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HABITUDES™ TERMS OF USE AGREEMENT

Last Updated: August 28, 2008

WELCOME TO HABITUDES™

We maintain this Web site (the “Site”) as a service to our customers. By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods, products or services from this Site.

ACCEPTANCE OF AGREEMENT
HABITUDES is an Application Service Provider “ASP” providing software service available for use by end users online at www.habitudes.info. HABITUDES may make available to you on this Site information, documents, images, software and products (collectively, the "Materials") and various services operated by HABITUDES (collectively, the "Services"), subject to the terms and conditions set forth in this Terms of Use Agreement (the "Terms of Use" or “Agreement”). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. HABITUDES reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, or entering sections of the Site for members, you are subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates. This Agreement is void where prohibited by law, and the right to access the Site, Materials and Services is revoked in such jurisdictions.

MEMBERSHIP
(1) Qualifications. A HABITUDES’ member is a person or entity who is registered with and currently using the HABITUDES system in accordance with this Agreement. Each member must keep their membership information and contact information current on the HABITUDES website.

(2) Payment. Beginning on the date of acceptance of this Agreement and ending twelve months thereafter, the first year of membership in HABITUDES shall be free of charge. The fee for each subsequent year of membership shall be ten dollars ($10) per year. Not less than one month prior to the expiration of your first year of membership, you will receive notification that your membership in HABITUDES is set to expire and you will have the option to renew your membership. You must pay your membership fees within thirty (30) days of receipt of such notice. If you fail to pay your membership fee and/or to keep your user information current on the website, HABITUDES shall have the right to terminate your membership and to purge all customer data after a thirty (30) day grace period.

(3) Other Goods and Services. From time to time there may be goods or services offered which will be described on HABITUDES website for interested users. If you order such goods or services electronically using HABITUDES, the charges will be added to your account and paid monthly as described below. The terms of purchase and related charges may be shown on the HABITUDES screen which describes the goods or services offered.

(4) Price Changes. HABITUDES reserves the right to change prices at any time.

(5) No refund policy. you acknowledge and agree in this agreement that you will not be entitled to a refund of any amounts charged to your credit card under the arrangements described herein for any reason.

LIMITED COPYRIGHT LICENSE
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, HABITUDES and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of HABITUDES.

USE OF SOFTWARE

The software and accompanying documentation that are made available on this Site are the copyrighted work of HABITUDES and/or its licensors or suppliers. The Terms of Use and any additional terms that accompany or are included with such software, or that are set out below govern the use of the software. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of any of the software available on or through the Site.

SITE INFORMATION

Habitudes reserves the right to modify its products or website without notice.

USE OF SITE INFORMATION

Except as otherwise indicated elsewhere on this Site, you may view and print the documents and information available on this Site subject to the following conditions: The documents and information may be used solely for personal, informational, and internal purposes. Except as expressly permitted, the documents and information may not be modified or altered in any way. Except as expressly permitted, the documents and information on the Site may not be distributed. You may not remove any copyright, trademark or other proprietary notices contained in the documents and information. HABITUDES reserves the right to revoke the authorization to view and print the documents, Materials, software, and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from HABITUDES. The rights granted to you constitute a limited license and not a transfer of title.

The rights specified above to view and print the documents, Materials, software and information available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections that HABITUDES puts in place to restrict access to certain parts of the Site.

USE OF INFORMATION SUBMITTED BY YOU

You agree that Habitudes is free to use any comments, information or ideas in any communication you send to Habitudes, without compensation or acknowledgement to you, for any purpose whatsoever, including, but not limited to, modifying and marketing Habitudes or developing, manufacturing and marketing other products or services.

REGISTRATION AND MEMBERSHIP INFORMATION
Certain portions of the Site are only available to individuals and entities that have become registered members of the Site as described in this Terms of Use. To become a member of HABITUDES you must submit a complete HABITUDES registration form on-line. By submitting a HABITUDES registration form, you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a member and (c) the information on the registration form is current, complete, and accurate. Members agree to update registration information to ensure that it continues to be current, complete, and accurate. HABITUDES reserves the right to accept or reject an individual's registrations for HABITUDES. As part of the registration process, individual will submit a unique User name and Password. Upon Habitudes' acceptance of that Username and Password, HABITUDES authorizes you to access and use HABITUDES subject to the Terms of Use.

USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account Username and Password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a Password or Username assigned to a member, or any breach of security through member’s account, then the member shall notify HABITUDES immediately by contacting security@habitudes.info.

LINKS TO OTHER INTERNET WEB SITES
This Site may contain links to third-party Web sites that are not under the control of HABITUDES. HABITUDES makes no representations or warranties whatsoever about any other Web site to which you may have access through this Site. HABITUDES provides these links merely as a convenience and the inclusion of such links does not imply that HABITUDES endorses or accepts any responsibility for the content or uses of such Web sites.

CONTENT
Your Obligations and Warranties. For any information, materials, or documents of any kind that you submit or place on the Site ("Content"), you shall obtain any and all licenses to, or releases of intellectual or proprietary rights in or to your Content before delivery to the Site. By submitting your Content to HABITUDES for posting on the Site, you duly represent and warrant that you are authorized to and have all necessary legal right to make your Content available in connection with these Terms of Use. HABITUDES expressly reserves the right to refuse to post on the Site and to remove from the Site at any time any Materials submitted by you at HABITUDES’ sole discretion. You warrant that your Content will not contain content that (i) is libelous, obscene, excessively violent, scandalous, or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) violates the personal, proprietary, or intellectual property rights of any third party, or (iv) violates the Acceptable Use Policy set forth herein.

HABITUDES may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for your Content. HABITUDES has no liability or responsibility for the deletion or failure to store any information or Materials in connection with any Service.

HOW WE KEEP YOUR INFORMATION SECURE
Our site meets stringent security and privacy standards for both e-commerce and personal information. Providing a secure on-line experience is one of our greatest priorities. HABITUDES has advanced security measures that protect the loss, misuse, and alteration of the information under our control. HABITUDES is not responsible for circumstances beyond our control and therefore by accepting these Terms of Use you agree to take all steps necessary to make backup copies of the data you store on the HABITUDES website and ultimately you are solely responsible for maintaining copies of all such data.

NOTIFICATION OF COPYRIGHT INFRINGEMENT
HABITUDES will, in appropriate circumstances and at its sole discretion, terminate the use of those involved in disputes regarding intellectual property rights and remove or disable access of such members or other users to the HABITUDES site. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site, you must provide HABITUDES’ Copyright Agent a notice (“Notice”) containing the following elements:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner that is alleged to have been infringed.

A description of the copyrighted work(s) that you claim have been infringed including the date the work(s) was created, the name of the author(s), the title of the work(s), and whether the work(s) has been registered with the United States Copyright Office. If the work(s) has been registered with the United States Copyright Office, also provide a copy of the Copyright Registration.

A description of the activity or the material on the HABITUDES site claimed to infringe the copyright including where the material is located on the HABITUDES site.

Information sufficient to permit HABITUDES to contact you, such as your physical address, telephone number, and email address.

A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law, and infringes upon the copyright identified.

A statement by you under penalty of perjury, that the information in your Notice is accurate and, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be sent to: info@habitudes.info

NOTICE OF CLAIMS OF COPYRIGHT INFRINGEMENT SHOULD ONLY BE SENT IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE. THE ABOVE NOTED PERSONNEL WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO info@habitudes.info.

DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND HABITUDES, ALL MATERIALS AND SERVICES ON THIS SITE AND YOUR USE OF LINKED WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HABITUDES MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, MATERIALS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OR SERVICES ON THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS. ALL MATERIALS PURCHASED OR ORDERED FROM HABITUDES ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER. HABITUDES ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE.

IN NO EVENT SHALL HABITUDES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HABITUDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR SOFTWARE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HABITUDES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL HABITUDES’ LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR ANY MATERIALS OR SERVICES. YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT ARE A MATERIAL CONSIDERATION FOR HABITUDES ENTERING INTO THIS AGREEMENT.

TERM AND TERMINATION
This Terms of Use Agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to members, the date a member establishes a Username and password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or immediately upon a user’s breach of any of the Terms of Use. HABITUDES reserves the right to immediately terminate this Agreement effective upon written (or emailed) notice to you if you materially breach any of the terms or conditions of the Terms of Use that are not cured within ten (10) days after notice from HABITUDES. HABITUDES reserves the right to suspend access to and use of the Site pending cure of your breach. In addition, HABITUDES or you may terminate this Terms of Use for any reason or for no reason, upon ten (10) days notice to the other.

Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, you must cease to access or to use any Materials or Services through HABITUDES.

The limitations and disclaimers of warranties, and the indemnity obligations of end users, and the provisions of governing law, jurisdiction and venue, shall survive any termination of this Agreement.

INDEMNITY
You agree to indemnify, defend, and hold HABITUDES and its owners, subsidiaries, affiliates, officers, directors, employees, agents, co-branders, associates, suppliers, and other partners, harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to the Site through your account, (c) is based on facts or alleged facts that would constitute a breach of any of your representations, warranties, or covenants under this Agreement, or (d) arising out of a request for HABITUDES to remove or disable access to any of your Content in or on the Site. You shall not enter into a settlement of the foregoing without HABITUDES’ prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from HABITUDES.

ENTIRE AGREEMENT
These Terms of Use constitutes the entire agreement between you and HABITUDES with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and HABITUDES. HABITUDES may modify these terms of use by posting the new terms and conditions in the same location the previous terms and conditions were posted. We will notify you of any revised Terms of Use posted. After notification, if you continue to use the Materials, Services, or Site, then you will be considered to have accepted the modifications.

MISCELLANEOUS PROVISIONS
HABITUDES’ failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

FORCE MAJEURE
HABITUDES will not be liable in any manner for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of HABITUDES including, without limitation, outages of the Internet or connections thereto, communications outages, labor shortage, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.

GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by HABITUDES from its offices within the State of California United States of America. By accessing this Site, you and HABITUDES agree that the statutes and laws of the State of California without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and HABITUDES irrevocably consent to submit to the exclusive personal jurisdiction and venue of the state and federal courts in San Francisco County, California with respect to such matters. HABITUDES makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws.

ACCEPTABLE USE POLICY
You agree not to use HABITUDES to upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, harm minors in any way, impersonate any person or entity, including, but not limited to, a HABITUDES representative, or falsely state or otherwise misrepresent your affiliation with a person or entity, upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, interfere with or disrupt HABITUDES or servers or networks connected to HABITUDES, or disobey any requirements, procedures, policies or regulations of networks connected to HABITUDES, or otherwise harass another, collect or store personal data about other users, data, robots or similar data gathering and extraction tools, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.

*** END OF TERMS OF USE AGREEMENT ***


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