21habit is a tool that tries to help you make or break habits. You pay us money to use the tool. We hold that money for you. If you are successful in making or breaking your habit we keep holding that money for you, or give it back whenever you decide. If you slip up making or breaking your habit on a certain day, you forfeit a little bit of the money you gave us. We donate all of the money you forfeit to charity. We try to do a good job telling you how the site works and what happens with your money. If you think the site hasn’t functioned as expected, tell us and we’ll try to make it right.
General Terms. 21habit charges on a per-habit basis on the day you start a new habit. You make a payment into an account that 21habit maintains on your behalf. Each day you fail to meet your stated goal 21habit deducts a pre-set amount from your account. 21habit donates all of those funds to charity on a monthly basis. If you choose to abort a habit you can withdraw any funds remaining in your 21habit account.
21habit has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, 21habit does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 21habit disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
As 21habit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 21habit.com violates your copyright, you are encouraged to notify 21habit in accordance with 21habit’s Digital Millennium Copyright Act (“DMCA”) Policy. 21habit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 21habit will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 21habit or others. In the case of such termination, 21habit will have no obligation to provide a refund of any amounts previously paid to 21habit. Intellectual Property. This Agreement does not transfer from 21habit to you any 21habit or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 21habit. 21habit, 21habit.com, the 21habit.com logo, and all other trademarks, service marks, graphics and logos used in connection with 21habit.com, or the Website are trademarks or registered trademarks of 21habit or 21habit’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 21habit or third-party trademarks.
21habit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 21habit may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
21habit may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 21habit.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. 21habit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 21habit nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will 21habit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 21habit under this agreement during the twelve (12) month period prior to the cause of action. 21habit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless 21habit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
21habit offers users of our website the opportunity to opt-out of receiving communications from us. If you have subscribed to our service and wish to stop receiving any future communications from us, you can do so on our email settings. These unsubscribe options are also included in email communications that you receive from us. We take all reasonable measures to ensure that your unsubscribe requests are fulfilled in a timely manner. However, despite these precautions, there is always the chance that after you unsubscribe you may receive additional communications from us that may have resulted from an inadvertent technical or other processing error. If this happens, please notify us of those communications and we will take immediate steps to rectify the situation.
This Agreement constitutes the entire agreement between 21habit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 21habit, or by the posting by 21habit of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Washington, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Seattle, Washington. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 21habit may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.