TERMS & CONDITIONS
Welcome to the Habitas (Habitas) website located at www.ourhabitas.com (including all its contents, the Site). These Terms and Conditions of use (Terms) govern your use of this Site. By using this Site, you are indicating that you’ve read and understand these Terms, that you agree to them, and intend to be legally bound by them. If you don’t agree to these Terms, you are not granted permission to use this Site and must stop using the Site.
- For Your Information. The information on this Site is for informational purposes only. Habitas is not responsible for any errors or omissions on the Site, including any materials found on the Site.
- As between you and Habitas, Habitas owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts, documentation, and other material on, or made available through, the Site, as well as the selection, coordination, arrangement, and organization and enhancement of the materials found here. Under no circumstances will you have any rights of any kind to the Site, other than the right to use the Site in accordance with these Terms.
- You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Habitas; (c) transmitting unsolicited messages or code of a destructive nature; or (d) engaging in any activity that interferes with the performance of, or impairs the functionality of, the Site or any services provided through the Site.
- Third Party Sites and Content.The Site contains links to other websites, to information, products, or services that may be of interest. Habitas expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by, or displayed on, third party sites, or the transactions you may conduct or enter into with third parties. Your use of third party websites is at your own risk, and subject to the Terms and conditions of such other websites. Habitas does not endorse any product or service provided on a third party website.
- Habitas, its subsidiaries, and affiliates are not responsible for, and do not guarantee, the accuracy or completeness of the Site or links or other items contained within the Site. Habitas reserves the right to immediately remove any material for any reason or for no reason. Habitas cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any, material, the Site or the products or services made available in connection with the Site, with or without notice in its sole discretion.
- The Site and materials on, in, and made available through the site, and the services, products, information and other materials on and in and made available through the Site are made available “as is.” Use of the site is entirely at your own risk. Habitas and its licensors and affiliates make no representations or warranties, and disclaim all representations and warranties, with respect to the site, the services, products, information and other materials on, in, and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
Liability. Habitas and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site materials, user materials, the services, products, information and other materials on, in, and made available through the Site, regardless of legal theory, whether or not you or Habitas had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail in their essential purpose. Under no circumstances will the total liability of Habitas and its affiliates, subsidiaries, or its licensors to you or any other person or entity in connection with the Site, or materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of Habitas and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel Habitas has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
- Reporting Violations. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send Legal@Habitas.coma comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Changes to these Terms. Habitas reserves the right at any time to modify, alter or update these Terms without notice. Your use of the Site following any changes means that you agree to follow and be bound by the Terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Habitas reserves the right to suspend or terminate your access to this Site and/or ability to use the services, with or without notice, for failure to comply with these Terms, for providing Habitas with untrue or inaccurate information about yourself, for infringement on the proprietary rights of Habitas, or for any other reason whatsoever, or for no reason.
- Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Habitas, with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, Habitas makes no representation that the Site, services, products, information or other materials available on, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Habitas to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.