Thank you for visiting thehabitat.com (the “Site”). By visiting this Site and accessing any content or using any of the services or products available through the Site, you agree to the following terms and conditions.
ASSEMBLY DOES NOT WARRANT THAT (I) THE SITE OR ANY PUBLISHED CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER RELATED MATERIALS PROVIDED OR OFFERED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SITE OR PUBLISHED CONTENT WILL BE CORRECTED.
ANY CONTENT AND INFORMATION OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASSEMBLY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.7. Limitation of Liability/Indemnification - Information on this Site may contain technical inaccuracies or typographical errors although Assembly will make commercially reasonable efforts to maintain and review all its content. Information and any content available on this Site may be changed or updated at any time without prior notice to you. You will indemnify, hold harmless, and defend Assembly, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys’ fees) resulting from or in any way connected with your use of the Site, the information, and any content that is made available on the Site through your breach of any of the terms and conditions of this Agreement. In no event (including, without limitation, in the event of negligence) will ASSEMBLY, its employees, directors, officers, or authorized agents be liable for any actual, consequential, incidental, direct, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, LOSS OF GOODWILL, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ANY SITE CONTENT, or the use or inability to use this SITE, or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. Termination - Assembly reserves the right to terminate this Agreement or your access to the Site at any time and with or without cause and without notice. 9. Governing Law – This Agreement and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom, and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. The failure of Assembly to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Assembly’s ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions. 10. NOTICE AND AMENDMENT TO TERMS - Assembly reserves the right to amend the terms and conditions of this Agreement at any time. We shall notify you of any material changes to this Agreement by providing you with notification of such changes which will appear in a prominent location on the Site. Your accessing of and continued use of the Site constitutes your acknowledgement and acceptance of any modified terms to the Agreement. 11. ENTIRE AGREEMENT - The Terms of Service and Website Use (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Assembly and govern your use of the Site, superseding any prior agreements between you and Assembly. You also may be subject to additional terms and conditions that may apply when you use any other current or future services made available through the Site. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.