Identify the unfair aspect with respect to the sentence extracted from an online Terms of Service:
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the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between fitbit and you . 

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. OPTIONS: ["Choice of law", "Unilateral termination", "Jurisdiction", "Content removal", "None", "Arbitration", "Unilateral change", "Limitation of liability", "Contract by using"].