Effective Date: December 7, 2021
Effective Date: December 7, 2021
BEFORE USING THE “SERVICES” OR PURCHASING “PRODUCTS” (as such terms are defined below), PLEASE READ THESE TERMS AND CONDITIONS (this “Agreement” or these “Terms”). THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU (“Customer”, “you”, “your”) AND FIT OVEN, LLC., (“Fit Oven”), PURSUANT TO WHICH THE CUSTOMER RECEIVES THE RIGHT TO ACCESS AND USE THE SERVICES AND PURCHASE THE PRODUCTS.
FIT OVEN RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE OR MODIFY PORTIONS OF THIS AGREEMENT AT ANY TIME. IF FIT OVEN DOES MODIFY THIS AGREEMENT, IT WILL POST THE CHANGES ON THIS PAGE AND WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THIS AGREEMENT WAS LAST REVISED. ANY SUCH CHANGES WILL BECOME EFFECTIVE UPON POSTING AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS. AS SUCH, YOU ARE ADVISED TO REVIEW THIS AGREEMENT EACH TIME YOU USE THE SERVICES OR BUY PRODUCTS.
1. Services and Products. Subject to this Agreement, Fit Oven provides Customer with access to and use of its websites and mobile applications on which a link to this Agreement appears, our Machine software through the use of touch screens available on all of our Machines and all content (excluding Customer Content, as defined below), features, and services available through such websites and mobile applications (the “Services”). All Fit Oven products (collectively “Products”) made available to you through the use of the Services are also subject to this Agreement.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE SERVICES. Some Services may require that you must be 18 or older to use the Service. The Services are not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
2. Intellectual Property Rights.
2.1 Services. Fit Oven owns and will retain all rights, titles, and interests in and to the Services, Products, and any related hardware, software, and marketing materials.
2.2 Trademarks. “Fit Oven”, “Hot. Healthy. Fast.”, “Fridge Greens”, and the Fit Oven logos are trademarks of Fit Oven. All other Fit Oven trademarks, service marks, domain names, logos, company names, and indicia of origin referred to or used in connection with the Services and/or Products are either trademarks, service marks, domain names, logos, company names, or indicia of origin or are otherwise the property of Fit Oven or its affiliates or licensors. In countries where any of the Fit Oven trademarks, service marks, domain names, logos, company names, or indicia of origin are not registered, Fit Oven claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names, and indicia of origin. Other product or company names referred to on the Services may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name, or indicia of origin of Fit Oven or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name, or indicia of origin.
2.4 Copyright Complaints. Fit Oven respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Fit Oven of your infringement claim in accordance with the procedure set forth below.
Fit Oven will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Fit Oven’s Copyright Agent at [email protected] (Subject line: “DMCA” Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Fit Oven will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Fit Oven’s sole discretion.
In accordance with the DMCA and other applicable laws, Fit Oven has adopted a policy of terminating, in appropriate circumstances and at Fit Oven’s sole discretion, members who are deemed to be repeat infringers. Fit Oven may also at its sole discretion limit access to the Fit Oven platforms.
3. Restrictions. Customer will not, and will not permit any third party to (a) reverse engineer or otherwise attempt to discover the source code or underlying structure or algorithms of the Services or any related software (except to the extent such restrictions are contrary to applicable law), (b) modify or create derivative works based on the Services or such software, (c) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, (d) harass any other users of the Services, (e) impose a disproportionate load on the Services, or (f) otherwise use the Services or such software outside of the scope permitted under this Agreement.
4. Third-Party Websites. The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Fit Oven has no control over such sites and resources and Fit Oven is not responsible for and does not endorse such sites and resources. Customer further acknowledges and agrees that Fit Oven will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings Customer has with third parties found while using the Services are between Customer and the third party, and Customer agrees that Fit Oven is not liable for any loss or claim that Customer may have against any such third party.
Any applicable fees, taxes, and other amounts due in connection with your order will be identified when you place your order; however, for future orders, we reserve the right to adjust such amounts. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of the payment option made available through the Services at the time of ordering, which for certain locations and/or order types may exclusively include the ability to pay via credit card, Apple Pay, and/or Google Pay. Fit Oven reserves the right to change the available payment methods at any time. We use third-party providers and may accept various third-party services to process payments.
Prices for Products and delivery are subject to change without notice. Although Fit Oven makes reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors, or mistakes regarding Product availability may occur. Fit Oven reserves the right to correct such mistakes and errors. If a Product is listed at an incorrect price or a Product description is inaccurate, Fit Oven has the right, in its sole discretion, to reject any order or to cancel any orders placed for that Product. In those circumstances, if your payment method has already been charged, you will be issued a credit within a commercially reasonable amount of time.
Fit Oven reserves the right to deny any order for any reason, including if Fit Oven: (i) receives insufficient or erroneous billing, payment, and/or delivery information, (ii) suspects an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. If any Product is discontinued or otherwise becomes unavailable, Fit Oven reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
5. Products Information.
5.1 Allergen and Nutritional Information. All Fit Oven and our partner Steele Meals’ production facilities may store, portion, and distribute ingredients that contain the eight (8) major food allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts). While Fit Oven and Steele Meals take precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may still occur during production and transit which may cause Products offered in connection with the Services to contain some or all of those allergens. Before consuming any Product, you should determine if, given the nature of your allergies, you wish to undertake such risk. Fit Oven makes no warranty to you in this regard, and you agree that Fit Oven shall have no liability to you if you chose to consume foods that may contain an allergen you are allergic to. In addition, due to the variable nature of ingredient availability, nutritional information provided by Fit Oven may differ from the nutritional information published.
5.2 Ingredient and Product Substitutions. Due to market conditions and product supply beyond its control, Fit Oven reserves the right to adjust the quantity of any ingredients in a Product, to discontinue the use of any ingredient or Product, or to substitute any ingredients in a Product or an item, without notice to Customer. Prior to consumption, please be sure to carefully check all individual Product packages for the most updated information regarding ingredients and nutritional content for all Fit Oven Products, including new and improved items. Availability of Products may change without notice. Fit Oven is not responsible for the unavailability of products due to discontinuation or popular demand. Any future release, update, or other addition to the Products shall be subject to this Agreement.
6. Refund Policy. In the event that you are unhappy with any part of your Fit Oven order, you can reach out to us within seven (7) days of the date you received the unsatisfactory item by emailing [email protected] If related to the condition of an item, Fit Oven, at its reasonable discretion, may give you a credit for the individual item or delivery, and in some situations, issue a partial or full refund. We reserve the right to require either a photograph or return of the unsatisfactory item before any refund or credit will be issued.
7. Warranties; Indemnity; Disclaimer.
7.1 Customer represents and warrants to Fit Oven that it has all rights in the Customer Content necessary to grant Fit Oven the rights granted herein.
7.2 Customer agrees to inspect all Products at the time of purchase to ensure the Products are not adulterated, spoiled, or otherwise harmful. Customer shall properly handle, refrigerate (where applicable), and store all Products. Title to and risk of loss of each Product will pass to Customer upon the delivery of such Product to Customer.
7.3 Customer agrees that it will not use the Services to:
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any person or entity; (ii) Customer does not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Fit Oven, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Fit Oven or its users to any harm or liability of any type;
b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
c) violate any applicable local, state, national, foreign, or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent Customer’s affiliation with any person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
7.4 Indemnification. Customer agrees to indemnify and hold Fit Oven and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to Customer’s use of the Products and/or Services, any Customer Content, Customer’s connection to the Services, Customer’s violation of this Agreement, or Customer’s violation of any rights of another.
7.5 Disclaimers. YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIT OVEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FIT OVEN MAKES NO WARRANTY THAT (I) THE PRODUCT OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIT OVEN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIT OVEN AND THE FIT OVEN INDEMNITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FIT OVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND/OR RECEIVE PRODUCTS AND/OR ANY OTHER MATTER RELATING TO THE SERVICES OR PRODUCTS. IN NO EVENT SHALL FIT OVEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS AND/OR SERVICES OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE PRODUCTS AND SERVICES.
9. Force Majeure. Fit Oven will not be liable for or be considered to be in breach of or default under this Agreement on account of any delay or failure to perform due to any condition beyond Fit Oven’s reasonable control, including, but not limited to, acts of God, epidemics, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications or internet service failures or delays or failures involving hardware, software or power systems, denial of service or inability to obtain energy (each a “Force Majeure Event”).
10. Dispute Resolution by Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
10.1 Agreement to Arbitrate. This section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Fit Oven, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Products, the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Fit Oven are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
10.2 Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND FIT OVEN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FIT OVEN AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
10.3 Pre-Arbitration Dispute Resolution. Fit Oven is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fit Oven should be sent to Fit Oven at 9778 Savona Winds Drive, Delray Beach, Florida 33446. (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fit Oven and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fit Oven may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by FIt Oven or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fit Oven is entitled.
10.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Fit Oven and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Fit Oven agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
10.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Fit Oven will pay all Arbitration Fees. If the value of the relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Fit Oven will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fit Oven will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
10.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
10.7 Severability. Without limiting the severability provision in this section of this Agreement, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Agreement will continue to apply.
10.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Fit Oven agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Fit Oven written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
11. General. This Agreement constitutes the entire agreement between you and Fit Oven with respect to the subject matter hereof and governs your use of the Services and Products, superseding any prior agreements between you and Fit Oven with respect to the Services and/or Products. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Except as provided for in the Dispute Resolution by Binding Arbitration section above, you and Fit Oven agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Palm Beach, Florida. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SECTION 9, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS. The failure of Fit Oven to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that such arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Products, the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Services.