THE TERMS OF USE MADE AVAILABLE WITHIN YOUR ACCOUNT FOR ANY SPECIFIC CANCELLATION TERMS.

i. Mandatory Arbitration and Dispute Resolution for United States Users. Please read this Arbitration Agreement carefully. It is part of your contract with FITLINKER and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

ii. Applicability of Arbitration Agreement. To the extent permitted by applicable law, all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services provided by FITLINKER that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and FITLINKER, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

iii. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to FITLINKER should be sent via email at info@FITLINKERAPP.com After the Notice is received, you and FITLINKER may attempt to resolve the claim or dispute informally. If you and FITLINKER do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

iv. Arbitration Rules. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that FITLINKER made to you prior to the initiation of arbitration, FITLINKER will pay you the greater of the award or fifty dollars ($50). Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider to the maximum extent permitted by law.

v. Additional Rules for Non-Appearance Based Arbitration. If non- appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

vi. Time Limits. If you or FITLINKER pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

vii. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and FITLINKER, 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 JAMS Rules, and the 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 FITLINKER. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.

viii. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and FITLINKER in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ix. Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

x. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

xi. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

xii. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

xiii. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with FITLINKER.

xiv. Small Claims Court. Notwithstanding the foregoing, either you or FITLINKER may bring an individual action in small claims court.

xv. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

xvi. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

xvii. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.

1. If a court finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.

xviii. We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organization – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

xix. Nobody else has any rights under these Terms. These Terms are between Customer and FITLINKER. No other person shall have any rights to enforce any of its terms.

ABOUT FITLINKER

- FITLINKER Inc. is a D/B/A company registered in Florida, USA.

- TO CONTACT US. WRITE (EMAIL) TO: info@fitlinkerapp.com

- FOR ASSISTANCE / SUPPORT. WRITE (EMAIL) TO: support@fitlinkerapp.com

- REPORTING COMPLAINTS OR CONCERNS. WRITE (EMAIL) TO: support@fitlinkerapp.com

- FOR EMERGENCIES. PLEASE DIAL 911 AND/OR CONTACT YOUR LOCAL LAW ENFORCEMENT.