Terms of Use

Shishakti Yoga LLC, DOB BeU, a yoga, spa, and beauty Center (“Center“); with some Services accessible also online via website at www.beunewyork.com (together with any successor website(s), platform(s), tool(s), and all Services; collectively the “Platform“); Center and the Platform collectively referred to hereafter as “BeU;” is operated by Shishakti Yoga LLC, DOB BeU (“we,” “us,” or “our“). Your use of our services is governed by these Terms of Use (“Agreement“) and a separate Privacy Policy.

PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND TO ANY ADDITIONAL RULES AND GUIDELINES THAT WE POST ON THE PLATFORM AND ON SITE OF OUR CENTER. IF YOU DO NOT AGREE TO ANY PROVISION OF THIS AGREEMENT, YOU SHOULD NOT USE OUR SERVICES.

We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Platform. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. You can determine when we last changed this Agreement by referring to the “Last updated” legend above. Your use of our Services following changes to this Agreement will constitute your acceptance of those changes.

ABOUT US

BeU was founded on the understanding that a quality family balance is both a human need and a tool for empowerment. BeU is a 4000 sq ft center where you can find the rest and relaxation you need to cultivate holistic wellness. We focus on providing yoga, spa, and beauty services to adults, children, and families, as well as retail sales of products related to our services.

SERVICES

Our Services consist of yoga classes for adults and children; self- care treatments including but not limited to massage, nail care and hair care; workshops and events; and sales of self-care products.

To use our Services online via our website you must be a user to access the Platform. You may only create one account for your use. Individuals can register an account with the Platform by providing their full name, picture, e-mail address, and phone number, as well as creating their display name and password.

Services provided in our Center are available to individuals who are at least 16 years old, except for courses and events organized specifically for children. Any participants under the age of 18 are required to have their parent or legal guardian sign all applicable contracts and consent to have their children use BeU Services pursuant to these Terms of Use and other applicable documents.

Our Platform is available to individuals who are at least 16 years of age. By registering to use the Platform, you represent and warrant that you are at least 16 years of age and that you have the right, authority, and capacity to enter into this Agreement and abide

occur under your account or password. You may not authorize third parties to use your BeU account. You may not assign or otherwise transfer your BeU account to any other person or entity. You agree that you will provide us with your valid, current e-mail address and phone number, both at the time of your registration with us and from time to time as your e-mail address or phone number changes.

BeU provides on-site nanny supervision services to children of its patrons. Parent of the child has to remain on premises of the Center at all times while the child is under nanny’s supervision. BeU does not provide regular childcare services otherwise than the nanny supervision services described herein. Access to nanny services is subject to availability. BeU may refuse to accept a child if at the time it cannot provide sufficient and competent supervision of the child. Unavailability of nanny services shall not constitute sufficient basis to cancel customer’s contract with BeU and shall not give customer any rights or claims to a refund.

You are required to disclose to our staff any and all medical issues and conditions concerning your health before participating in any physical activities providing at our Center, including but not limited to yoga classes and massage.

In the course of providing some of the Services at our Center, including but not limited to yoga and massage, you may be touched by our staff. By participating in any of our Services you acknowledge that fact and you consent to being touched and instructed by our staff. While participating in such Services, you may be required and instructed to wear certain outfit or to uncover certain areas of your body to facilitate provision of Services; you acknowledge that and consent to that. If you consider any of the physical contact or instructions received from our staff inappropriate, contact our staff immediately.

IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS

New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. This club has posted the financial security required by law.

YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB’S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFOR- MATION FROM THE NEW YORK STATE DEPART- MENT OF STATE, DIVISION OF LICENSING SER- VICES, A.E. SMITH STATE OFFICE BUILDING, 80 SOUTH SWAN STREET, P.O. BOX 22001, ALBANY, NY 12231.

PAYMENTS

BeU may offer its customers one-time payment options or installment payment options for its services, as may be specified in specific written offer on-site or offers published online on the website. All one-time payments and already paid installment plan payments shall not be refundable. Any unpaid installment plan payments shall be waived only within BeU’s discretion.

A self-care product purchased at BeU, if not used, returned in unopened original packaging, and returned not later than 25 days from the date of purchase, might be, within BeU’s discretion, exchanged for a full refund of the original price of such returned product.

THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS

You may make payments on an installment basis or in a single payment. Paying the full amount may be less expensive but may involve financial risks to you. Read this notice carefully before making a decision. New York State law requires certain health clubs to post a bond or other financial security to protect members in the event the club closes.

This club is exempt from this requirement since it gives members the option of paying on an installment basis, therefore it need not post a bond or other form of financial security. In deciding whether to make your payments on an installment basis, you should be aware that if the club closes, although the club will remain legally liable for a refund, you may risk losing your money if the club is unable to meet its financial obligations to members.

CONSUMERS RIGHT TO CANCELLATION.

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE

DAYS FROM THE DATE ON WHICH YOU SIGN A CONTRACT WITH

ADDITIONAL RIGHTS TO CANCELLATION:

You may also cancel this contract for any of the following reasons:

If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six
If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and
If you move your residence more than 25 miles from our
If the services cease to be offered as stated in the contract.
All money paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.

YOUR INFORMATION, CONTENT and DATA COLLECTED

BeU may collect, process, and store your personal information defined as any information you submit or make available (directly or indirectly), including through the registration process at Center and through your use of the Platform. We collect, use, and share Aggregated Data such as statistical or demographic information.

Aggregated Data may be derived from your personal information. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with our Privacy Policy.

Except as otherwise provided in our Privacy Policy, we will not sell, rent, or otherwise disclose any of your personal information (including your e-mail address) to any third party. You acknowledge and agree that we may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us, (b) enforce this Agreement, (c) respond to claims that your information violates the rights of third parties; (d) protect the rights, property or personal safety of our company, its members, agents, employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all assets in the line of business to which this Agreement relates, or upon any other company reorganization, subject to the promises made in this Agreement.

We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

You authorize BeU to use your likeliness in form of photos and/or videos for BeU’s internal records and security-related purposes, as well as for commercial use, including but not limited to use on our website, social media, commercial materials, publications, brochures, etc. This authorization extends to all languages, media, formats and markets not known or later discovered. This authorization shall continue indefinitely, unless you otherwise revoke this authorization in writing. You expressly waive any right or claim to compensation for use of your likeliness by BeU.

PRIVACY POLICY

Our collection, use, and disclosure of your information is governed by the Platform’s Privacy Policy which you can access at www.beunewyork.com/privacy-policy.

YOUR CONDUCT

BeU grants you a limited, non-exclusive, non-transferable, non- sublicensable, and revocable license to access and use Center and the Platform, solely as expressly permitted by these Terms of Use and other applicable agreements. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services.

Our Center’s customers and users of the Platform shall respect the rights and dignity of others. Your failure to comply with any of the rules included herein may result in termination of your access to Center and the Platform. You agree that you will not:

Use the Platform for any fraudulent or unlawful purpose;
Access Center or use the Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Platform;
Access Center or use our Platform with the intent of modifying, verifying, or compiling records of any kind, or the assessment of taxes by any taxation authority, its employees, or agent;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make;
Interfere with or disrupt the operation of Center or the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies or regulations of such networks;
Harm or intimidate another person in any way, including restricting or inhibiting any other user from using Center or the Platform;
Encourage others to violate this Agreement;
Refuse to follow our instruction or

We may choose to waive the restrictions listed above on a one-time or repeated basis, without limiting our ability to enforce these provisions in the future. We may enforce provisions against users to whom we have previously waived some or all of these restrictions, without any prior notice to the user.

OUR MATERIALS AND PROPRIETARY RIGHTS

BeU’s trademarks, service marks, and other BeU’s logos are trademarks of us, our company, affiliated companies, or similar (“Proprietary Rights”). Except as otherwise permitted by law, you agree not to display or use in any manner the Proprietary Rights without our prior written consent.

All trademarks and service marks in the Center and the Platform not owned by us are the property of their respective owners. You may not use BeU’s Proprietary Rights in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Platform or any information or materials made available through the Platform.

ELECTRONIC COMMUNICATIONS

When you use our Services, you may be communicating with us electronically. You voluntarily provide us with your phone number and e-mail address, and you consent to receive communications from us electronically, such as e-mails, SMS and MMS messages, phone calls, mobile push notices, or notices and messages on the Platform.

You may unsubscribe from receiving communications from us at any time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive

such messages. Please contact your mobile phone carrier for details.

DISCLAIMERS OF WARRANTIES and LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICES VOLUNTARILY, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR BODY AND HELATH, OR TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.

ALL OUR SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE BY US ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ALL SERVICES, INFORMATION, AND MATERIALS PROVIDED BY US, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PLATFORM (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE PLATFORM, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE PLATFORM AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE PLATFORM.

YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE PLATFORM, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE PLATFORM. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PLATFORM.

WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PLATFORM. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN THE PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED THROUGH THE PLATFORM OR FROM OTHER USERS OF THE PLATFORM.

IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”).

I UNDERSTAND THAT YOGA AND MASSAGE INCLUDE PHYSICAL MOVEMENTS AS WELL AS AN OPPORTUNITY FOR RELAXATION, STRESS RE-EDUCATION AND RELIEF

OF MUSCULAR TENSION. I UNDERSTAND THAT AS IS THE CASE WITH ANY PHYSICAL ACTIVITY, THE RISK OF INJURY, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. IF I EXPERIENCE ANY PAIN OR DISCOMFORT, I WILL LISTEN TO MY BODY, DISCONTINUE THE ACTIVITY, AND ASK FOR SUPPORT FROM THE INSTRUCTOR OR THE MASSEUSE.

I UNDERSTAND THAT IT IS COMMON FOR A YOGA INSTRUCTOR TO TOUCH PARTICIPANTS TO ASSIST IN PROPER ALIGNMENT. IT IS NECESSARY FOR A MASSEUSE TO TOUCH CLIENTS, INCLUDING IN A FORCEFUL AND SOMETIMES PAINFUL MANNER. I CONSENT TO BEING TOUCHED BY YOGA INSTRUCTORS AND MASSEUSES.

I ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES AND DAMAGES WHICH I MAY SUFFER OR INCUR THROUGH PARTICIPATION IN SERVICES PROVIDED BY BEU; AND I RELEASE BEU AND ITS INSTRUCTORS, MASSEUSES, AND AGENTS FROM ANY LIABILITY RELATED TO THE INJURIES AND DAMAGES WHICH I MAY SUFFER OR INCUR THROUGH PARTICIPATION IN SERVICES PROVIDED BY BEU. I TAKE FULL RESPONSIBILITY FOR MY PHYSICAL, EMOTIONAL AND MENTAL WELLBEING AT ALL TIMES.

LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH OUR SERVICES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OUR SERVICES OR FROM ANY INFORMATION OR MATERIALS IN THE PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICES IS TO STOP USING OUR SERVICES. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE OUR SERVICES.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL OUR COMPANY, ITS MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, ADVISERS, AFFILIATES, OR SUBSIDIARIES BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN YOUR INFORMATION OR THE INFORMATION POSTED BY OTHER USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF YOUR INFORMATION OR INFORMATION OF OR POSTED BY OTHER USERS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE PLATFORM, OR FOR ANY FAILURE TO CORRECT OR REMOVE INFORMATION.

WE RESERVE THE RIGHT AT ANY TIME OR TIMES TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ALL OR ANY PORTION OF OUR SERVICES WITH OR WITHOUT NOTICE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR TERMINATION OF OUR SERVICES. WE DO NOT GUARANTEE CONTINUOUS, AND UNINTERRUPTED ACCESS TO OUR SERVICES, AND OPERATION OF OUR SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL, MAINTENANCE,

OR OTHER REASONS. ADDITIONALLY, THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE PLATFORM.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

INDEMNITY

Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold us, our agents, employees, consultants, affiliates, and subsidiaries harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, our Services; (b) any breach of your representations and warranties or this Agreement or the documents it incorporates; or (c) any dispute with one or more users or any other third party resulting from or arising out of or in connection with your use of our Services.

THIRD-PARTY LINKS

We may provide links to other apps, websites, and online resources (collectively, “Links”). Links may or may not have our authorization, and we may block any Links to or from the Platform. Your use of third-party links is at your own risk. Because we have no control over such Links, you acknowledge and agree that we are not responsible for such Links, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Links. You also acknowledge and agree that we 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 or reliance on any such content, goods or services available on or through any such Links.

FEEDBACK

You acknowledge that any and all (i) suggestions for correction, change and modification to our Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “Feedback”), and (ii) improvements, updates, modifications, or enhancements, whether made, created or developed by BeU or otherwise relating to BeU based on Feedback or otherwise (collectively, “Update”), are and will remain the property of us.

You authorize us to treat Feedback and Update as non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Platform or in any such Feedback or Update. You hereby assign to us any and all right, title

and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Update. At our request, you agree to execute any document, registration or filing required to give effect to the foregoing assignment.

TERMINATION and VIOLATIONS OF THE AGREEMENT

This Agreement is effective until terminated. You acknowledge and agree that we may, at any time and for any reason, with or without notice, temporarily or permanently suspend or terminate your access to Center and the Platform. If we terminate your access to Center or the Platform, you will not have the right to bring claims against us, our employees, agents, or affiliates with respect to such termination.

We shall not be liable for any termination of your access to Center or the Platform or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. Provisions regarding indemnity, warranties, limitation of liability, and use of your information shall survive any expiration or termination of this Agreement.

GOVERNING LAW

You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of BeU) is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections thereto.

DISPUTE RESOLUTION

You agree in good will that, except as otherwise specified in this Agreement, all disputes, claims, or controversies arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Services, your information and content, or your violation of any law or the rights of a third party, will be decided by negotiation, neutral mediation, and/or neutral arbitration.

Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.

In the event that the dispute, claim, or controversy is not resolved by negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”), or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Nonetheless, legal action taken by us to collect any fees and/or recover damages for, or obtain an injunction relating to, the Platform operations or intellectual property shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by us.

Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with

a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.

Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings.

The parties agree that they will participate in the mediation in good faith. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.

Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9

U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.

Enforcement. The terms and results of mediation and arbitration may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.

Class Action. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This will preclude you from bringing any class, collective, or representative action against us and also preclude you from participating in, or recovering relief under, any current or future class, collective, consolidated, or representative action brought against us by someone else.

COPYRIGHT POLICY

To comply with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement. Please send all claims of copyright infringement to: info@beunewyork.com. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright is being infringed, you should submit a written notification to us at the address and email stated above and include:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a bona fide infringement notification, it is our policy to remove or disable access to the infringing material. Please note that Section 512(f) of the DMCA allows imposing liability for damages on any person who knowingly sends meritless notices of infringement. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.

WAIVER AND SEVERABILITY

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and us nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

ENTIRE AGREEMENT

This Agreement hereby incorporates by this reference any additional terms that we post in the Platform (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and BeU is intended or created by this Agreement.

Except as otherwise stated in this Agreement or as expressly required by federal, state, or local law, any notice to us shall be given by e-mail to info@beunewyork.com, and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notices to you may be made via posting to the Platform, by e-mail, or by regular mail, in our discretion.

ADA COMPLIANCE, DISABILITIES, ACCESSIBILITY

BeU attempts to make its information accessible to all individuals. If you use special adaptive equipment and encounter problems when using our Platform, please report them using the following contact information: info@beunewyork.com. We will let you know if the information is available in an alternate format.

We strive to meet World Wide Web Consortium (W3C) Recommendations and other web industry standards, specifically conforming to HTML 5, CSS Level 3, WAI-ARIA, and the U.S. Access Board’s Section 508 guidelines. BeU is committed to making its Platform available to as many people as possible and makes every effort to ensure its communications are accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments. If you come across a page you find difficult to use, please contact us at info@beunewyork.com.

ASSIGNMENT

You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by us, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of BeU’s assets, or similar transaction. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.

CONTACT

If you have a question or a complaint regarding our Services, please feel free to contact us via e-mail at info@beunewyork.com. E-mail communications are not necessarily secure, so please do not include sensitive information in any e-mails sent to us.

I have had sufficient opportunity to read this entire document. I have read and understood it and I agree to be bound by its terms. I am signing this agreement voluntarily and agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

Signature: Date:

If a parent or guardian of a minor using BeU’s Services:

NOTICES

As parent/guardian of I additionally consent to his/her use of BeU’s Services pursuant to these Terms of Use and any other applicable rules and contracts.