1. The Site
Your use of this Site will be in compliance with all applicable laws and regulations. The information, functionalities, products, services and other materials displayed on, offered through or contained on this Site are provided for your convenience only and may be modified, removed or made unavailable at any time. Habitat may at any time and at its sole discretion restrict or terminate your right to use this Site.
This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by the provision of any such links. Your use of third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
4. Intellectual Property
The materials displayed on or contained within this Site including, without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, short features, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks (the “Habitat Materials”), are the property of Habitat or its licensors and are protected by copyright, trade-mark and other intellectual property laws.
Habitat hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Habitat Materials for non-commercial and personal use only, provided that you maintain all copyright and other notices contained in such Habitat Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Habitat Materials to any third party (including, without limitation, the display and distribution of Habitat Materials via a third party website) without the express prior written consent of Habitat. Unless expressly permitted herein, any use of Habitat Materials is only permitted with the express written permission of Habitat and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Habitat Materials.
5. Disclaimer of Warranties
THIS SITE, ITS CONTENTS, THE HABITAT MATERIALS, AND ANY FUNCTIONALITIES, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. HABITAT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, THE HABITAT MATERIALS OR SUCH FUNCTIONALITIES, PRODUCTS AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS. HABITAT DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
6. Limitation of Liability
IN NO EVENT SHALL HABITAT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY HABITAT MATERIALS; ANY PRODUCTS, FUNCTIONALITIES OR SERVICES OFFERED OR CONTAINED IN THIS SITE; OR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR INABILITY TO USE THIS SITE WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE AND EVEN IF HABITAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Governing Law
Last Updated January 4, 2011