Conditions of Use

Last Updated: 02/29/2012

Welcome to the MYHABIT.COM website ("MYHABIT.COM"). Amazon Services LLC and/or its affiliates ("MYHABIT") provide website features to you subject to the following conditions. If you visit or shop at MYHABIT.COM, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to MYHABIT.COM, to understand our practices.

ELECTRONIC COMMUNICATIONS


When you visit MYHABIT.COM or send e-mails or texts to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT


All content included on this site, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of MYHABIT or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MYHABIT and protected by U.S. and international copyright laws. All software used on this site is the property of MYHABIT or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS


MYHABIT, MYHABIT.COM, the MYHABIT logo, and other MYHABIT graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MYHABIT in the U.S. and/or other countries. MYHABIT's trademarks and trade dress may not be used in connection with any product or service that is not MYHABIT's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MYHABIT. All other trademarks not owned by MYHABIT that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MYHABIT.

PATENTS

One or more patents owned by MYHABIT apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents. Click here to see a non-exhaustive list of applicable patents and applicable licensed patents.

LICENSE AND SITE ACCESS

MYHABIT grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MYHABIT. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MYHABIT. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MYHABIT without express written consent. You may not use any meta tags or any other "hidden text" utilizing MYHABIT's name or trademarks without the express written consent of MYHABIT. Any unauthorized use terminates the permission or license granted by MYHABIT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MYHABIT.COM so long as the link does not portray MYHABIT, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MYHABIT logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MYHABIT may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use MYHABIT.COM only with involvement of a parent or guardian. MYHABIT reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT


We may provide content features that will allow visitors to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In such case you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. MYHABIT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant MYHABIT a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MYHABIT and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MYHABIT for all claims resulting from content you supply. MYHABIT has the right but not the obligation to monitor and edit or remove any activity or content. MYHABIT takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS


MYHABIT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

TITLE; RISK OF LOSS

Amazon.com LLC sells all items purchased via MYHABIT for delivery to a U.S. address, APO/FPO address, or to a U.S. territory or protectorate. Amazon Export Sales, Inc. sells all items that are purchased via MYHABIT for delivery to an international address. For delivery to international addresses, the customer must prepay a deposit for any estimated import taxes, customs duties and fees. All purchases 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. The recipient of an international shipment is the importer.

PRODUCT DESCRIPTIONS


MYHABIT attempts to be as accurate as possible. However, MYHABIT does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

PRICING


The strike-through price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier. The strike-through price may or may not represent the prevailing price for retailers in every area on any particular day. For certain items that are offered as a set, the strike-through price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by MYHABIT, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MYHABIT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MYHABIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYHABIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYHABIT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MYHABIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYHABIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW


By visiting MYHABIT.COM, you agree that the the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MYHABIT. 

DISPUTES


Any dispute relating in any way to your visit to MYHABIT.COM or to products or services sold or distributed by MYHABIT or through MYHABIT.COM will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051.  The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, MYHABIT will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY


Please review our other policies, such as our returns policy, posted on this site. These policies also govern your visit to MYHABIT.COM. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

  • MYHABIT.COM
  • P.O. Box 81226
  • Seattle, WA 98108-1226
  • http://www.myhabit.com

    Notice and Procedure for Making Claims of Copyright Infringement

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MYHABIT.COM's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MYHABIT that your copyrighted material has been infringed.

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the site; 
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    MYHABIT.COM's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

    • Copyright Agent
    • MYHABIT.COM Legal Department
    • P.O. Box 81226
    • Seattle, WA 98108
    • phone: (206) 266-4064
    • fax: (206) 266-7010
    • e-mail: copyright@amazon.com

    Courier address:

    • Copyright Agent
    • MYHABIT.COM Legal Department
    • 410 Terry Avenue North
    • Seattle, WA 98109-5210
    • USA