TERMS & CONDITIONS

1. Introduction

These Terms and Conditions (โ€˜these Termsโ€) govern your use of our Services and Products available through the website www.habitof.com including all pages and features within the website (โ€œthe Websiteโ€) or mobile software application (the โ€œAppโ€), as well as blog and those certain products and services provided on, through or in relation to the Website and/or the App.

These Terms are a legal agreement between you (referred to herein as "you" or "your"), on the one side, and Better Life Initiatives LLC with its registered address at 15442 Ventura Blvd, Ste #101, Sherman Oaks, CA 91403 (โ€œweโ€, โ€œusโ€, โ€œCompanyโ€), on the other side.

You and we are sometimes referred to herein each as a "Party" and together as the "Parties".

Please read these Terms carefully before accessing or using the Website or the App. Remember that when you create, register or log into an account through the Website or the App you are automatically accepting and agreeing to the most-recent version of these Terms and additional terms, conditions and policies referenced herein on the Website.

If you do not accept and agree to these Terms in their entirety, then we ask you to stop visiting, accessing, registering with and/or using the Website or the App.

Company may supplement, amend or otherwise modify these Terms at any time. Such modifications will be posted on this or a similar page of the Website or the App, as applicable and your continuing visit, access, registration with or use of the Website or the App reaffirms your acceptance and agreement in each instance.

It is your responsibility to carefully review these Terms each time you visit, access, register with or use the Website or the App.

2. For majors only

We have designed our Products and Services for majors only. If you are the person under 18 or another age, defined in your state or country as the age of maturity, please, do not use, visit, access, register on our Website or App. We do not bear any liability concerning the consequences of the usage of our platforms by minors.

You agree to comply with all applicable laws for visiting, accessing, registering with and using the Website and the App and for purchasing any Products or Services through the Website or the App, and you may only use them for lawful purposes.

3. ย Services and Products

We offer and sell various vitamins, supplements, minerals and other health products through our Website and App. However, we also may offer, sell, market or provide some other products and services through our platform, as we deem necessary.

Our third-party payment processing vendor may facilitate the transaction as an intermediary(ies) through the provision or operation of the online technological platform or online payment processing application.

Also, Company and/or Company`s third-party shipping vendor provide you with delivery services.

4. Subscriptions and Account

4.1. Account

To make your usage of the Website and App more convenient, the Company provides you with the opportunity to create an Account. Registering an Account on the Website and/or through the App is necessary, if you want to make an order and purchase our Products and Services. By creating your Account, you give us some of your privacy data, such as: your email, payment information, shipping address and other information, needed for us to supply you with our Products and Services. You may read how we process, secure and use your privacy data in our Privacy Policy www.habitof.com and Cookie Policy www.habitof.com. You may also contact us through your Account by writing an email to our support team. You may also delete your Account at any time by contacting our support team at claim@habitof.com.

YOU ACKNOWLEDGE THAT ANY PERSON WITH ACCESS TO YOUR USERNAME AND PASSWORD MAY BE ABLE TO ACCESS YOUR USER ACCOUNT. YOU ACCEPT ALL RISKS OF UNAUTHORIZED USE OF YOUR USER ACCOUNT AND HEREBY RELEASE COMPANY FROM ANY LIABILITY IN CONNECTION WITH ANY SUCH UNAUTHORIZED ACCESS. You will promptly notify us if you discover or otherwise suspect any security breaches related to the Service, including any unauthorized use or disclosure of a username or password.

4.2. Subscription

We provide a periodic subscription to some of our Products and Services. Accordingly, you understand and acknowledge that, Company will charge you a recurring subscription fee in exchange for your right to have access and use our products on the periodic basis in accordance with these Terms (โ€œthe Subscription Fee(s)โ€). At the start of each subscription period, we will charge the Subscription Fee to your credit card or debit card on file with Company, as identified in your Account; the payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Website and/or the App; and you will receive a receipt through your email. You may cancel your subscription at any time by contacting our support team claim@habitof.com.

5. Subscription Fees

The amount of each Subscription Fee will be set by us according to the subscription plan you choose. Information about Company`s current Subscription Fee rate amounts is available at our Website landing page and landing page of our App. By accepting the terms and conditions of these Terms, you understand and acknowledge that we reserve the right, to increase Subscription Fee rate amounts at any time upon prior notice to you.

6. Payments

6.1. Third-Party Payment Processing Vendor

All credit card, debit card and other monetary transactions on or through the Website and/or the App occur through an online payment processing application that is provided by a third-party vendor(s) and accessible through the Website and/or the App. Companies relationship with its third-party payment processing vendor(s), if any, is merely contractual in nature, and is in no way subject Company`s direction or control.

6.2. Payment Authorization

Having your payment information, the Company, if it deems necessary, is authorized by you to:

  • share your payment information with partners and counterparties, if you purchase any their products or services from them on or through the Website or the App;
  • share your payment information with the third-party payment processing vendor(s);
  • obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s) and/or applicable third-party providers.

7. Payment Obligations

7.1.

You agree that you are responsible for all amounts that accrue under your account(s) with us, our partners and counterparties, the third-party payment processing vendor(s) and/or other third parties on or through the Website and/or the App. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Website and/or the App, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

You shall be responsible for payment of all taxes, duties and other charges resulting from any payments made hereunder. Remember, that in case of unsuccessful transaction, we will try to charge you again, when the third-party payment processing vendor will inform us of the appearance of such possibility.

7.2. Refusal of Products and Services

Company is may refuse to provide its products and services (including, without limitation, the Website, the Apps, and any products and services offered by Company) for any reason. In case of suspicion of any illegal act, Company may contact your payment method issuer, law enforcement, or others and share information relating to your payments if Company believes doing so will prevent a violation of the law or financial loss.

7.3. Refunds and Unauthorized Payments

You may submit a claim of the unauthorized payment to Company`s and we will undertake a reasonable investigation as it sees fit under the circumstances of and, if Company deems appropriate, assist in correcting the alleged unauthorized payment, provided that such claim ("Unauthorized Payment Claim") is received by Company within fifteen 15 days of the subject charge or payment.

Also you may request a refund and return a Product. Company may approve your refund request at its sole discretion. In case of approval refund will be made within ninety (90) days from the date of your request.

Each Unauthorized Payment Claim or refund request shall be submitted to ย the following e-mail: claim@habitof.com

Company will not accept an Unauthorized Payment Claim via telephone or facsimile. Company is not responsible for any Unauthorized Payment Claim that is incomplete, incorrectly labeled, incorrectly sent or untimely.

7.4. Accurate Payment Information

You represent and warrant to Company that any payment information you provide on or through the Website and/or the App is current, complete and accurate; and that you will promptly notify Company if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

8. ย Free Trials and Discounts

From time to time we may offer you a promotional free trial period(s), discounted Subscription Fees or any other discounts for accessing and using the subscription-product pages and discounted products of the Website or the App. We will not charge you a Subscription Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Subscription Fee amount, you further agree to the terms and conditions of ย the applicable Subscription plan and agrees to pay Subscription Fees in order to receive the continued right to access and use the subscription-only Services or Products, as applicable.

9. ย Shipping

9.1. Terms of Shipping

Company offers free shipping for the majority of products, displayed on the Website or through App. To take advantage of our free shipping service you will need to meet the following terms:

  • Total order amount must be at least 20 USD;
  • Products must be eligible for free shipping. That is noted on the product page;
  • Must be in the CONUS, excludes Hawaii and Alaska.

Most of our orders will ship out within 48 hours if received during normal business hours Monday - Friday 8 am to 5 pm. Due to shipping carrier policies, we cannot guarantee or fulfill requests for weekend deliveries. Shipping carriers do occasionally deliver orders sent with standard shipping on Saturdays, but this cannot be guaranteed. Shipping and processing times are business days only (meaning, from Monday to Friday and excludes all holidays).

9.2. Return Policy

You may return most new, unopened items within 30 days of delivery for a full refund of the product. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.). Any product that is returned must be in the same condition as it was received and in the original packaging. Upon receipt of the item and a complete inspection, a refund will be processed.

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly.

  1. Suspension or Termination of Service

Company may suspend or terminate the function or existence of all or any part of the Website, the App and/or your Account at any time, and without notice or recourse, as Company deems advisable in its sole discretion. We shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).

11. Ownership

The Website, the App, and all elements and derivatives thereof (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by us. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under these Terms. No rights or permissions granted to you under these Terms are coupled with an interest. Nothing contained in these Terms shall be construed as a waiver or limitation of Company`s or its licensors respective rights and remedies under applicable law.

12. App License

Subject to the terms and conditions of these Terms, and any associated payment and registration obligations as imposed by or with the prior consent of the Company if you download a genuine copy of the App to your Device, and if you further acknowledge your acceptance of and agreement to these Terms, as well as those additional terms, conditions and policies referenced herein, as we may require from time-to-time, then we grant you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the App on said Device for the purpose of using the App as Company intends for end users of the App. The term โ€œDevicesโ€ shall have the meaning, given in the paragraph 13 of these Terms.

You may not rent, lease, lend, sell, transfer, redistribute or sublicense the App; and if you sell or otherwise transfer to a third party a Device on which the App is installed, then you must remove the App from such Device before doing so. Your unauthorized use of the Website or the App, or any breach by you of these Terms, automatically terminates this license.

13. Devices you use to access our products and services

Our Company may offer the Website, App, blog and other products through computers, tablets, smart phones and other electronic devices (altogether named as โ€œDevicesโ€), and these Terms shall apply with equal force and measure to your visit, access, registration with and use of the Website and the App through such Devices.

14. Third-Party Materials

To promote the products and services of our partners and counterparties we may place third-party links, advertisements and products on our Website and App platforms. The Company makes no representation that such services and Third-Party Materials are appropriate or available for use on any particular location. To the extent you choose to access such services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable law, including but not limited to applicable local laws.

The Company doesn`t warrant or endorse such Third-Party Materials and the Company doesn`t assume, and will not have, any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to You and do not in any way constitute or imply the Company`s endorsement, sponsorship or recommendation of the third party, information, product or service.

By accessing or using the Website, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites.

15. Electronic Communications

15.1. ย Express Consent

You hereby expressly consent to sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Company deems appropriate in its sole discretion, whether through the Website, through the App, through other platforms provided by us, by personal communication, by e-mail, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service aka SMS, and multimedia messaging service aka MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Company products or services.

15.2. E-mail Opt-Out

You may opt-out of receiving any e-mails as described in section 16.1. above any time by following the opt-out instructions in any such e-mails you have received and would like to opt-out of. You may also opt-out of receiving certain e-mails by managing your electronic communication preferences through your personal mail account. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Website, the App, Company`s products or services, and/or your ability to receive certain messages and/or notifications from Company.

15.3. Text Message Opt-Out

You may opt-out of receiving any text messages (e.g., short message service aka SMS, and multimedia messaging service aka MMS) at any time by following the opt-out instructions in any such text messages you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Website, the App, Company`s products or services, and/or your ability to receive certain messages and/or notifications from Company.

15.4. Other Opt-Outs

You may opt-out of receiving any communications above at any time by providing Company with an e-mail to hey@habitof.com, with a subject line of "Opt-Out of Communications," a list in the body of the e-mail that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the e-mail that identifies the telephone number(s) or e-mail address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request. You acknowledge that opting out of receiving any of those communications may impact your receipt, the success, and/or the performance of all or any part of the Website, the App, Company products or services, and/or your ability to receive certain messages and/or notifications from Company.

16. User Representations, Warranties, and Covenants

You represent, warrant and covenant to Company that:

  • you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction;
  • you have read and understand these Terms in its entirety;
  • you have the full right and authority to enter into and abide by the terms and conditions of these Terms;
  • you understand and acknowledge that by accepting these Terms you are giving up certain legal rights and remedies;
  • you voluntarily accept and agree to, and will fully comply with, the terms and conditions of these Terms;
  • you will not violate any applicable international, federal, state or local laws which may concern the Website, the App, any servers which may host the Website or the App or any information, communications or content found on or through them;
  • Company is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under these Terms;
  • no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder;
  • all information you provide to us in connection with your access or use of the Website and the App is truthful and accurate;
  • you are not listed on any United States government list of prohibited or restricted parties.

17. Disclaimer

17.1. ย General Disclaimer

Your visit, access, registration with or use of the Website and/or the App in any way is done at your own risk. The Website, the App, the success or performance of the Website or the App and all information, communications, content, features, products and services offered, sold and/or licensed on or through the Website and/or the App are provided to you on an "as is," "where is," "as available," and "with all faults" basis. Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Website, the App, the success, performance, functionality, reliability or safety of the Website or the App or any such information, communications, content, features, products or services.

Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Website, the App, the success, performance, functionality, reliability or safety of the Website or the App and any such information, communications, content, features, products and services.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

17.2. Disclaimer About Products and Services

All descriptions, images, references, features, content, specifications, products, and prices of any products or services offered by Company on or through the Website or the App may be subject to change at any time and without notice to you. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services through the Website or the App does not imply or warrant that they will be available.

Any information as may be provided on this Website on health issues is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. Reliance on these materials, information and opinions is solely at your own risk. The Company disclaims any liability for injury, damage or other consequence caused by or otherwise related (directly or indirectly) to any action or inaction you take based on the recipes, tips, instructions and other information and resources available on this Website. In all occasions, you should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. The products should be used only as directed on the label.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service ordered or purchased through the Website or the App.

Company reserves the right, with or without prior notice to you, to do any one or more of the following:

  • limit the available quantity of or discontinue any such product or service;
  • impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion;
  • ban you from making or completing any transactions through the Website or the App;
  • refuse to provide you with any such product or service.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES, SO SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU.THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.

18. Limitation of Liability

In no event shall Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: your access, inability to access, registration with, inability to register with, use or inability to use the Website or the App; the unauthorized access to or alteration of your information; any statements, content or conduct of any third party on, through or in relation to the Website or the App or made or provided during the course of your visit, access, registration with or use of the Website or the App; any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s); any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s); the fact that you have relied on any information or content found on, through or in relation to the Website or the App or made or provided during the course of your visit, access, registration with or use of the Website or the App; any acts, errors or omissions of any third-party providers, if any; any products or services offered or sold by Company on or through the Website or the App.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THE COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.

19. ย Indemnification

If you fail to comply with any terms or conditions (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized charges and payments, any unauthorized changes to your Account information and settings and any unauthorized access or use of your Account), and agree to indemnify, release and hold harmless us and our officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from your violation of any term of these Terms, including, without limitation your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights and your violation of any applicable law, rule or regulation, as well as any claim or damage that arises as a result of any of your content; and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.

This provision shall survive the termination of these Terms and remain in full force and effect.

20. Consumer Protections

The disclaimers and limitations set forth in the sections above are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

21. Termination and Survival

These Terms shall continue and remain in effect until it is terminated in accordance with the terms and conditions of these Terms. Company may terminate these Terms at any time, for any or no reason, and without notice to you (including, without limitation, if Company believes that you have violated or acted inconsistently with any term or condition of these Terms).

You may terminate these Terms at any time and for any or no reason by deleting cancelling your account subscription with Company. If these Terms is terminated for any reason, then all rights granted to you under these Terms shall automatically revert back to Company, and the following shall survive in perpetuity: all defined terms under these Terms; all rights and privileges under these Terms which were granted to and/or accrued in favor of Company and/or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of these Terms termination; all payments which accrued as of the date of termination; all disclaimers, limitations of liability and limitations of remedies; all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under these Terms.

22. Governing Law

These Terms, the additional terms, conditions, and policies referenced herein (including, without limitation, the Websites and the Apps Privacy Policy), and the legal relationship between the parties arising in connection herewith shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

23. Dispute Resolution

The parties hereto will use their reasonable best efforts to resolve any dispute hereunder through good faith negotiations. A party hereto must submit a mail or e-mail with the topic โ€œDISPUTE RESOLUTIONโ€ to any other party to whom such dispute pertains, and any such dispute that cannot be resolved within thirty (30) calendar days of receipt of such e-mail will be submitted to a sole arbitrator.

Except as otherwise provided herein or as the parties to the dispute may otherwise agree, such arbitration will be conducted in accordance with the then existing rules of the American Arbitration Association. The decision of the arbitrator made in writing will be final and binding upon the parties hereto as to the questions submitted, and the parties will abide by and comply with such decision.

24. Litigation

In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to these Terms or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of California in San Francisco County, California, United States of America and the United States federal courts in the Northern District of California, San Francisco Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient.

25. Miscellaneous

If any provision of these Terms is deemed invalid or unenforceable by a court of law or arbitrator (as applicable) with binding authority, then the remaining provisions shall not be affected, and said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of these Terms.

These Terms, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Website`s and the App`s Privacy Policy), constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersede any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

The Company is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Any failure or delay by the Company in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by the Company.

25. Supplemental terms for App Stores

To the extent permitted by applicable law, the following supplemental terms shall apply:

Apple App Store.

By accessing the App through a device made by Apple Inc. (โ€œAppleโ€), you specifically acknowledge and agree that: these Terms are in effect between Company and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the application with the App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple`s App Store Terms of Service. Apple is not responsible for the App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or your possession and use of the App infringes such third party`s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a โ€œterrorist supportingโ€ country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof. Company expressly authorizes use of the App by multiple users through the Family Sharing or any similar functionality provided by Apple.

27. Contact Us

The Company may provide notifications to you via email notice, or through posting of such notice on the Website, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that You may opt out of certain means of notification as described in these Terms.

The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Please direct any questions you may have about the Website, the App or these Terms to any one of the following:

By e-mail: hey@habitof.com

Last updated: April 12, 2019