Terms and Conditions

Welcome to Habitat. Please read the following terms and conditions carefully before using our site. If you do not agree to these terms and conditions, please do not use our site.

Electronic Communications

When you visit Habitat or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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 clips, digital downloads, data compilations, and software, is the property of Habitat 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 Habitat and protected by U.S. and international copyright laws. All software used on this site is the property of Habitat or its software suppliers and protected by United States and international copyright laws. 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 Habitat. 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 Habitat and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Habitat’s name or trademarks without the express written consent of Habitat.

Trademarks

Habitat and other marks indicated on our site are registered trademarks of The Burton Corporation in the United States and other countries.  Habitat graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Burton Corporation. Habitat’s trademarks and trade dress may not be used in connection with any product or service that is not Habitat’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Habitat. All other trademarks not owned by Habitat 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 Habitat.

Indemnification

You agree to indemnify, defend, and hold harmless Habitat, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from violation of these Terms & Conditions.

Third Party Links

Habitat may link to third-party sites. Habitat has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk.

Risk of Loss

All items purchased from Habitat 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.

Product Descriptions

Habitat attempts to be as accurate as possible. However, Habitat does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Habitat itself is not as described, your sole remedy is to return it in a new, unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Habitat ON AN "AS IS" AND "AS AVAILABLE" BASIS. Habitat MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Habitat DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Habitat DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Habitat ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Habitat WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

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 Habitat, you agree that the laws of the State of Vermont, U.S.A. without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Habitat.

Disputes

Any dispute relating in any way to your visit to Habitat or to products you purchase through Habitat shall be submitted to confidential arbitration in Burlington, Vermont, except that, to the extent you have in any manner violated or threatened to violate Habitat’s intellectual property rights, Habitat may seek injunctive or other appropriate relief in any State or Federal court in the State of Vermont, U.S.A. and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

We reserve the right to make changes to our site, policies, and these Terms & Conditions 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.

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