Terms and Conditions




Fruit Street Health, Inc. Website/Application Terms of Use


By using the website and/or application (collectively, the “Platform”) maintained by Fruit Street Health, Inc. (“Fruit Street” or “us”, “we”, “our”), you accept and agree to be bound by and comply with these terms of use, as updated from time to time in accordance with section 3 below titled “changes to these Terms of Use and Platform”. The term “you” refers to the person or entity visiting the Platform, or installing, downloading, accessing or otherwise using the Platform (“use” or “using” in these terms of use will mean any of the foregoing). If you do not accept and agree to be bound by these terms of use, you must not use the Platform.


1.   Acceptance of Terms of Use

a.     The following terms of use, including as applicable (the “Terms of Use“) govern your use of: (1) our website located at www.fruitstreet.com (the “Website”); (2) our mobile application the “Fruit Street Mobile Application”); and (3) all other products or services provided by us on the Platform.

b.     These Terms of Use form an agreement between Fruit Street and you.

2.    Changes to these Terms of Use and Platform

a.   Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly for any changes.

b.   We reserve the right to change any information, material or content contained on, or provided through the Platform at any time, and from time to time, without notice.

3.   Usage of the Platform and Service Eligibility

a.   As a condition of being granted a right to use of the Platform, you represent, covenant and warrant that: (1) you possess the legal authority to create a binding legal obligation and in doing so you will not violate any other agreement to which you are a party; (2) in the case where you are a natural person, you have reached the age of majority in your jurisdiction; (3) you are not currently restricted from the Platform, or not otherwise prohibited from having a Fruit Street Mobile Application account; (4) you are not a competitor of Fruit Street or are not using the Platform for reasons that are in competition with Fruit Street; (5) you will only maintain one Fruit Street Mobile Application account at any given time; (6) will not violate any rights of Fruit Street, including intellectual property rights such as copyright or trademark rights; (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Platform; and (8) you will use the Platform in accordance with these Terms of Use.1

b.  We retain the right, at our sole discretion, to temporarily or permanently deny you access to the Platform (or any part thereof) for violation of these Terms of Use.

4.   Notifications and Service Messages

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use or to our Privacy Policy, will be in a written form and given: (1) by Fruit Street via email (in each case to the address that you provide); or (2) by posting to the Website; or (3) via the Fruit Street Mobile Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Platform.

5.   License Grants

a.   We grant you a personal, revocable, non-exclusive, non-sub-licensable and non-transferable license during the term (“Term”) to use the Platform in accordance with these Terms of Use for the Permitted Use only.

b.  You grant to us an irrevocable, royalty-free, fully paid-up and worldwide license to access, collect, store, disclose and use any data, information, records and files that you load, transmit to or enter into the Platform for the purposes of: (1) making available the Platform; (2) developing and improving the Platform; (3) complying with applicable law; and (4) complying with our reasonable audit and data retention policies.

6.   Ownership

a.   All copyright and / or associated rights and / or rights regarding computer programs / software and / or industrial property rights, as well as any others of similar nature, commonly jointly referred to as (“Intellectual Property”), among others, related to all and any product or service, project, technological solution or technical documentation, design work, manuals, databases, simple ideas or know-how, trade secrets, commercial information sales/marketing techniques, regarding the Platform are the exclusive property of Fruit Street.

b.  Use in any form, fully or in part, by any person, of anything related to the abovementioned type of intellectual property rights that are the exclusive property of Fruit Street require prior written authorization by Fruit Street.

c.   The Platform and all materials provided by us hereunder are licensed and not “sold” to the users. We expressly reserve all rights in and to the Platform (and any part thereof) that are not specifically granted to you under these Terms of Use. You acknowledge and agree that all right, title and interest in the Platform (and any part thereof), all information, material or content provided by us to you in connection with these Terms of Use, and any update, adaptation, translation, customization or derivative work to any of the foregoing, will remain with us (or our third party suppliers, if applicable). The Platform and all materials provided by us hereunder are licensed and not “sold” to the users.

7.    Security

You will be required to sign up for a user account (the “User Account”) using the available interfaces on the Platform and to provide a valid, working email address and password to access and use the Platform and communicate with others through the Platform. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information”.

You are responsible for keeping your User Information secure and will not share your User Information with anyone else. You are responsible for all acts or omissions carried out under your User Information. You agree to immediately notify Fruit Street in writing by email to support@fruitsteet.com of any unauthorized use of your User Information or any other breach of security. Fruit Street is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. We reserve the right to disable any User Account issued to you at any time in the event that we believe or reasonably suspect that User Information has been used contrary to these Terms of Use or otherwise misused.

8.   Registration

To register, you must provide your name, email address, and other information specified in the registration form (“Registration Data”). You represent and warrant: (1) the Registration Data that you provide about yourself is true, accurate, current, and complete; and (2) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorize Fruit Street, in its sole discretion, to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Fruit Street has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fruit Street has the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform. You also authorize Fruit Street to access your contact list and/or address book on your device at your direction in order to allow you to share information, images and videos with specific contacts you choose, connect with other users, or to allow you to invite specific contacts you choose to use the Platform. As part of the services we provide, you will receive from us email and other communications (e.g., SMS messages, phone calls and push notifications) relating to your use of the Platform or our services. By disclosing this contact information or otherwise participating in use of the Platform or our services or sending electronic communications through the Platform, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to your use of or participation in the Platform or our services. As part of using the Platform you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to you in connection with your application, registration or enrollment in the Platform, (ii) all communications and disclosures relating to your access to, use of or participation in the Platform and the services we provide, and (iii) all communications and disclosures relating to the Platform that we are required by law or these Terms of Use to provide to you. Any electronic communications that we send you will be deemed to have been provided on the date that we deliver the electronic communication to you.

9.      Privacy Policy and Privacy Warranty

Please click the following link to review our current Privacy Policy which contains important information about our practices in collecting, storing, using and disclosing personal data, and which is hereby incorporated into and forms a part of these Terms of Use.

Please note that certain information, statements, data, and content (such as photographs) which you may submit to the Platform, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

10.    User Content Terms

The Platform provides you with the ability to create, upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, personally identifiable information, personal health information, activity tracking, food tracking and sleep tracking), materials, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the services we provide, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that (i) you own all rights, title and interest in and to your User Submissions or are otherwise authorized to grant the rights provided to Fruit Street herein, (ii) you will comply with all applicable laws in using the services we provide, and (iii) doing so will not violate any law or infringe upon or violate the rights of any person or entity.

You consent and grant to Fruit Street, its directors, officers, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors and assigns (the “Fruit Street Parties”) a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, license, modify, reproduce, adapt, publish, translate, transmit, edit, distribute, perform, display, communicate publicly, create derivative works of and otherwise use any User Submissions and incorporate the User Submissions in other works in any form, media or technology. You further acknowledge that the Fruit Street Parties shall be entitled to use of the User Submissions in accordance with these Terms without any compensation to you for any exercise of the license granted under this section. You also consent to and permit any user of the services we offer to access, display, view, store and reproduce any User Submissions that you have made available in any public or group forum within the Services for his or her personal use. Subject to the foregoing, you remain the owner of the User Submissions that you provide to us and retain all rights that may exist in such User Submissions; provided, however, the license you grant herein gives Fruit Street the right to use the User Submissions as described in these Terms, our Privacy Policy and our HIPAA Notice, and your ownership rights in such User Submissions cannot interfere with the license you grant to the Fruit Street Parties.

If all or a portion of a User Submission constitutes protected health information or personally identifiable information as described in our Privacy Policy and our HIPAA Notice, we will treat it as such. However, we reserve the right under the license you grant us to remove personal identifiers from any and all User Submissions and, once reasonably de-identified, the remaining information shall not be subject to any obligation of confidentiality on our part. You understand and agree that Fruit Street owns all right, title and interest in and to all such de-Identified data and may be used for any lawful business purpose without any duty of accounting to you. For example, once deidentified, we may use information from User Submissions in our publications and sales and marketing materials and for product research and development. By providing you with the ability to post and use User Submissions in delivering services, Fruit Street is not undertaking any obligation or liability relating to any User Submissions or activity related thereto, nor does Fruit Street endorse any such User Submissions or activities. Fruit Street cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all User Submissions submitted, uploaded, posted, transmitted or displayed are the sole responsibility of the person who made such User Submissions. This means that you are entirely responsible for all User Submissions that you submit, upload, post, transmit or otherwise display to the Services. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights, or rights of publicity or privacy, or in violation of any applicable law, rule or regulation. You shall be solely responsible for any violations of laws and for any infringements of third party rights caused by your user submissions and use of the services.

We do not control the User Submissions uploaded, posted, transmitted or otherwise displayed on our Platform by others; therefore, we do not guarantee the accuracy, integrity or quality of any such User Submissions. You understand and agree that you may be exposed to User Submissions that are offensive or objectionable by using the Platform. Although we reserve the right, Fruit Street has no obligation to monitor the Platform or User Submissions. Fruit Street may edit, modify, suspend or remove any User Submission at any time for any reason in Fruit Street’s sole discretion without notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in these Terms or otherwise established by Fruit Street), or for no reason at all.

Fruit Street disclaims any actual or implied duty to monitor user submissions and specifically disclaims any responsibility or liability for any user submissions or for the quality or accuracy of other information you provide through using the Platform.

In order to use the Platform, you are required to create a public profile, which may contain certain identifying information (such as age, profile photos, location, etc.). It is the responsibility of each user to provide current and accurate information, and Fruit Street does not, and cannot, investigate information contained in member public profiles or guarantee its accuracy. As a result, Fruit Street must assume that information contained in each user public profile is current and accurate. Fruit Street does not represent, warrant or guarantee the currency or accuracy of any information provided by any user and hereby disclaims all responsibility and liability for any information provided by users in connection with their use of the platform. Under no circumstances will fruit street be liable for any user submissions, including but not limited to any errors or omissions in any user submissions or any loss or damages incurred as a result of the use of any user submissions.

Fruit Street does not claim ownership of any content that you post on or through the Platform. Any information that you provide will be secured with industry standard protocols and technology.

11.     Subscription / Usage Fees

You acknowledge and agree that Fruit Street reserves the right, in its sole discretion, to charge you for and collect fees from you for certain features of the Platform. Fruit Street will provide notice of any fee collection via the Platform prior to implementing such a fee, and you will have a choice at that time to continue to use the Platform or not. If you choose not to pay, Fruit Street reserves the right to immediately terminate your access to the Platform.

12.       Unlawful or Prohibited Use

Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, without our prior written permission: (a) use, display, mirror or frame the Platform, or any individual element within the Platform, Fruit Street or Fruit Street’s names, any Fruit Street trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Fruit Street’s express written consent; (b) access, monitor or copy any part of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose; (c) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Platform; (e) deep-link to any portion of the Platform for any purpose; (f) remove any watermarks, labels or other legal or proprietary notices included in the Platform; (g) modify or attempt to modify the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (h) use the Platform as part of any service for sharing, lending or multi-person use; (i) attempt to assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform; (k) create adaptations, translations or derivative works based on the Platform, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform; (l) use the Platform in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party.

Specifically regarding content, you agree not to do any of the following: (a) post, upload, publish, submit, or transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (b) take, post, upload, publish, transmit, or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads, or data of any of the images, comments, or contributions to the Platform; (c) post, upload, publish, submit or transmit any content that: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability, (3) is fraudulent, false, misleading, or deceptive, (4) is defamatory, obscene, pornographic, vulgar, or offensive, (5) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (6) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (7) promotes illegal or harmful activities or substances, in each case as determined by our sole discretion; (d) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation, from the Platform; (e) use the Platform or any of its content for any commercial purpose or the benefit of any third party or in any manner not permitted by these

Terms of Use; (f) collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission; (h) impersonate or misrepresent your affiliation with any person or entity; (i) violate any applicable law or regulation.

Fruit Street will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Fruit Street may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Fruit Street has no obligation to monitor your access to or use of the Platform or to review or edit any content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms of Use and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. Fruit Street reserves the right, at any time and without prior notice, to remove or disable access to any content that Fruit Street, at its sole discretion, considers to be in violation of these Terms of Use, the Privacy Policy, or otherwise harmful to the Platform.

13.       Third Party Websites

The Platform may provide links to third party websites. We do not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at your own risk. When you authorize it, we collect information from certain other tools, including but not limited to activity trackers (e.g., a Fitbit device or Apple Watch), digital pedometers, and, if applicable, equipment that are considered by the FDA to be medical devices (“Tools”). The original collection points for these data, as well as any intermediary websites that allow you to authorize us to access such data constitute Third Party Materials and/or Third Party Websites. When you authorize us to receive this data, we will use it to help deliver services and as otherwise described in our Privacy Policy and HIPAA Notice.

14.       Confidentiality of Communications

We do not guarantee the confidentiality of any communications made by you through the Platform. Although we generally adhere to the accepted industry practices in securing the transmission of data to, from and through the Platform, acknowledge and agree that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with user’s use of the Platform.

15.       General Disclaimer

Use of the Platform is at your own risk. The Platform is provided “as is” and “as available”. To the extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the platform whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement, quality, accuracy, reliability, completeness, currency or timeliness of the platform, or that the Platform is or will be error-free or will operate without interruption.

16.        Limitation of Liability

a.       Fruit Street shall not be held liable under any circumstances, except solely for the liability that results from legal stipulation that cannot be excluded.

b.       You agree that the products provided by Fruit Street are made available “in their current status” and “according to availability”, and also accept that not all of the information is provided exhaustively.

c.        In the widest sense possible according to the applicable law, Fruit Street denies all guarantees, express or implicit, included, but not limited to, implicit guarantees of marketability and convenience for a specific purpose and does not guarantee that the functions contained are uninterruptedly available or are free of errors, that such defects shall be corrected, or that the webpages or the server that provides these are free of virus or other malicious elements; furthermore, in the widest sense possible according to the applicable law, Fruit Street does not guarantee or make representations regarding the use, or results of the use, or the materials on this webpage, or the products in terms of quality, suitability, precision, reliability, safety, or any other aspects.

d.       Fruit Street does not guarantee, in any way, operation and suitability for any use, security, efficacy or approval by domestic or foreign regulatory agencies, and refuses liability for any consequences that may arise from future changes to the law, such as use of the products being forbidden or restrictions on the use of the products.

e.       You expressly recognize and accept that the products are used in association with other services which, if these work badly or do not work, may provide wrong data and / or prevent the products from operating correctly and / or for their intended purpose, for which reason they shall expressly waive Fruit Street liability regarding any failures and / or other circumstances that result from the operation of that type of services.

f.         Fruit Street shall not be liable for:

i.       Losses regarding which you are at fault;

ii.      Losses regarding which third parties are at fault; iii) Losses arising from force majeure or act of God;

iii.     Any circumstances under which any provision of the Terms of Use has been infringed; v) Losses arising from interferences, interruptions, computer viruses, breakdowns or disconnection of the operating system that may prevent users from access and navigation and / or access and the correct use of the products;

iv.     Any other circumstances under which it is not liable according to the law.

17.       Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, affiliates, partners, employees, agents, successors and assigns (collectively, the “Fruit Street Indemnitees”) from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including, but not limited to, reasonable legal and accounting fees), claimed against the Fruit Street Indemnitees by third parties relating to:

a.       Your breach of any warranties, conditions, representations or obligations under these Terms of Use or any documents referenced herein.

b.       Your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights).

c.        Any misrepresentations made to us.

20.        Proprietary Rights’ Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Fruit Street used herein are trademarks or registered trademarks of Fruit Street. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

19.       Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue in force until terminated by either party (Term). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect and without prior notice to you; and (b) you may terminate these Terms of Use at any time by requesting by email (support@fruitsteet.com) or through any then-available interfaces on the Platform) that these Terms of Use be terminated between the parties and all your User Accounts be deleted and by ceasing use of the Platform. The change will be processed within thirty (30) days.

20.       Geographic Application of the Platform

Not all of the services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law. Fruit Street makes no representation that the Platform is appropriate or available for use in locations outside of the United States, and accessing the Platform is prohibited from territories where such Platform is illegal. If you access the Platform from other locations, you do so at your own initiative and risk and are responsible for compliance with local laws.

21.       Governing Law and Jurisdiction

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Terms of Use shall be finally settled by binding arbitration in New York County, New York using the English language in accordance with the American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Commercial Arbitration Rules and Procedures of AAA. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of New York or in a state court in the County of New York, New York. Use of the Platform is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of use, including without limitation, this Section.

22.        General Provisions

a.       These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

b.       Either party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

c.        If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

d.       Any provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survi expiration or termination of these Terms of Use for any reason.

23.       Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Fruit Street’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Fruit Street may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

24.       General

The failure of Fruit Street to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fruit Street. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

25.        Contacting Fruit Street

Fruit Street can be contacted at

New York Office:

85 Broad Street, 18th Floor

New York, NY 10004