TERMS AND CONDITIONS FOR WEBSITES, DEVICES AND MOBILE APPLICATIONS USE
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING OUR WEBSITES, DEVICES AND MOBILE APPLICATIONS (COLLECTIVELY, THE “SERVICES”). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
1. Introduction
Welcome to our websites and mobile applications. Our Services are provided to you by LM Systems Corporation (“we,” “us,” “our,” or “Company”). These Terms govern your purchase of our devices, your use of our Services, including any content, features, functionality, and services offered on or through the Services. By purchasing the devices or using the Services, you agree to be bound by these Terms, our Privacy Policy, our mobile applications’ End-User License Agreements (EULA) and any other policies or agreements referenced in these Terms.
2. Eligibility
To use our Services, you must be at least 18 years old or have the permission of a parent or legal guardian. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and that you have the permission of a parent or legal guardian if you are under 18 years old.
3. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal and non-commercial use only.
4. User Content
You may submit content, including but not limited to text, images, videos, and audio (collectively, “User Content”) to the Services. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, media, or technology now known or hereafter developed, without any compensation to you.
5. Prohibited Conduct
You agree that you will not engage in any conduct that:
a. Violates any applicable law or regulation; b. Infringes any intellectual property rights or other rights of any person or entity; c. Is harmful, threatening, abusive, harassing, defamatory, or otherwise offensive; d. Is fraudulent, false, or misleading; e. Interferes with or disrupts the Services or servers or networks connected to the Services; f. Attempts to gain unauthorized access to the Services or any other user’s account; g. Uses any robot, spider, scraper, or other automated means to access the Services; h. Impersonates any person or entity, including any employee or representative of the Company; i. Encourages or facilitates any illegal activity; or j. Attempts to do any of the foregoing.
6. Intellectual Property
The Services and all content and materials contained therein, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and code (collectively, “Intellectual Property”), are owned or licensed by us and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, or display any Intellectual Property without our prior written consent.
7. Third-Party Content
The Services may contain links to third-party websites, advertisements, or other content (“Third-Party Content”). We do not control, endorse, or assume any responsibility for any Third-Party Content. You acknowledge and agree that we are not responsible or liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Content.
8. Limited Warranty for Devices
Coverage: This limited warranty (“Warranty”) applies to the device, hereafter referred to as “the Device”, provided by the Company.
Duration: This Warranty is valid for a period of 1 year from the date of purchase by the original end-user, as evidenced by a valid proof of purchase.
Warranty Coverage: The Company warrants that the Device will be free from defects in material and workmanship under normal use and service during the Warranty Period. If a defect arises in the device and a valid claim is received by the Company within the Warranty Period, the Company will, at its discretion:
1. Repair the Device using new or refurbished parts.
2. Replace the Device with a new or refurbished Device.
3. Refund the purchase price of the Device.
No Tamper Provision:
Tampering with the Device, including but not limited to opening the casing, attempting unauthorized repairs or modifications, or removing any labels or seals, will immediately void this Warranty. Any evidence of tampering will result in the Warranty becoming null and void, and the Company will not be liable for any repair, replacement, or refund.
Exclusions and Limitations:
This Warranty does not cover and the Company is not responsible for:
1. Damage resulting from improper use, misuse, negligence, or accidents.
2. Normal wear and tear, including cosmetic damage such as scratches, dents, or blemishes.
3. Damage caused by unauthorized repairs, modifications, or alterations.
4. Damage caused by using the Device with unauthorized accessories.
5. Damage caused by force majeure events, including but not limited to natural disasters and power surges.
6. Any loss of data stored on the Device.
7. Third-party software or applications, or any problems caused by their use.
Obtaining Warranty Service:
To obtain warranty service, the original end-user must:
1. Contact the Company’s customer service at support@myhabitatapp.com.
2. Provide a valid proof of purchase and a description of the problem.
3. Follow the Company’s instructions for shipping or returning the Device, if applicable.
9. Disclaimer of Warranties
THE SERVICES, EXCEPT THE DEVICES AS PER PROVISION 8, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US OVER THE LAST TWELVE MONTHS, IF ANY, FOR PURCHASING DEVICES OR ACCESSING THE SERVICES.
11. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (a) use of the Services, (b) violation of these Terms, or (c) violation of any rights of any other person or entity.
12. Termination
We may terminate or suspend your access to the Services, in whole or in part, at any time and without prior notice or liability, for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms.
13. Dispute Resolution
In the event that you have a disagreement with our Company, we aim to offer you a resolution that is both efficient and cost-effective. Our first course of action would be to suggest you utilize our customer service as almost all disputes with customers can be resolved satisfactorily through this channel. You can contact our customer service through email at support@myhabitatapp.com or by submitting a request via our website at https://myhabitatapp.com. If, after using our customer service, you are still not satisfied, the next step would be to follow the procedures outlined in these
14. Terms for resolving the dispute.
Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE:
You and the Company agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION:
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES:
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (AAA). Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the AAA Consumer Arbitration Rules (AAA Rules). If there is a conflict between AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The AAA Rules and instructions for how to initiate an arbitration are available from AAA at https://www.adr.org or 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Buffalo, New York, or any other location we mutually agree to. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR:
The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS:
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE:
You can decline this agreement to arbitrate by emailing the Company at support@myhabitatapp.com and providing the requested information as follows: (1)Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the Services.
15. Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any dispute arising from or relating to these Terms or your use of the Services shall be brought exclusively in the federal or provincial courts located in Ontario, Canada, and you hereby consent to the personal jurisdiction and venue of such courts.
16. Changes to these Terms
We reserve the right to modify or update these Terms at any time and without prior notice by posting the amended Terms on the Services. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
17. Disclaimer Regarding Application Stores
If you download and use our mobile applications, you acknowledge and agree that these Terms are between you and us only, not with any app store from which you download the mobile application (the “App Store”). We are solely responsible for the mobile applications and its content. The App Store has no obligation to furnish any maintenance and support services with respect to the mobile applications. In the event of any failure of the mobile applications to conform to any applicable warranty, you may notify the App Store and the App Store will refund the purchase price, if any, for the mobile applications to you. To the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the mobile applications, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility. You acknowledge that we, not the App Store, are responsible for addressing any claims you or any third party may have relating to the mobile applications or your possession and use of the mobile applications, including, but not limited to: (i) product liability claims; (ii) any claim that the mobile applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You further acknowledge that, in the event of any third-party claim that the mobile applications or your possession and use of the mobile applications infringes that third party’s intellectual property rights, we, not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
18. Export Control
The Services may be subject to Canada and U.S. export control laws and regulations. You agree to comply with all applicable international and national laws and regulations governing the export of products, including, without limitation, those of Canada, and the United States. You agree not to export or re-export the Services, directly or indirectly, to any countries that are subject to export restrictions.
19. No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
20. Severability
If any provision of these Terms is deemed invalid, illegal, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
21. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
22. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and us regarding the use of the Services.
23. Contact Us
If you have any questions about these Terms or the Services, please contact us at support@myhabitatapp.com.