Terms of service
Your purchase of the hardware component of the HabitAware product (the "Product") is subject to these HabitAware Purchase Order Terms (the "Terms"). You may also download a mobile application from HabitAware that works in conjunction with the Product (the "Application"). Your use of the Application shall be subject to both HabitAware licensing terms and the licensing terms established by the applicable mobile platform provider e.g. Apple or Google.
1. Purchase Price. The price for the Product is set forth in the applicable HabitAware Website Order Form (the "Order Form" the price or charge the "Price"). The Price (and all applicable sales, use or value-added taxes and shipping charges) shall be paid by you by credit card or debit card accepted by HabitAware. You shall provide HabitAware with true and accurate credit card or debit card account information as required by HabitAware to accept payment of the Price. You hereby authorize HabitAware to use such information to debit, credit or authorize, as applicable, your credit card or debit card for payment of the Price.
2. Title to Product. Title for Product passes to the purchaser at the time of delivery by HabitAware to the freight carrier, but HabitAware and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit. Shipping and delivery dates are estimates only and cannot be guaranteed. HabitAware is not liable for any delays in shipments.
3. Product Warranty and Returns. HabitAware warrants that the Product will be free from defects in materials and/or workmanship for a period of three hundred-sixty five (365) days from the date of delivery of Product ("Warranty Period"). If a defect arises within the Warranty Period, then as your sole and exclusive remedy (and HabitAwares' sole liability), HabitAware will at its sole option either (a) repair the defect at no charge, or (b) replace the Product with a new product that is functionally equivalent to the original. You will be responsible for shipping costs associated with returning the Product to HabitAware and bear the loss during shipment. HabitAware will be responsible for the cost of shipping the repaired Product or replacement Product to you.
This warranty does not apply to: (a) damage caused by failure to follow instructions relating to the Product; (b) damage caused by accident, abuse, misuse or neglect; (c) a Product or part that has been modified or combined with any other products, materials, or matter; (d) items intended to be periodically replaced by the purchaser during the normal life of the Product, including, without limitation, batteries; or (e) normal wear and tear. This warranty only extends to the original purchaser.
If you plan to return the Product for any reason, you must notify HabitAware within ninety (90) days from the time of delivery. To initiate a return, you must contact HabitAware customer support. HabitAware will provide you with a Return Materials Authorization ("RMA") that must be included with your return shipment to HabitAware. You will be responsible for shipping costs associated with returning the Product to HabitAware and bear the loss during shipment.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HABITAWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY HABITAWARE OR ANY OF HABITAWARE'S SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. IF HABITAWARE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability. HABITAWARE SHALL NOT BE LIABLE FOR (A) ANY INCIDENTAL, CIRCUMSTANTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, OR (B) ANY AMOUNTS IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MUST CONTACT HABITAWARE WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
5. Reservations and Pre-orders. Product available for pre-order are offered for sale by HabitAware. Your placement of a reservation and pre-order creates a contract for sale subject to these Terms. HabitAware will obtain authorization from your bank or credit card company and may capture payment any time after you place a reservation and pre-order and HabitAware accepts such order. You may not cancel your order to purchase Products after your order is placed and accepted by the Company. You will receive an email several days prior to the shipment of your purchased Products. HabitAware reserves the right to cancel or refuse any order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed.
6. General Terms. These Terms, along with the Order Form, which is hereby incorporated by reference, represents our entire agreement regarding your purchase of the Product. If any part of one or more of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will to that extent be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect. Failure or delay by us to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof. HabitAware will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond HabitAware's reasonable control. These Terms are governed by the laws of the State of Minnesota without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Hennepin County, Minnesota for the purpose of litigating all such claims or disputes.