- For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
- “HabitFactory USA”, “us” or “we” includes HabitFactory USA, INC. and any of its aﬃliates or subsidiaries.
- “Provider(s)” includes, but may not be limited to, the banks, lenders, ﬁnancial institutions, insurers, service providers, real estate companies, dealers, agents, brokers and other entities oﬀering products and services through HabitFactory USA’s Websites.
We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modiﬁcations become eﬀective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modiﬁcations. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.
Our Security Policy, hereby incorporated by reference into this Agreement, explains the measures we take to protect your information and descriptions of ways we implement these measures for diﬀerent types of information you may provide to us.
Copyright, Trademark and Service Mark Notices
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to HabitFactory USA. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted, or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without HabitFactory USA’s prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.
Disclaimers and Liability
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. HABITFACTORY USA DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. HABITFACTORY USA DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- UNDER NO CIRCUMSTANCES WILL HABITFACTORY USA BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES.
- HABITFACTORY USA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
You agree to indemnify, defend and hold harmless HabitFactory USA and its oﬃcers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and aﬃliates (“HabitFactory USA Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third- party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of HabitFactory USA. The HabitFactory USA Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemniﬁcation by you, and you further agree that you will cooperate fully in the defense of any such claims.
Limitation on Damages
HABITFACTORY USA’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL HABITFACTORY USA BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL HABITFACTORY USA’S TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
Links to Third Party Websites
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products, or services available on non-aﬃliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Errors and Delays
You agree that HabitFactory USA is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN CHARLOTTE, NORTH CAROLINA; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modiﬁed by to render it enforceable with respect to the Dispute at issue and to reﬂect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modiﬁed provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a ﬁnding of invalidity or unenforceability shall not aﬀect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.
Terms Applicable to All Services
We provide educational content and operate online marketplaces that enable consumers to comparison shop on HabitFactory USA’s Websites for ﬁnancial products and services oﬀered by HabitFactory USA’s network of Providers.
You consent to receive email from HabitFactory USA, its aﬃliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state, or federal law or regulation. You agree that the consents described herein shall remain valid and in eﬀect until you revoke them by opting out as described below.
You may opt out of receiving calls from HabitFactory USA at any time by engaging in any of the following reasonable means: (1) emailing email@example.com to expressly state in writing that you no longer wish to be contacted by HabitFactory USA and are revoking your consent to be contacted; (2) notifying a HabitFactory USA customer service representative that you no longer wish to be contacted by HabitFactory USA and are revoking your consent to be contacted; or (3) Responding to any SMS, mobile, or text message you receive from HabitFactory USA in accordance with the express written instructions of that particular messaging program. At any time, you may update your preferred method of contact by calling 213-426-1118. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that HabitFactory USA is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
HabitFactory USA is not a lender or a creditor. HabitFactory USA is not an agent of either you or any Provider. Except as otherwise provided for in your state (please see the Licenses section of the Websites), HabitFactory USA is not acting as your agent or as the agent of any Provider. HabitFactory USA’s services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from HabitFactory USA in deciding which available product, terms and Provider best suits your needs and ﬁnancial situation.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with HabitFactory USA in order to adhere to applicable laws. Providers and HabitFactory USA may also maintain, and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for HabitFactory USA and the selected Provider to share this information for these purposes.