Terms Of Service.

 Habitual Growth Terms of Service 

Website, Mobile Application, and Conditions of Use and Agency Agreement 

 Effective Date: August 1st, 2025 

 
1.0 Introduction 

This website, HabitualGrowth.com (the "Habitual Growth Site"), is operated by Habitual Growth, LLC ("Habitual Growth"). Habitual Growth is a company and user-generated content agency that provides a mobile application as well as a video exchange, a video and content hosting platform, and a video and content player (in addition to other forms of content such as, but not limited to, jpg, pdf, mp4, and png).

Habitual Growth provides access to user-generated videos and other content ("Content") via the Habitual Growth Site, via the Habitual Growth mobile application (the "Habitual Growth Player"), and otherwise, including through syndication (collectively, the "Habitual Growth Service"), under certain terms and conditions as set forth below. By accessing or using the Habitual Growth Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Habitual Growth Service. 
 

Table of Contents 

  1. Introduction 

  2. Terms and Conditions of Use 

  3. Privacy Statement 

  4. Privacy and Children’s Privacy 

  5. Account Creation and Security 

  6. Acceptance of These Terms and Conditions Through Use 

  7. Restrictions on Use of the Creators, Comments, Chat, and Mobile Application 

  8. Links and Third-Party Sites 

  9. Acknowledgement of Third-Party Terms 

  10. Acknowledgement of Third-Party Terms 

  11. User Rights in Services 

  12. User Submissions and Licenses 

  13. General Habitual Growth Player License Terms 

  14. Grant of License 

  15. Disclaimer of Warranty 

  16. Habitual Growth Content Policies 

  17. Copyright Infringement Reports 

  18. Complaint Procedure 

  19. Agency Agreement 

  20. Terms Applicable to Habitual Growth’s Custom Video Player Service 

  21. Publishing and Distribution of Content via the Habitual Growth Service 

  22. Intellectual Property 

  23. Habitual Growth’s Option to Acquire Content Copyright Via Assignment Under Option “A” or Option “B” 

  24. Collection of Earnings 

  25. Earning Payment Reductions/Set-Offs 

  26. Liability 

  27. Procedure of Reporting Violations of Rights of Privacy or Publicity 

  28. Mobile Applications and In-App Purchases 

  29. Changes to Services 

  30. Disclaimer of Warranties 

  31. Mental and Physical Health Disclaimers 

  32. Limitation of Liability 

  33. Indemnification 

  34. International use 

  35. Choice of Law and Forum 

  36. Arbitration Agreement 

  37. Severability and Integration 

  38. Termination 

  39. Consideration and Agreement 

 

2.0 Terms and Conditions of Use 

The Habitual Growth Site and Habitual Growth Service are provided for your personal and/or professional use, subject to these terms. You may use the Habitual Growth Service to browse, upload, share, and view content as permitted herein. 

This website, HabitualGrowth.com (the "Habitual Growth Site"), is operated by Habitual Growth, LLC ("Habitual Growth"). Habitual Growth is a company and user-generated content agency that provides a mobile application as well as a video and content exchange, a video and content hosting platform, and a video and content player (in addition to other forms of content such as, but not limited to, jpg, pdf, mp4, and pngs). Habitual Growth provides access to user-generated videos and other content ("Content") via the Habitual Growth Site, via the Habitual Growth mobile application (the "Habitual Growth Player"), and otherwise, including through syndication (collectively, the "Habitual Growth Service"), under certain terms and conditions as set forth below. 

 

3.0 Privacy Statement 

Your privacy is important to Habitual Growth. Our Privacy Policy, available at https://www.habitualgrowth.com/privacy-policy, governs the collection, use, and disclosure of your personal information. By using the Habitual Growth Service, you consent to the practices described in our Privacy Policy. We are committed to protecting your personal information and complying with applicable privacy laws, including the Children's Online Privacy Protection Act (COPPA). For specific concerns regarding the collection of personal information from children under 16, please see the "Privacy and Children's Privacy" section below.

To report any privacy-related issues, including unauthorized data collection, contact us at info@habitualgrowth.com.
 
4.0 Privacy and Children’s Privacy 

Habitual Growth takes user privacy seriously. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before knowingly collecting personally identifiable information online from children under 13. We do not knowingly collect or solicit personally identifiable information from children under 16. If we learn we have collected personal information from a child under 16, we will delete it immediately. Report child data collection to info@habitualgrowth.com. 

 

5.0 Account Creation and Security 

  • You must provide accurate, complete registration information. 

  • You may access services using third-party credentials (Google, Facebook, Apple, etc.) where applicable or available. 

  • Protect your password and account security—you're responsible for all account activity. 

  • You represent that you are of legal age to form a binding contract (or have parent/guardian permission). 

 

6.0 Acceptance of These Terms and Conditions Through Use  

By using the Habitual Growth Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Habitual Growth reserves the right, in its discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your use of the Habitual Growth Service subsequent to the posting of any change(s) to the Terms of Use will be deemed your acceptance of such change(s). 

 

7.0 Restriction on Use of the Creators, Comments, Chat, and Mobile Application 

Habitual Growth may from time to time offer an online forum or other platform for chats and comments for "Creator Discussions" (the "Forum"), where users of the Habitual Growth Service and creators of Content may discuss matters pertaining to the Content and/or the Habitual Growth Service. Your participation in comments and chats on the mobile application is entirely voluntary. As participation may occur in real time, therefore you or others may post something to comments or the chats that has not been edited, censored, or otherwise controlled by Habitual Growth. Notwithstanding the foregoing, Habitual Growth reserves the right to monitor messages on Comments and the Chats and to remove messages that Habitual Growth in its sole discretion determines to be undesirable, inciting violence, harmful, offensive, or otherwise in violation of these Terms of Use. Habitual Growth is not responsible nor liable for any failure or delay in removing such messages or content, or for the removal of any messages it deems inappropriate for any reason at its sole discretion. 

The following additional rules apply to the content, chats, or any other means of communication:

  • You may not post or transmit any message that is libelous, defamatory, or that discloses private or personal matters concerning any person or entity. You may not post or transmit any message, file, image, or program that is indecent, obscene, or pornographic. 

  • You may not post or transmit any message that would violate the rights of others, including but not limited to the unauthorized use, publication, or disclosure of copyrighted materials, trade secrets, or other confidential or proprietary information. 

  • You may not post anything that uses trademarks or service marks in an infringing fashion. 

  • You may not interfere with another user's use or the functionality of Habitual Growth. 

  • You may not post or transmit any message that is abusive, inciting violence, harassing, harmful, hateful, antisemitic, racist, or threatening. 

  • You may not post or transmit any messages pertaining to charity requests, petitions for signatures, requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the Habitual Growth Service. 

  • You may not post or transmit any advertising or any other solicitation of other users of the mobile application or website for goods or services other than the Habitual Growth Service. 

  • You may not use the website or mobile application to conduct or solicit the performance of any illegal activity or other activity that infringes the rights of others. 

  • You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 16 years old or younger. 

  • You or any technology you control will not "crawl," "scrape," or "spider" any page or data from the Services. 

  • You will not copy or store significant portions of content. 

  • You will not decompile or reverse engineer the Services. 

  • You will not use Services to train AI/ML models without express written consent. 

  • You will not run auto-responders or spam systems on the Services. 

 

8.0 Links and Third-Party Sites 

The Habitual Growth Service may provide third-party search facilities, such as Google searches, and thereby produce third-party advertisements and/or third-party search results., The Habitual Growth Services and/or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by Habitual Growth ("Third-Party Site(s)"). Habitual Growth is not responsible for the content of third-party sites. Products and services on third-party sites are the sole responsibility of each individual vendor or operator of such third-party sites. The inclusion and/or availability of such links to third-party sites does not imply endorsement of such third-party sites or any content, information, material, products, or services provided on such third-party sites, nor does it imply any association with the operators of such third-party sites. Third-party sites may contain information or material that some people may find inappropriate or offensive.

 

You will need to make your own independent judgment regarding your interaction with third-party sites. Habitual Growth makes no representations or warranties whatsoever concerning; the information, software or other material appearing on, or accessible through, any Third-Party Site (including without limitation, any advertisement for products or services on any Third-Party Site); the performance or operation of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith and any use by third-parties of user credit card information); any products or services advertised or sold on or through any Third-Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof); the sellers of any products or services advertised or sold on or through any Third-Party Site; or the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites. 

 

If you decide to access any of the Third-Party Sites, you do so entirely at your own risk. If you are accessing a third-party site through a link via the Habitual Growth Service, you are advised to read any terms of use and privacy policy of such third-party site before you use such third-party site. 

 

You understand, acknowledge, and agree that where the Habitual Growth Player is licensed for use by a third party, such third party may be using the Habitual Growth Player for certain purposes or to display certain content that is not content owned, controlled, distributed, authorized, or endorsed by Habitual Growth. 

 

Habitual Growth makes no representations or warranties whatsoever concerning information or any other aspect of the content of such third-party sites. 

 

9.0 Acknowledgement of Third-Party Terms 

Some Habitual Growth applications may include streaming integrations (e.g., YouTube, Rumble). By using these features, you agree to be bound by the respective third-party Terms of Service (e.g., YouTube Terms at https://youtube.com/t/terms). Access to these integration features is conditional upon your acceptance of those terms. 
 
Some Habitual Growth applications may include a feature that integrates streaming capabilities or links with YouTube, Rumble, or other third-party platforms. Access to these integration features is conditional upon your acceptance of those terms. This integration allows users to stream their content directly to YouTube, Rumble, or other third-party platforms. By using this streaming integration feature, users agree to be bound by the YouTube Terms of Service, the Rumble Terms of Service, or other specific third-party Terms of Service. Your acceptance of their Terms of Service is a prerequisite for accessing these streaming integration features. These streaming integration features are conditional upon your acceptance of their Terms of Service. 

 

10.0 Acknowledgement of Third-Party Terms 

You acknowledge and agree that all content and materials available on the Habitual Growth Site and/or available through the Habitual Growth Service are protected by one or more intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights, and that their use is restricted by the terms of this Agreement and applicable statutory and common laws. 

 

Habitual Growth, HabitualGrowth.com, the Habitual Growth Player, and Habitual Growth product and service names are trademarks and/or service marks of Habitual Growth, LLC (the "Habitual Growth Marks") and are owned exclusively by Habitual Growth. You will not display or use the Habitual Growth Marks in any manner that would constitute infringement of Habitual Growth's rights without Habitual Growth's prior permission. 

 

Except as expressly authorized by Habitual Growth, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of any content, including but not limited to video, images, sounds, and text appearing on or via the Habitual Growth Service. Systematic retrieval of data or content from the Habitual Growth Service to create or compile, directly or indirectly, a collection, compilation, library, database, or directory without prior written permission from Habitual Growth is prohibited. The use of content or materials appearing on or via the Habitual Growth Service for any purpose not expressly permitted in these Terms of Use is prohibited. 

 

11.0 User Rights in Services   

Subject to these Terms, we grant each user a worldwide, non-exclusive, non-sublicensable license to use Content solely for purposes of using the Services. Use of content for any other purpose is expressly prohibited without prior written permission. You understand that Habitual Growth owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided), create derivative works based on, or otherwise exploit any of the Services. 

12.0 User Submissions and Licenses 

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." You are solely responsible for all user submissions. You represent that all user submissions are accurate, complete, and compliant with all laws. 

 

LICENSE GRANTS:

  • For Personal Submissions (non-viewable by others): 

  • Habitual Growth may display/distribute solely to make submissions accessible to you and others based on user-selected preferences and platform requirements.

  • For Limited Audience Submissions (specific users): 

  • Habitual Growth may be display/distribute submissions solely to specified users based on user-selected preferences and platform requirements.

  • For Public Submissions:

  • You grant Habitual Growth perpetual, worldwide license to use, modify, distribute submissions to all users based on user-selected preferences and platform requirements.

 

Licenses are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. Deleting your account will stop the display of non-public submissions, but public submissions may remain in place at the discretion of the company. 

 

13.0 General Habitual Growth Player License Terms  

Use of the Habitual Growth Player is subject to any applicable license agreements for use of the Habitual Growth Player. Subject to any applicable license agreements that replace and supersede these general license terms with respect to the use of the Habitual Growth Player, the following terms and conditions apply to the use of the Habitual Growth Player. 

 

14.0 Grant of License 

Habitual Growth hereby grants you a non-exclusive license to use the Habitual Growth Player subject to the following terms:

You may:

  • Use the Habitual Growth Player on any single computer or mobile device. 

  • Use the Habitual Growth Player on a second computer or mobile device so long as the first and second computers or mobile devices are not used simultaneously; and 

  • Copy the Habitual Growth Player for backup and archival purposes, provided any copy must contain all of the original Habitual Growth Player's proprietary notices. 

 

You may not:

  • Permit other individuals to use the Habitual Growth Player on your computer(s) except under the terms listed above. 

  • Modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), or create derivative works based upon the Habitual Growth Player or Habitual Growth Player documentation ("Documentation"). 

  • Copy the Habitual Growth Player or Documentation (except for back-up purposes); 

  • Resell, rent, lease, transfer, or otherwise transfer rights to the Habitual Growth Player or Documentation; or 

  • Remove any proprietary notices or labels on the Habitual Growth Player or documentation. 

 

This license does not grant you any right to any enhancement or update or any right to grant sublicenses to the Habitual Growth Player. 

Title, ownership rights, and intellectual property rights in and to the Habitual Growth Player and Documentation shall remain with Habitual Growth. The Habitual Growth Player is protected by the copyright laws of the United States. Title, ownership rights, and intellectual property rights in and to the Content accessed through the Habitual Growth Player, including any Content contained in the Habitual Growth Player media demonstration files, are the property of the applicable content owner and are protected by applicable copyright or other law. This license gives you no rights to publish, disseminate, or otherwise use such content. 

15.0 Disclaimer of Warranty 

THE HABITUAL GROWTH PLAYER, MOBILE APPLICATION, AND SUPPORTING DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HABITUAL GROWTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

THE HABITUAL GROWTH PLAYER AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HABITUAL GROWTH FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE HABITUAL GROWTH PLAYER AND DOCUMENTATION REMAINS WITH YOU. AS MUCH AS THE LAW ALLOWS, HABITUAL GROWTH AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTIONS, OR ANY OTHER FINANCIAL LOSSES THAT MAY HAPPEN FROM USING OR NOT BEING ABLE TO USE THE PRODUCT, EVEN IF THEY WERE WARNED THAT SUCH DAMAGES COULD OCCUR. Some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 

16.0 Habitual Growth Content Policies  

Habitual Growth enables creators of content to submit content to the Habitual Growth Service in accordance with the agency options set forth below. Under no circumstances shall the following be submitted to the Habitual Growth Service:

  • Content or material that was created by a person other than you or subject to copyright by a person other than you, without that person's express written authorization. 

  • Content or material which includes, in whole or in part, audio, video, text, or images that are subject to copyright by another person unless such inclusion is If the copyright holder expressly authorizes it, it must adhere to applicable laws concerning fair use by the copyright holder. 

  • Content or material that is subject to any third-party contractual provisions or limitations, including but not limited to license restrictions. 

  • Content or material that displays the trademarks of another person without that person's authorization, subject to applicable laws concerning fair use. 

  • Pornographic, obscene, or adult or sexual content or material is prohibited. 

  • Content or material that is grossly offensive to the online community, including but not limited racism, antisemitism, and hatred; 

  • Content or material that promotes, supports, or incites violence or unlawful acts is prohibited. 

  • Content or material that promotes, supports or incites individuals and/or groups which engage in violence or unlawful acts, including but not limited to Antifa groups and persons affiliated with Antifa, the KKK, and white supremacist groups and/or persons affiliated with these groups; and/or 

  • Promotes or supports entities and persons designated by the United States government as terrorists or terrorist organizations. 

  • Content or material that exploits children under the age of 18 or post or discloses any personally identifying information about any person at any age, including but not limited to personally identifying information about children under the age of 18; 

  • Content or material promoting or providing instructional information about illegal activities or promoting harm or injury to any group or individual or cruelty to animals, including, but not limited to:

  • Disseminating personal information about another individual for malevolent purposes, including libel, slander, "doxxing," defamation, or violation of an individual's right to privacy. 

  • Infringing or encroaching on the rights of others, such as privacy infringement, publicity rights violation, and reputation damage, constitutes content or material. 

  • Any content or material that contains links to another website where any of the above-described prohibited content or material is accessible. 

  • Any other content or material that Habitual Growth, in its sole, unfettered, and arbitrary discretion, determines is undesirable on the Habitual Growth Service. 

 

Habitual Growth has the sole discretion to decide whether content or material is permitted on the Habitual Growth Service, and any materials submitted to the Habitual Growth Service may be, but are not necessarily, examined by Habitual Growth before they are made available on the Habitual Growth Service. You acknowledge that Habitual Growth has the absolute right (but not the obligation) to prohibit, refuse, delete, move, and edit content and material for any reason, in any manner, at any time, without notice to you. 

You should also know that in visiting the Habitual Growth Site or viewing Content via the Habitual Growth Player or otherwise, you may be exposed to materials that you consider to be offensive or inappropriate, and you assume the risk and sole responsibility for your exposure to any such Content or material. 

To report content that violates our policies, please email info@habitualgrowth.com. 

17.0 Copyright Infringement Reports  

To report infringement, email info@habitualGrowth.com with:

  1. Proof of ownership   

  2. URL of infringing material   

  3. Statement of good-faith belief   

Repeat infringers will have accounts terminated. 

Habitual Growth will remove infringing content and comply with DMCA takedown procedures. 

18.0 Complaint Procedure 

To report content you believe violates Habitual Growth's policies, email info@habitualgrowth.com. Please use the word "CONTENT" in the subject line and include the following information in your email:

  • Your name, email address, and user ID. 

  • The basis of your complaint (provide as much detail as possible). 

  • If your complaint concerns the activities of other users/visitors on the Habitual Growth Site, identify the specific type of inappropriate or offensive behavior engaged in and, insofar as possible, the identity of the offending person. 

  • If your complaint concerns particular content, please provide the URL for the video that is the subject of your complaint, timestamps within the video where the alleged violative content appears, and the reason for your complaint. 

  • A Habitual Growth representative may respond to your email, and if, in Habitual Growth's determination, your complaint is a valid one, Habitual Growth will take appropriate actions in its sole discretion and has no responsibility to at any time report to you as to the status or outcome of its investigation or any actions Habitual Growth has taken as a result. 

 

19.0 Agency Agreement  

If you are a creator of content submitted to the Habitual Growth Service through your Habitual Growth account, the relationship between you and Habitual Growth is one of principal and agent ("Agency") and is subject to the terms and conditions set out herein, which specifically govern this relationship (the "Agency Agreement"). 

 

Appointment of Agent. You, as the principal (the "Principal" or "you"), may submit video content to be published and managed by Habitual Growth as your agent ("Agent") for the purposes of same. By submitting Content to Habitual Growth and by Habitual Growth accepting such Content on the Habitual Growth Service pursuant to either Agency Option "A" or Agency Option "B," as defined below, you are appointing and do hereby appoint Habitual Growth as your exclusive, worldwide, perpetual Agent for such Content and grant Habitual Growth the exclusive right to distribute, display, reproduce, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any kind of display device, worldwide, for the duration of the "Term of Agency," as defined below (the "Agency Rights"). As discussed in more detail below, the Agency Rights will also include Habitual Growth's right to bring suit in its own name as plaintiff for infringement or other inappropriate or illegal use of the Content and to seek in such suit all damages or other relief available under law and equity to which you and/or Habitual Growth are entitled. By appointing Habitual Growth as your agent and granting Habitual Growth the agency rights, you agree that you shall not distribute, display, reproduce, license, rent, sell, monetize, or otherwise exploit the content in any medium or on any type of display device worldwide for the duration of the agency term, as defined below. The Agency Term means a 50 (fifty)-year period commencing as of the date you enter into this Agreement. The Agency Term shall automatically renew for additional consecutive renewal terms of 50 (fifty) years each, unless either party gives written notice of its intent not to renew the Agency Term ninety (90) days prior to the expiration of the then expiring Agency Term. 

 

There are four (4) types of "Agency Option(s)" offered and governed by this Agreement, as described below, namely, Agency Option "A," Agency Option "B," Agency Option "C," and Agency Option "D." You must select a single Agency Option during the content submission process, and that selected option cannot thereafter be changed without Habitual Growth's express written permission. If you select either of the options "A" or "B," you cannot remove the video or other materials from the Habitual Growth Player for the duration of our agency agreement. 

 

Video and Material Management Option (Option "A") 

You will receive all net earnings, less an agency fee equal to 40%, collected in relation to your content. 

 

Video and Material Management (Excluding YouTube) Option ("Option B") 

You will receive all net earnings, less an agency fee equal to 40%, collected in relation to your content. Habitual Growth shall not publish your content to any other platform, and publication of your content shall be limited to all media and channels. 

 

Habitual Growth Only Option (Option "C") 

Habitual Growth will publish your content through the Habitual Growth Player and will act as your agent only in respect of publication via this channel. All other media and channels are specifically excluded from Habitual Growth's Agency. 

 

You will receive all net earnings collected in relation to publication of your content on the Habitual Growth Player less an agency fee equal to 40%. If you select this option, and notwithstanding any provision in this agreement to the contrary, you shall be entitled to remove content with the sole permission of the company. 

 

Personal Use Option (Option "D") 

Habitual Growth shall only publish your content on Habitual Growth's Video Player or Habitual Growth-owned websites. 

 

Habitual Growth shall not monetize your content. No net earnings will be payable to you, and no agency fees shall be charged. If you select this option, and notwithstanding any provision in this agreement to the contrary, you shall be entitled to remove content from the Habitual Growth Player at any time. 

 

Unless otherwise defined through email notification to info@habitualgrowth.com, all users and submissions will be assumed to select Option A in the Agency Agreement. Note: net earnings are deemed to be and calculated solely from plans or challenges sold (free challenges are excluded) through Habitual Growth Services. Monthly subscriptions of users that may engage with and join challenges related to user submissions are excluded from net earnings and agency payments. See the “Collection of Earnings” section below for further detail.

 

20.0 Terms Applicable to Habitual Growth’s Custom Video Player Service  

If you choose to sign up for Habitual Growth's Subscription Service (the "HG Subscription Service" or "HG Subscription") or join a trial of the HG Subscription, the following specific rules will apply along with all other relevant terms from the Terms of Use on the Habitual Growth Site, Player, and Mobile Application. 

Selection of an HG Subscription 

By selecting an HG Subscription as offered by Habitual Growth from time to time, the terms, features, and pricing of your selected HG Subscription will be as described during the HG Subscription selection procedure through the Habitual Growth Site (the "HG Features and Pricing"). All HG subscription terms are monthly or annual and are automatically renewed for successive months until terminated. 

Habitual Growth reserves the right to change any terms, features, or pricing of HG Subscriptions at any time, with all such changes having effect upon thirty (30) days' notice or as otherwise notified to you by Habitual Growth. 

Payment 

By selecting an HG Subscription, you are agreeing to pay the associated fees (the "HG Subscription Fee") for the HG Subscription and hereby authorize Habitual Growth to charge or debit your agreed payment method on a monthly basis for the HG Subscription Fee and any other applicable charges. All HG subscription fees are payable in advance and charged monthly, subject to the upgraded plan provisions set out below. 

Refunds and Cancellation 

No refunds are available in respect of any fees to Habitual Growth. In order to cancel your subscription, you may unsubscribe at any time through your mobile application on iOS and Android devices through your associated App Store and Play Store accounts. Habitual Growth does not control subscriptions directly.

Upgrading a Subscription on Your Own 

If you decide on your own to upgrade your HG Subscription to an Upgraded Plan that provides additional functionality and features, you may do so via the Habitual Growth dashboard available on the Habitual Growth Site or mobile device, where applicable. By selecting an upgraded plan as described in the HG Features and Pricing, you acknowledge that the selected upgraded plan will commence immediately, thereby constituting a new subscription start date, and your subscription anniversary date will be adjusted accordingly.

Free Trials 

Habitual Growth may from time to time offer a "free trial" of an HG subscription pursuant to the description of any such "free trial" on the Habitual Growth site or through various partners or affiliates. You understand and agree that all free trials last a maximum of 30 days unless Habitual Growth says otherwise, and they will automatically turn into a paid HG Subscription after the 30 days are up. You also acknowledge that all terms and conditions applicable to free trials shall apply to free trials both before and after the expiry of the initial 30-day free trial period. You hereby authorize Habitual Growth to charge or debit your agreed payment method on a monthly basis for the applicable HG Subscription Fee commencing as of the expiry of the initial 30-day Free Trial period. 

Payment Methods 

Habitual Growth may from time to time offer certain payment methods in respect of HG Subscription Fees. In the event that a credit card or debit card is permitted as a payment method and the applicable HG Subscription Fees are not chargeable or debitable to such payment method, you acknowledge and agree that if the credit card or debit card does not work, either because of expiry or otherwise, then upon expiry of any paid portion of your HG Subscription period, all HG Subscription services may be deactivated without notice to you. You are solely responsible for ensuring that all permitted payment methods are up-to-date and are able to cover all applicable HG Subscription Fees, including but not limited to all HG Subscription Fees payable for upgraded plans. As of the effective date of this Terms of Service, Habitual Growth relies on the Play Store and App Store for all subscription fees and does not control these separately. However, this may change in the future with advanced notification to all users.

Content and Advertisements for HG Subscription Service 

You acknowledge and agree that when you monetize your content on the Habitual Growth Site or perform activity as a Habitual Growth Publisher, as outlined in the Terms of Use, all provisions applicable to the Habitual Growth Player as otherwise set out in the Terms of Use shall apply. 

In the event that your HG Subscription contains content and/or advertising provided by you, you acknowledge and agree that you are solely responsible and/or liable for all such content and/or advertising and that you indemnify and hold Habitual Growth harmless in accordance with all indemnification provisions otherwise set out in the Terms of Use. 

 

21.0 Publishing and Distribution of Content via the Habitual Growth Service  

Habitual Growth may, but is not obligated to, have your content published and displayed through its platform, its website, various optional media channels, and the Habitual Growth Service, in its sole commercial discretion based upon the agency option that you select. Habitual Growth reserves the right to decline or reject any content submitted to the Habitual Growth Service. 

 

22.0 Intellectual Property 

You affirm, represent, and warrant that you have the legal right to submit the Content to the Habitual Growth Service, that you have all necessary rights and authority to appoint Habitual Growth as your agent in accordance with the selected agency option as described herein, and that you are legally entitled to enter into the agency agreement. 

You further represent and warrant that any content submitted does not contain third-party copyrighted material or material that is subject to other third-party proprietary, intellectual property, or contractual rights or interests, unless you have express written permission from the rights holder of the content to enter into this agreement. In the event you claim to have been granted such rights from a third party, you agree to furnish evidence of same in writing forthwith upon request by Habitual Growth. You are required to obtain such written permission before submitting such content to the Habitual Growth Service. Such written permission must not be limited in any way, shall be exclusive, and shall remain in effect for the duration of this Agreement. 

Any infringement or other violation of a third party's rights with respect to the content submitted by you to the Habitual Growth Service and which has been identified as such by Habitual Growth or by a third party may immediately and without notice to you result in the removal of such content. It is Habitual Growth's strict policy to comply with all applicable intellectual property laws and regulations of which it is aware. You hereby agree to defend, indemnify, and hold harmless Habitual Growth, its agents, employees, contractors, directors, officers, and shareholders as to any allegations, demands, claims, investigations, or disputes arising from your submission of content to Habitual Growth and/or monetization of your content, insofar as it relates to any infringement or violation of the intellectual property rights, proprietary rights, contractual rights, or other rights of a third party. 

You acknowledge and agree that except for the Assignment Option discussed below, this Agreement does not assign ownership of any copyright for or in the Content to Habitual Growth, and that all payments made to you pursuant to this Agreement are amounts earned by you from the monetization of your Content, less expenses and Habitual Growth's Agency Fees (as defined below), and are not royalties or license fees. If you receive payments from Habitual Growth as the person authorized by the creator or rightsholder to retain Habitual Growth as agent, you indemnify and hold harmless Habitual Growth from and against any claim by the creator or rightsholder in respect of your receipt of such payments and in respect of Habitual Growth's agency. 

The use of content or materials for purposes not expressly permitted is prohibited. 

Monetization and Rights Applicable Under Options "A" and "B" 

In the case where you have chosen either Option "A" or Option "B" ”in order to monetize your Content, Habitual Growth may, in its sole unfettered commercial discretion, on your behalf, grant, sell, and enter into license(s) (as defined below) to the Content with you being the licensor, subject to Habitual Growth being your attorney in fact for effecting such license(s) with the licensee, as defined below, and you further authorize such licensee to use such licensed Content in any media for any purpose, including but not limited to use in advertising, promotion, marketing, and packaging for any product or service worldwide. For the purposes of this paragraph, a "license" means any contractual arrangement arranged between Habitual Growth as your sole and exclusive agent and a third party (a "licensee") in respect of the licensee's use of your content.

In the event that Habitual Growth desires, in its sole discretion, to enter into a license for your content only and/or to include content from other creators with your content in a single license, you hereby authorize and grant to Habitual Growth the actual authority, permission, and right: i) to do so; ii) to do so without seeking your further consent and without providing notice to you; and iii) to do so in its name.

In that event, Habitual Growth, acting as your agent, will be listed as the sole nominative "licensor" in that license. You (and any other creator whose content is included in the license) will each be an undisclosed principal in that license. It is further understood and agreed that you (and any other content creator whose content is included in the license) are each the real party-in-interest licensor, and to the extent any compensation or other consideration is paid by the licensee, it will not be deemed licensee fees or royalties to Habitual Growth. You also hereby grant to Habitual Growth the actual authority, permission, and right at its discretion to disclose or not to disclose your name as a real-party-in-interest licensor.

You also hereby grant to Habitual Growth the actual authority, permission, and right to prosecute in its own name any claims against the other party to the License or to defend claims asserted by the other party to the License ("Litigation") without seeking further consent from you or providing notice to you. Habitual Growth will control all aspects of the litigation, will be responsible for all costs and attorneys' fees, and will be entitled to seek, recover, and retain any damages or other compensation, consideration, or other relief or recovery from the other party to the license in the litigation, without providing any notice or accounting to you. Habitual Growth will defend and indemnify you with respect to any claims made against you by the other party to any license entered into by Habitual Growth in which you are an undisclosed principal as to any asserted breach by you of the license unless you are alleged to have committed the act or acts that are alleged to constitute the breach. In that instance, Habitual Growth reserves the right to demand that you defend and indemnify it as to such claims, which you hereby agree to do. 

In the case where you have chosen either Option "A" or Option "B" ”by submitting Content to Habitual Growth, you are irrevocably agreeing to appoint Habitual Growth as your sole, worldwide, exclusive, and perpetual agent with respect to the Content and all rights pertaining thereto, including, without limitation, all rights enumerated in United States Code, Title 17, § 106, and you herein authorize and grant Habitual Growth the exclusive authority to make all decisions and take all actions Habitual Growth deems reasonably appropriate with respect to the management and commercial and non-commercial monetization of the Content under the terms of this Agreement. 

You specifically authorize Habitual Growth as your agent to combine the content with other images, text, graphics, files, audio, and audio-visual works and alter, modify, and crop the content at Habitual Growth's sole discretion, and hereby waive any reservation of moral rights in and to the content. 

In the case where you have chosen either Option "A" or Option "B" as your agent in respect of the content, Habitual Growth may choose, in its exclusive and absolute unfettered and/or arbitrary commercial discretion, to register copyrights in any jurisdiction or jurisdictions worldwide on your behalf, with you (or the party that has expressly provided you with authorization to enter this agreement and is the rightsholder) listed as the copyright claimant, author, or similar, and to record Habitual Growth as your sole and exclusive agent therein for the purposes of administering all rights and permissions thereto.

Habitual Growth shall not be liable to you or any third party for any delay or defect in its attempt to register the copyright in any content, or if Habitual Growth does not attempt to register such copyright. 

In the case where you have chosen either Option "A" or Option "B", as your Agent in respect of the Content, Habitual Growth may choose in its exclusive and absolute unfettered and arbitrary commercial discretion to pursue any legal remedies available in order to, as your Agent, assert or enforce your (or if you are entering into this Agreement under authority of a third party rights holder, that third party's) copyright or other intellectual property rights in and to the Content, including but not limited to making a claim or commencing legal proceedings with respect to all payments owing to you by third parties with respect to infringement of the Content, and you agree to fully cooperate in same (or if you are entering into this Agreement under authority of a third party rights holder, you agree to procure the cooperation of such third party).  

Notwithstanding the foregoing, you acknowledge and agree that Habitual Growth shall at no time and in no manner be obliged to make any efforts as your agent pursuant to this provision. You hereby appoint Habitual Growth as your (or if you are entering into this Agreement under the authority of a third-party rights holder, that third party's) attorney-in-fact for executing any instrument or document or taking any step in furtherance of the rights granted herein. 

Where Habitual Growth as Agent takes steps to enforce the copyright in your Content or breach of a license agreement on your behalf as Principal, or where the law allows Habitual Growth (as an agent having a pecuniary interest in the subject matter and outcome of the suit) to file suit in its own name as your agent, whether directly by way of the Assignment Option, as defined below, or otherwise, Habitual Growth shall have sole control and decision-making power over any demand, claim, proceeding, or settlement. If required by applicable law that you be a named plaintiff in any such enforcement action relating to your content, you hereby consent to be so named. In that instance, Habitual Growth will continue to have sole control of the action as described above and will continue to pay all fees and costs incurred in that action, and you agree to cooperate with Habitual Growth with respect to such action. 

It is understood and agreed that any C-suite officer (CEO, COO, CTO, CFO) of Habitual Growth may execute documents pursuant to, and exercise for Habitual Growth, any power of attorney you have granted to Habitual Growth herein. 

Recovery Through Copyright Enforcement 

You, or if you are entering into this Agreement under the authority of a third-party rightsholder, that third party, shall not issue any demand or commence any claim or proceedings to enforce any rights in any content submitted to Habitual Growth under Agency Option "A" or Agency Option "B" ”except with Habitual Growth's express authorization, which may be denied in the event that Habitual Growth elects to assume carriage and control of such enforcement measures, and in such event, Habitual Growth shall indemnify and hold you (or the applicable third-party rightsholder) harmless from and against any damages, legal fees, and costs directly attributable to such enforcement measures. If, however, Habitual Growth authorizes you to take enforcement action, then you will be solely responsible for all fees, costs, damages, or other expenses in that action. 

Recovery by Habitual Growth as Agent 

In the event that any claim or demand is made by Habitual Growth or if legal proceedings are commenced by Habitual Growth on your behalf and in your name as your Agent (as opposed to Habitual Growth being the copyright owner pursuant to the Assignment Option as set out below) and such claim, demand, or proceeding results in a payment from a third party to Habitual Growth, Habitual Growth shall be entitled to deduct from such proceeds: a) all associated legal fees and expenses incurred or payable by Habitual Growth; and b) if the payment amount exceeds the subsection (a) amount by at least USD $500.00, a management and enforcement fee equal to the remainder of the proceeds less the sum of USD $500.00, meaning that the maximum that you can receive in such event is USD $500.00. 

23.0 Habitual Growth’s Option to Acquire Content Copyright Via Assignment Under Option “A” or Option “B” 

Notwithstanding any provision in this Agreement to the contrary, in the case where you have chosen either Option "A" or Option "B" only, if Habitual Growth determines that it requires your copyright to be assigned to Habitual Growth along with all related claims and causes of action (collectively, "Copyrights"), so as to enable Habitual Growth to have standing to enforce the Copyrights against a third party, then Habitual Growth shall have the option at any time, in consideration of the Copyright Assignment Fee (as defined below) to cause and consummate such assignment of Copyrights to Habitual Growth, and this Agreement shall be your written instrument effecting same (the "Assignment Option"). Alternatively, if you are entering into this Agreement under the authority of a third-party rightsholder as may be permitted herein, you represent and warrant that you have the authority herein to agree to same on behalf of such third-party rightsholder. 

If you have chosen either Option "A" or Option "B" only, you hereby appoint Habitual Growth as your attorney-in-fact as to any such assignment and grant to Habitual Growth the actual authority, right, and permission, as your attorney-in-fact, to execute a separate assignment document in the following form:

"For value received, the sufficiency of which is acknowledged, [your name], an individual residing in the state of [your state of residence] ("Assignor"), hereby assigns all copyright in [description of the Content being assigned] (the "Content") to Habitual Growth, Inc. ("Assignee"). Assignor represents and warrants that a copyright exists in the Content, that Assignor owns all right, title, and interest in and to that copyright, that the copyright has not been previously assigned or licensed, that Assignor has the right to assign the copyright in the Content to Assignee, that there is no dispute or potential dispute of which Assignor is aware regarding the copyright in the Content or Assignor's ownership thereof and right to assign to Assignor, and that Assignee may hereafter register the copyright in Assignee's name. This assignment includes assigning to the assignee the sole right to seek, recover, and retain any and all damages (and related forms of recovery and relief) for past, present, and future infringement of the assigned copyright, without notice or accounting to the assignor. 

Executed this __ day of ___________, 20__, at Denver, Colorado, United States. 

By: _________________________________ Name: ___________________________

Title: Habitual Growth ___________________ Attorney in Fact for [your name]. 

 

In the case where you have chosen either Option "A" or Option "B"” and if Habitual Growth so requests, you shall cooperate in executing any additional instruments or assignments of copyrights (and related claims) reasonably required to give effect to the assignment, transfer, and enforcement of the copyrights in the content (or if you are entering into this agreement under the authority of a third-party rights holder, you agree to procure the cooperation of such third party). In the case where you have chosen either Option "A" or Option "B"” you hereby appoint Habitual Growth as your (or if you are entering into this Agreement under the authority of a third-party rights holder, that third party's) attorney-in-fact for executing on your or their behalf any instrument or assignment reasonably required to give effect to this provision and to effect the assignment and transfer of copyrights. 

The Copyright Assignment The fee payable by Habitual Growth to you shall be the combination of the maximum publicly available licensing fee for your content as displayed in the Habitual Growth catalogue, to a maximum of USD $200, and an additional USD $200.00 in consideration of the assignment. Upon assignment of copyright in accordance with these provisions, all right, title, interest, and goodwill, together with the right to pursue and collect damages for all past, present, and future claims and causes of action in relation to enforcing intellectual property rights in and to the Content, including but not limited to Habitual Growth's exclusive right to seek, recover, and retain all past, present, and future damages, attorneys' fees, enhanced or punitive damages, license fees, and/or royalties related to the Content, shall be transferred to Habitual Growth. 

You may not assign any of your rights or obligations under these Terms without Habitual Growth’s prior written consent. Habitual Growth may assign its rights at its discretion. 

24.0 Collection of Earnings 

As Agent, Habitual Growth is authorized to collect any applicable earnings derived from the publication, licensing, display, and/or other use (collectively, the "Use") of your Content on your behalf pursuant to this Agreement, and to remit to you on a monthly basis the Net Earnings less Agency fees ("Agency Fees"). The term "Net Earnings" is defined below, and the calculation of the amounts of Net Earnings is determined by the option you select below (see description of Agency Options above). 

As used herein, "Net Earnings" means the aggregate cash amounts actually collected on your behalf by Habitual Growth as a result of the use of your content pursuant to this agreement, less any amounts due to a Habitual Growth Partner/Syndication Partner or other hosting costs, taxes, defensive litigation costs, exchange rates, and any other direct costs. The calculation of "Net Earnings" will be performed in accordance with Habitual Growth's standard accounting practices. 

All payments to you of net earnings less agency fees will normally be remitted to you sixty (60) days after Habitual Growth receives payment on your behalf from third parties for the use of your content. 

The first month for which payment is to be made shall (a) begin on the first day of the month following the month of execution of this Agreement and (b) include the portion of the month of execution following the Effective Date (unless this Agreement was executed on the first day of a month, in which case the month shall be deemed to begin on the first day of such month). 

Under certain circumstances, third parties may make payments to Habitual Growth that do not associate earnings with the use of specific content. In this event, Habitual Growth will make commercially reasonable efforts to identify the earnings due to you for the use of your content. If, after 24 months from the date of payment by a third party, Habitual Growth has not been able to identify earnings for the use of specific content, Habitual Growth reserves the right to retain all such payments. 

25.0 Earning Payment Reductions/Set-Offs  

Payments are subject to being reduced to offset bad debts, refunds, and other chargebacks relating to the use of your content within ninety (90) days of the payment to which the bad debt, chargeback, or fund relates. 

26.0 Liability 

Habitual Growth does not in any way endorse any content submitted, including any opinion, recommendation, claim, advice, or position expressed therein, and Habitual Growth expressly disclaims all liability in connection with the content and its publication. For the purposes of the Digital Millennium Copyright Act or similar legislation or regulations, all Content is considered user-generated content, and Habitual Growth's capacity as Agent is not Content owned by Habitual Growth (unless expressly assigned to Habitual Growth under the terms of this Agreement) or uploaded by Habitual Growth. 

In order to submit content to Habitual Growth, you acknowledge that you are solely responsible for what is submitted and indemnify and hold Habitual Growth harmless from any and all claims arising from a breach of your representations, warranties, and covenants as set out in this agreement, and also indemnify and hold Habitual Growth harmless from and against all third-party claims with respect to the content and acting as agent in respect of the content. 

27.0 Procedure of Reporting Violations of Rights of Privacy or Publicity 

If you believe that your private rights or publicity rights have been violated by information or material that is accessible on the Habitual Growth site, you may notify Habitual Growth. Please email us at info@HabitualGrowth.com so we can investigate the matter further. 
 
28.0 Mobile Applications and In-App Purchases  

USE OF THE HABITUAL GROWTH PLAYER IS SUBJECT TO THESE TERMS AND ANY ADDITIONAL MOBILE-SPECIFIC CONDITIONS. 

  • AVAILABILITY DEPENDS ON APPLE APP STORE/GOOGLE PLAY STORE 

  • SUBJECT TO STORE TERMS AND CONDITIONS 

  • IN-APP PURCHASES PROCESSED THROUGH STORES (HABITUAL GROWTH, NOT A PARTY) 

  • APPLE-SPECIFIC TERMS:

  • TERMS ARE BETWEEN YOU AND HABITUAL GROWTH ONLY. 

  • APPLE BEARS NO WARRANTY RESPONSIBILITY. 

  • CLAIMS MUST BE RESOLVED DIRECTLY WITH HABITUAL GROWTH. 

  • APPLE IS THIRD-PARTY BENEFICIARY TO THESE TERMS. 

 

29.0 Changes to Services  
 
HABITUAL GROWTH RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE HABITUAL GROWTH SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE. 

 

  • SUSPEND OR DISCONTINUE ANY PART OF THE SERVICES 

  • INTRODUCE NEW FEATURES OR IMPOSE LIMITS ON FEATURES 

  • RESTRICT ACCESS TO PARTS OR ALL OF THE SERVICES 

  • REMOVE ANY CONTENT AT ANY TIME FOR ANY REASON 

  • USE OF THE HABITUAL GROWTH PLAYER IS SUBJECT TO THESE TERMS AND ANY ADDITIONAL MOBILE-SPECIFIC CONDITIONS. 

 

30.0 Disclaimer of Warranties 

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HABITUAL GROWTH, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 

31.0 Mental and Physical Health Disclaimers 

HABITUAL GROWTH IS NOT A HEALTHCARE PROVIDER. THE SERVICES SHOULD NOT BE CONSIDERED MEDICAL ADVICE. CONSULT YOUR HEALTHCARE PROFESSIONAL BEFORE USING THE SERVICES FOR WELLNESS PURPOSES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING ACCESSED THROUGH OUR SERVICES. YOU PARTICIPATE IN ANY PHYSICAL OR MENTAL ACTIVITIES SUGGESTED THROUGH THE SERVICES AT YOUR OWN RISK. 

THE HABITUAL GROWTH SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, MENTAL, OR HEALTHCARE ADVICE. USE AT YOUR OWN RISK. 

32.0 Limitation of Liability 

UNDER NO CIRCUMSTANCES SHALL HABITUAL GROWTH, ITS SUBSIDIARIES, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HABITUALGROWTH.COM OR ITS MOBILE APPLICATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HABITUAL GROWTH'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HABITUAL GROWTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE HABITUAL GROWTH SERVICE, EVEN IF HABITUAL GROWTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE FULLEST EXTENT PERMITTED BY LAW, HABITUAL GROWTH IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE HABITUAL GROWTH SERVICE. 

 

33.0 Indemnification 

You agree to indemnify and hold Habitual Growth, and its parent, subsidiaries, and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to, or transmit through this site, and your connection to and use of this Site. Habitual Growth reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Habitual Growth in asserting any available defenses. 
 
You agree to indemnify, defend, and hold harmless Habitual Growth, its affiliates, licensors, and service providers, and each of their officers, directors, employees, agents, and representatives, from any claims arising out of your use of the Habitual Growth Service. 

You agree to indemnify Habitual Growth against claims arising from your use of the Habitual Growth Service or violation of these Terms. 

34.0 International Use 

Habitual Growth makes no representation that materials on this Site or accessible via the Habitual Growth Service or mobile application are appropriate or available for use in any locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site, mobile application, or the Habitual Growth Service from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use the Habitual Growth Service in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Habitual Growth shall not have any liability with respect to such use. 

Users outside the U.S. are responsible for compliance with local laws when using the Habitual Growth Service. 

35.0 Choice of Law and Forum 

These Terms are governed by U.S. federal law. Disputes shall be resolved in U.S. federal courts. 

These Terms of Use and the Agency Agreement shall be governed by and construed in accordance with the federal laws of the United States or, at Habitual Growth's discretion, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Agency Agreement, or your use of the Habitual Growth Services shall lie only in the United States Federal District Court or, at Habitual Growth's discretion, for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 
 
36.0 Arbitration Agreement 

  • DISPUTES RESOLVED THROUGH BINDING ARBITRATION (JAMS RULES) 

  • ARBITRATION IN DENVER COUNTY, COLORADO 

  • NO CLASS ACTIONS OR CLASS ARBITRATIONS 

  • OPT-OUT WITHIN 30 DAYS OF SIGNUP BY EMAILING INFO@HABITUALGROWTH.COM 

  • HABITUAL GROWTH PAYS ARBITRATION FEES FOR CLAIMS <$5,000 

  • ANY DISPUTES ARISING FROM THESE TERMS SHALL BE RESOLVED THROUGH BINDING ARBITRATION, AS DETAILED IN YOUR ORIGINAL DOCUMENT. 

37.0 Severability and Integration 

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Habitual Growth with respect to this site and mobile application and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Habitual Growth with respect to the Habitual Growth Service or the Agency Agreement. If any part of these Terms of Use or Agency Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. Or if that portion is not susceptible to such construction, it shall be replaced with a provision that is consistent with applicable law and which reflects, as nearly as possible, the original intentions of the parties. In either event, the remaining portions remain in full force and effect. 

38.0 Termination 

Habitual Growth reserves the right, in its sole discretion, to terminate your access to the Habitual Growth Service, with or without notice, for any reason, including, without limitation, if Habitual Growth believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Agency Agreement. This includes Habitual Growth's right to terminate your ability to upload videos, post comments, collect revenue, or use any function available via the Habitual Growth website, mobile application, or other available service or partner. 

Habitual Growth has a zero tolerance policy for any violation of content policies and/or conduct outlined in these terms, especially, but not limited to, copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of Habitual Growth. 

You acknowledge and agree that Habitual Growth shall not be liable to you or any third party for any termination or suspension of your access to Habitual Growth Services. 

Habitual Growth may terminate your access to the Habitual Growth Service for violation of these Terms. 

 

39.0 Consideration and Agreement 

Your use of the Habitual Growth Service constitutes acceptance of these Terms and forms a binding contract. 

You agree:

  • That there is legally sufficient consideration for this Agreement and for the rights granted and obligations undertaken by the parties herein;  

  • that this Agreement is a legally binding contract between you and Habitual Growth;  

  • that you are entering into this Agreement knowingly and willingly, and  

  • that your submission of this Agency Agreement to Habitual Growth electronically constitutes your electronic agreement, such that this Agency Agreement becomes binding upon submission. 

Previous versions of our Terms of Service: