Service Packages
30-Day Money-Back-Guarantee
- Refund Policy
Terms of Service
- Anti Spam Policy
- Store Terms and Conditions
Web Privacy Policy
Copyrights
Trademarks and Intellectual Property
- Trademark Usage Guidelines
- Copy Trademark Guidelines

Service Packages

Updated February 2012
AUTOHABITS’ SERVICE PACKAGES (include combined purchase of AutoHabits Service Plan and AutoHabits’ Device)

AUTOHABITS’ DEVICE:

The AutoHabits’ Device will not work without a paid service subscription to an AutoHabits Service Plan. These Service Plans are noted below and one must be selected at time of purchase.

Must select ONE of the following Service Plans:

MONTHLY SERVICE PLAN

No Service Contract is required.
A charge of $19.95 is advance billed to credit card on file for full AutoHabits monitoring services each month.
AutoHabits Monthly Service can be suspended and resumed at any time without penalty by notifying AutoHabits Customer Care.
The AutoHabits’ Device will not work without a paid subscription to an AutoHabits Monthly Service Plan.
The AutoHabits Device has a 30-day Money-Back Guarantee. The Money Back Guarantee applies to initial activations if canceled within 30 days and the AutoHabits Device is returned for a full refund.
Subject to full Terms and Conditions for AutoHabits Payment Plans.

12-MONTH SERVICE PLAN

Includes one (1) year prepaid of AutoHabits Service.
No refunds or cancellations, except as permitted under 30-Day Money Back Guarantee. Money Back Guarantee applies to initial activations only if canceled within 30 days and AutoHabits’ Device is returned for a full refund.
After one year, your service plan will convert to the Monthly Plan which is currently $19.95 per month charged to credit card on file, and cancellable anytime. Subject to change.
The AutoHabits’ Device will not work without a paid subscription to the AutoHabits service.
Subject to Early Termination Fee. See full Terms and Conditions for AutoHabits Payment Plans.

30-Day Money-Back-Guarantee

Refund Policy

Try our AutoHabits service, risk free, for 30 days! If you don’t absolutely love it, we’ll give you your money back*. Just call us at 800-979-1701 within 30 days of activating the AutoHabits service to cancel your service subscription if you are not completely satisfied.

(Only initial activations of AutoHabits service are eligible for this offer. Service renewals, payment plan changes, or upgrades are not eligible for this offer. If you cancel your AutoHabits service within the first 30 days under this offer, you are exempt from your AutoHabits 1 year service commitment. No early termination fee will be applied in that event. An AutoHabits’ Device must be purchased with any AutoHabits Service Plan.) *

AutoHabits Packages (combined sales of AutoHabits’ Device and Service)

AutoHabits offers a “30-Day Money-back Guarantee” for AutoHabits Packages as described herein.

Only initial activations of AutoHabits Packages are eligible for this offer. Service renewals, AutoHabits package payment plan changes, and hardware replacements and upgrades are not eligible for this offer. You may cancel your AutoHabits Package within 30 days of activation (which is typically your order shipment date) and return the AutoHabits’ Device(hereinafter referred to as “the hardware device”) to AutoHabits for any reason for a full refund. If you cancel your AutoHabits package within the first 30 days under this offer, you are exempt from your AutoHabits 1 year service subscription commitment. No “Early Termination Fee” will be applied in that event. However, if you fail to return your hardware device received as part of your AutoHabits Package within 15 days of your Cancellation Date, you will be charged a “Non-Returned Equipment Fee” equal to the Manufacturer Suggested Retail Price (MSRP) of the hardware device, including applicable taxes. For details about how to return your hardware device see section “11. Shipping; Exchanges; Returns.” under the “Store Terms and Conditions” policy, or call 1-800-979-1701

The returned hardware device must include all original components, literature, warranties and packaging in the same saleable condition in which it was received. Refunds for returns will cover the hardware device amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. Returns not meeting these requirements may be subject to a restocking fee equaling 15% of the retail value of the hardware device (not including taxes). Damaged merchandise, cosmetically or otherwise, is subject to an increased restocking fee on a case-by-case basis. If an order has shipped, it is the purchaser’s responsibility to accept the shipment and return the order per our return policy. Orders that are refused at the designated shipping address may incur a 15% restocking fee.

Limited Warranty

GPS Vehicle Device Equipment

90 Days Free Labor / One Year Parts Exchange

Who is covered?

You must have proof of purchase to receive warranty service. A sales receipt or other document showing that you purchased the product is considered proof of purchase.

What is covered?

AutoHabits has its GPS Vehicle Device Equipment (“device(s)”) manufactured from parts and components that are new or equivalent to new in accordance with industry-standard practices. AutoHabits warrants that the device will be free from defects in materials and workmanship during the limited warranty period described herein. The limited warranty coverage begins the day you purchase the product as further described in the following text. For 90 days from the purchase date, the device will be replaced with a repaired, renewed or comparable products (whichever is deemed necessary by AutoHabits) if it becomes defective or inoperative. This exchange is done with no charge. You will be responsible for the cost of shipping. From 90 days to 1 year from the date of purchase your device will be replaced with a repaired, renewed, or comparable product (whichever is deemed necessary by AutoHabits) if it becomes defective or inoperative. You will be responsible for all labor and shipping costs (including applicable taxes, if any).[No cost for exchange and free shipping and affected service time] Contact Customer Care at the phone number found on the AutoHabits Contact Us webpage to obtain your cost (labor costs) for exchange.

All products, including replacement products, are covered only for the original warranty period. When the warranty on the original product expires, the warranty on the replacement product also expires. After one year from the date of purchase, you pay for the replacement of all parts, and for all labor and shipping charges (including applicable taxes.)

What is excluded?

Your warranty does not cover:

Any taxes imposed on AutoHabits for units replaced or repaired under this warranty.
Accessory attachments used with the product.
Product replacement because of misuse, accident, lightning damage, unauthorized repair, or other cause not within the control of AutoHabits, LLC Please note that removing the SIM card cover of the device for any reason voids the warranty.
Reception transmission problems caused by signal conditions.
Damages to, or viruses that may infect your device or other device(s) arising from the use of unauthorized third party device(s) in connection with your device.
Incidental or consequential damages resulting from the product. (Some states (or jurisdictions) do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.)
A product that has been modified or adapted to enable it to operate in any country other than the country for which it was designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications.
A product used for commercial or institutional purposes.
Personal communications charges (SMS paging, texting, Internet access), including charges from your mobile communications provider.

Make sure you keep…

Please keep your sales receipt or other document showing proof of purchase. Attach it to this Installation Guide and keep both nearby. Also keep the original box and packing material in case you need to return your product.

Before requesting service…

Please check your Installation Guide before calling Customer Care for support. Following the troubleshooting tips contained therein may save you a call to Customer Care.

To get warranty service…

If you believe you need service for your device, contact Customer Care at the number found on the back of the AutoHabits Installation Guide. A representative will go through a diagnostic checklist with you. If it is determined that the product needs to be exchanged, you will receive a “Return Merchandise Authorization” (RMA) number. The representative will give you complete shipping details.

To get out-of-warranty service…

Out-of-warranty service can be obtained at a nominal cost for replacement and handling. To obtain out-of-warranty service contact Customer Care at the phone number found on the AutoHabits Contact Us webpage to obtain the cost of out-of-warranty exchange for your product.

Remember…

Record the serial number found on the device below:

Serial #
All implied warranties, including warranties of merchantability and fitness for a particular purpose, are limited in duration to the duration of this express warranty. Some states (or jurisdictions) do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state (or jurisdiction to jurisdiction). AutoHabits’ responsibility for malfunctions and defects in Device(s) is limited to repair and replacement as set forth in this limited warranty. All express and implied warranties for the device, including but not limited to any implied warranties of and all conditions of merchantability and fitness for a particular purpose, are limited in duration to the limited warranty period set forth above and no warranties, whether express or implied, will apply after such period. Some states (or jurisdictions) do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. AutoHabits does not accept liability beyond the remedies set forth in this limited warranty or liability for incidental or consequential damages, including any liability for products not being available, liability for use or for lost data or liability for indirect damages or punitive damages, whether or not foreseeable. Some states (or jurisdictions) do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Website Terms of Service

Updated October 2010

This web site (“Site”) is owned, operated and provided to you (“You”) by AutoHabits, LLC. (“AutoHabits”). If You proceed to use the AutoHabits resources located at this Site, You agree to abide by these Terms of Use and to our Privacy Policy . If You do not wish to abide by these Terms of Use (or to the Privacy Policy and any disclaimers posted elsewhere on the AutoHabits Site) then You may not use this Site. AutoHabits may from time to time revise these Terms of Use by updating this posting. You should therefore periodically visit this page to review the current Terms of Use, so You are aware of any such revisions to which You are bound. Your continued use of this Site and the resources enabled by the Site will signify and represent Your acceptance of the current Terms of Use.

Description of Resources

Through this Site, AutoHabits provides You with access to a variety of resources, including service package information, industry information, family conversation tools, online services and remote monitoring features (collectively “Resources”). The Resources, including any updates, enhancements, and new features are subject to the Terms of Use.

Service Configuration

The AutoHabits setup questionnaire and online account management features are intended to allow authorized users (such as purchasers of the AutoHabits Service Package) to program Your AutoHabits’ Device (hereinafter referred to as “hardware device”) through the Internet. You hereby acknowledge that configuration settings entered through this Site or through other Web sites that offer the account configuration and reporting features cannot be completed unless your AutoHabits hardware device is connected to a vehicle and the vehicle is located in a service coverage area, and You have subscribed to the AutoHabits Service Subscription. Service Configuration is dependent upon a number of variables, many of which AutoHabits does not control. AutoHabits does not guarantee that a feature You designate through this Site to report will be reported or that any of the configurations settings or options designated through this Site will be implemented.

Privacy

Please review AutoHabits’ Privacy Policy and Website Privacy Policy located at Policies, which are incorporated herein by reference. When You use the service configuration, You are instructing AutoHabits to record and/or report on a particular service option from the vehicle under the driver’s control. By using the service configuration interface, You are expressly consenting to AutoHabits’ collection of the vehicle and associate driver information. AutoHabits may use and disclose this information consistent with AutoHabits’ Privacy Policy.

Password and Security

If any of the Resources require You to register with AutoHabits, You must complete the setup questionnaire by providing us with current, complete and accurate information as prompted and update any changes through our online account management. You also will choose a user name and a password. You are entirely responsible for maintaining the confidentiality of Your account and password. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You authorize AutoHabits to assume that any person using the Site with Your password and user name either is You or is authorized to act for You. You agree to notify AutoHabits immediately of any unauthorized use of Your account or any other breach of security. AutoHabits will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by AutoHabits or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Third Party Companies and Products

Mention of third party products, companies, and Web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. AutoHabits provides this information only as a convenience to You and AutoHabits makes no representation whatsoever regarding the content of any other Web sites. When You access a non-AutoHabits site, please understand that it is independent from AutoHabits and that AutoHabits has no control over the contents on that Web site. A link out to a non-AutoHabits Web site does not mean that AutoHabits endorses or accepts any responsibility for the content or use of such Web site. AutoHabits makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between You and the vendor.

Personal and Non-Commercial Use Limitation

The contents of this Site, including the text, images, audio and video (collectively referred to herein as “Materials”) and the Resources are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Materials or any information, software, products or features obtained from the Resources.

Notice Specific To Documents Available On This Site

Permission to use Documents (such as white papers, press releases, and FAQs) from the Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Resources is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Any other use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the AutoHabits.com Web site or any other AutoHabits owned, operated, licensed or controlled site. Elements of AutoHabits Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any AutoHabits Web site may be copied or retransmitted unless expressly permitted by AutoHabits.

Trademark Information

“AutoHabits”, “AutoHabits, LLC”, the AutoHabits logo, and “Put Yourself In The Passenger Seat”, “Safely Monitor Your Driver”, the AutoHabits Dashboard Report format and the indicators contained therein are all trademarks and copyrights of AutoHabits, LLC. The absence of a product, or service name, or logo belonging to AutoHabits, LLC., or anywhere in the text of this Site does not constitute a waiver of AutoHabits’ trademark(s) or other intellectual property rights concerning that name or logo. All other products and brand names are trademarks and/or registered trademarks of their respective companies. AutoHabits disclaims any and all rights in these marks.

Our trademarks may not be used (i) to identify products or services that are not AutoHabits’, (ii) in any manner likely to cause confusion, (iii) in or as a part of Your own trademarks, (iv) in a manner that implies that AutoHabits sponsors or endorses Your products or services or (v) in any manner that disparages or discredits AutoHabits.

AutoHabits’ offers co-branding opportunities to certain Promotional Partners, whose logos and copyrights remain the property of those respective companies.

No Unlawful or Prohibited Use

As a condition of Your use of the Site and Resources, You will not use the Site and Resources for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or Resources in any manner that could damage, disable, overburden, or impair any AutoHabits server, or the network(s) connected to any AutoHabits server, or interfere with any other party’s use and enjoyment of the Site or any Resources. You may not attempt to gain unauthorized access to the Site or any Resources, other accounts, computer systems or networks connected to any AutoHabits server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources.

Violations of any of the above, including intellectual property infringement and Site or service security issues, will be investigated by AutoHabits and prosecuted to the fullest extent of the law, whether civil or criminal. AutoHabits may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use.

Indemnity

You agree to defend, indemnify, and hold harmless AutoHabits, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site, the Site Content, or Your violation of these Terms of Use.

Termination

If You violate any of these terms, Your permission to use the Resources enabled by the Site will automatically terminate, and we may end Your authorization to use the Site.

We may terminate Your authorization to use the Site or the account management features at any time. We would likely terminate Your authorization if You do not visit the Site for an extended period of time, or we reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Terms of Use, or violated our rights or those of another party. The termination of Your authorization to use this Site shall not terminate any provisions which, by their nature, are intended to survive termination, including but not limited to provisions relating to indemnification, limitation of liability, and proprietary rights.

AutoHabits Service Terms and Conditions

No functionality is represented or should be expected with respect to AutoHabits hardware device(s) without a paid subscription to the AutoHabits Service. Receipt of AutoHabits Service is subject to the terms of the AutoHabits Service Agreement. The AutoHabits Service is accessed through an Internet connection and is available in most areas. If connecting or communicating via a mobile carrier service, roaming or remote access charges may apply.

Feedback and Information

Any feedback You provide at this Site shall be deemed to be non-confidential. AutoHabits and its affiliates shall be free to use such information for any purpose on an unrestricted basis.

Limitation of Liability

YOU AGREE THAT NEITHER AUTOHABITS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE MATERIALS, OR THE ACCOUNT MANGEMENT FEATURES OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AUTOHABITS IS NOT RESPONSIBLE FOR THE REPORTING OF OR FAILURE TO REPORT ANY FEATURE, OR FOR THE ACCURACY OF ANY FEATURE OR SETTING FROM YOUR AUTOHABITS HARDWARE DEVICE OR ONLINE ACCOUNT.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL AUTOHABITS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Disclaimer

AutoHabits intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by AutoHabits from a variety of sources, AutoHabits does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site. In particular, AutoHabits has no control over the quality, availability, safety, legality, truthfulness or accuracy of any listings or programming information.

THIS SITE IS PROVIDED BY AUTOHABITS ON AN “AS IS” BASIS. AUTOHABITS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE ACCOUNT MANGEMENT FEATURES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR OTHER SITES HYPERLINKED TO THE SITE, OR A USER’S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUTOHABITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FURTHER, AUTOHABITS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE ACCOUNT MANGEMENT FEATURES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT AUTOHABITS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. AUTOHABITS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

Unsolicited Idea Submission Policy

AutoHabits or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when AutoHabits’ advertisements, products or marketing strategies might seem similar to ideas submitted to AutoHabits. If, despite our request that You not send us Your ideas and materials, You still send them, please understand that AutoHabits makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of AutoHabits, LLC.

Applicable Law and Jurisdiction

This Site is created and controlled by AutoHabits, LLC. in the State of Arizona, USA. AutoHabits makes no representation that Materials on the Site are appropriate or available for use in other locations. If You access this Site from another location, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where You reside.

By accessing this Site, You agree that the laws of the State of Arizona will govern all matters relating to this Site, without giving effect to any principles of conflicts of laws.

You also consent to the exclusive jurisdiction and venue of the Superior Court of Arizona in Pima County for state claims and federal claims in all disputes arising out of or relating to the use of this Site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties’ relationship.

General Provisions

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. These Terms of Use are personal to You. You may not transfer, assign or delegate this Terms of Use to anyone without the express written permission of AutoHabits. Any attempt by You to assign, transfer or delegate these Terms of Use without the express written permission of AutoHabits shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use comprise the entire agreement between You and AutoHabits with respect to the use of the Site and supersede all prior agreements between the parties regarding the subject matter contained herein.

Any rights not expressly granted herein are reserved.

BY USING THIS SITE, I REPRESENT THAT I HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS AND CONDITIONS AS STATED ABOVE.

Service Agreement

Updated October 2010

Introduction

Welcome to AutoHabits and the AutoHabits Service! This agreement explains the terms and conditions that will apply to your use of the AutoHabits Service and constitutes a legally binding agreement between you and AutoHabits, LLC. (“AutoHabits”). By using the AutoHabits Service, you agree to all the terms and conditions in this agreement (“Agreement”).

The AutoHabits Service and the Privacy Policy

1. Terms of Service. The AutoHabits logo on your AutoHabits’ Device (your “AutoHabits’ Device”) means that it can receive the AutoHabits service offered and provided by AutoHabits for personal, non-commercial use on a subscription basis. Your activation and continued use of the AutoHabits service is subject to the terms and conditions of this Agreement. AutoHabits may at its discretion change the terms of this Agreement. Such changes are effective upon notification by AutoHabits. We encourage you to check www.AutoHabits.com/policies/#privacy for a copy of the current AutoHabits service agreement. If you are dissatisfied with any changes to this Agreement, you may cancel your use of the AutoHabits service as provided in Section 15 (“Termination of Service”).

2. AutoHabits’ Privacy Policy. You must provide us with accurate and complete information when you activate your AutoHabits service. AutoHabits reserves the right to terminate your account if you give AutoHabits inaccurate or incomplete information. AutoHabits respects the privacy of your User Information (as defined in AutoHabits’ Privacy Policy) and will not disclose any of your User Information except as permitted in AutoHabits’ Privacy Policy. A copy of AutoHabits’ Privacy Policy can always be found via our web site at www.AutoHabits.com/policies/#privacy. Please read it carefully before using the AutoHabits service. By using the AutoHabits service, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options AutoHabits provides to you with regard to your User Information. AutoHabits will notify you of any substantial and material changes to the Privacy Policy and the latest Privacy Policy can always be accessed through our web site at www.AutoHabits.com/policies/#privacy.

3. Note About Privacy and AutoHabits Online Application. Please review AutoHabits’ Privacy Policy located at www.AutoHabits.com/policies/#privacy, which is incorporated herein by reference. Unless you have changed your privacy preferences, when you use the features enabled by the AutoHabits Online application, AutoHabits may collect anonymous information about the use of these features, but that does not identify you as an individual or household. This anonymous information is treated the same as Anonymous Viewing Information under AutoHabits’ Privacy Policy. In other words, there is no personally identifiable information associated with this data that could identify the data as coming from you or your household.

4. We Don’t Control Third-Party Content! The AutoHabits Online Application service gives you the ability to access audio, video, and other media over which AutoHabits exercises no control (“Third Party Content”). You understand that: (a) AutoHabits does not guarantee the access to our website through your preferred internet connection; (b) Third Party Content is not under AutoHabits’ control; (c) Third Party Content providers may restrict or limit the ability to view particular information variety mechanisms; (d) Third Party Content providers may restrict or revoke access to their content at any time; (e) AutoHabits is not responsible for and has no editorial control over any Third Party Content; and (f) AutoHabits has no control over the distribution of such content. You agree that AutoHabits will have no liability to you, or anyone else who uses your account and AutoHabits’ Device, with regard to any Third Party Content.

5. Third Party Content Is Copyrighted. You also understand that the Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. You hereby agree and declare that any and all Third Party Content accessed or transferred using the AutoHabits service or the AutoHabits online application are for personal, non-commercial use and that the AutoHabits service or the AutoHabits online application will not be used for Third Party Content to be copied or displayed before a public audience without authorization from the appropriate rights holder. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights. AutoHabits reserves the right to terminate the accounts of users of any AutoHabits service or software who infringe the copyrights of others. In addition, steps intended to defeat or bypass security measures which are designed to prevent infringement of copyrighted works may be illegal under U.S. law or comparable foreign laws. AutoHabits reserves the right to terminate the AutoHabits service accounts of users who develop or use any method to defeat or bypass such security measures and to take any other necessary or appropriate action to prevent infringement of copyright holders’ rights.

6. Changes to Your AutoHabits Service. AutoHabits may at its discretion and from time to time change, add, or remove features and functionality of the AutoHabits service or the AutoHabits’ Device without notice. If you are dissatisfied with any such changes to the AutoHabits service, you may cancel your use of the AutoHabits service as provided in Section 15 (“Termination of Service”). AutoHabits reserves the right to discontinue one, some, or all of the features of the AutoHabits service you receive at any time at its discretion. AutoHabits may at its discretion discontinue the provision of software updates to certain AutoHabits’ Devices. This means that while other AutoHabits’ Devices may receive continued software updates and functionality; AutoHabits is not required to provide such updates to your AutoHabits’ Device. Additionally, the level of service AutoHabits provides may not be the same on each AutoHabits’ Device; a given AutoHabits’ Device may support different features and functionality, and AutoHabits is under no obligation to provide all features and functionality to your AutoHabits’ Device.

Activating and Using the AutoHabits Service

7. Your AutoHabits’ Device Won’t Work Without the AutoHabits Service! A subscription to the AutoHabits service is required in order for your AutoHabits’ Device to have any functionality. No functionality is represented or should be expected from the AutoHabits’ Device without a paid subscription to the AutoHabits service.

8. Eligible Subscribers. You must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the AutoHabits service only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor’s use of the AutoHabits service.

9. Subscription Fees and Service Commitment. You agree to pay your subscription fee in advance. Your subscription fee will cover the AutoHabits service received via an AutoHabits’ Device authorized by AutoHabits to enable the AutoHabits service. You have a choice of subscription payment options that may change over time. AutoHabits reserves the right to discontinue any subscription payment option at any time without notice. You may switch payment options at the end of each period. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee. If you are signing up for the AutoHabits service under a promotional subscription fee, some additional restrictions may apply. If you have multiple AutoHabits service subscriptions under the same account information, additional terms and conditions may apply. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the AutoHabits service. WITH RESPECT TO ANY NEW 12-MONTH AUTOHABITS SERVICE SUBSCRIPTION ACTIVATED ON OR AFTER JANUARY 1, 2010, YOU AGREE TO SUBSCRIBE TO THE AUTOHABITS SERVICE FOR NO LESS THAN 12 MONTHS OR LONGER DEPENDING UPON YOUR SERVICE SUBSCRIPTION PLAN (THE “SERVICE COMMITMENT”). IF YOU FAIL TO MEET THE SERVICE COMMITMENT BY CANCELLING YOUR SUBSCRIPTION TO THE AUTOHABITS SERVICE (OR IF AUTOHABITS TERMINATES YOUR SUBSCRIPTION TO THE AUTOHABITS SERVICE DUE TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AUTOHABITS MAY CHARGE YOU AN EARLY TERMINATION FEE OF THE LESSER OF $179.95 OR THE REMAINING PRO-RATED PORTION OF YOUR 12-MONTH CONTRACT AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AUTOHABITS SERVICE, AND YOU AGREE TO PAY ANY SUCH EARLY TERMINATION FEE.

10. Online Access and Possible Charges. The AutoHabits service is accessed through an Internet connection broadband connection or mobile service and is available most areas. In some areas, additional access charges may apply. However, AutoHabits does not make any assurances about the availability or functionality of the AutoHabits service over a broadband connection or mobile connection. Firewall protection is strongly advised for any broadband Internet connections to protect access to your AutoHabits Service device from viruses and other harmful things. You are responsible for any broadband or mobile service charges incurred as a result of using or accessing the AutoHabits service and acknowledge and agree that you will be solely responsible for all disputes with any mobile service company or Internet service provider related to the same.

11. Payment Authorization. If you choose a subscription option with recurring payments (including any pre-paid subscription option which reverts to a monthly payment plan or annual plan at the expiration of the pre-paid period), you agree that AutoHabits may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your AutoHabits service access will not be established until AutoHabits has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. You further agree that AutoHabits may charge any other applicable fees, including any early termination fee, to your credit card. AutoHabits may, as necessary, extend the expiration date of your credit card in order to ensure continued service. AutoHabits may, at its discretion, change the AutoHabits service fees, early termination fee, restocking fee and any other fee, from time to time, and charge fees (which AutoHabits may also change) for features and functionalities that are not a part of the AutoHabits service. AutoHabits will notify you 30 days in advance of any fee changes or new fees applicable to your AutoHabits service subscription; you may obtain the fees currently in effect at any time by contacting AutoHabits Customer Care at 1-800-979-1701. You are responsible for reviewing your credit card statement for billing accuracy. You have 90 days to dispute any billing that you feel is inaccurate. If you do not contact AutoHabits within 90 days of the disputed billing date, AutoHabits will not be responsible for any billing errors. AutoHabits reserves the right to suspend or terminate your AutoHabits service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to AutoHabits when AutoHabits believes you are liable for the charges. You agree to pay a late charge on all amounts due which remain unpaid for 30 days. The late charge will equal 1.5% of the past due amount, or the highest rate allowed by law, whichever is less, per month until paid. Such rights are in addition to and not in lieu of any other legal right or remedies available to AutoHabits. AutoHabits reserves the right to refer your account to a third party for collection in the event of an ongoing default.

12. Using the AutoHabits Service. You may access and use the AutoHabits service only with an AutoHabits’ Device that is authorized to receive the AutoHabits service and you agree not to tamper with or otherwise modify your AutoHabits’ Device. Among other things, this means that you may access and configure only the AutoHabits’ Device that is authorized to receive these updates. The AutoHabits service is provided for your personal, non- commercial use, and may not be resold, in whole or in part. Except as expressly provided in this Agreement, you may not transfer the AutoHabits service. By using the AutoHabits service, you agree to receive all software updates and upgrades that AutoHabits sends to your AutoHabits’ Device. If your AutoHabits’ Device accesses the AutoHabits service (regardless of your payment or subscription status), you acknowledge and agree that you are a user of the AutoHabits service and are bound by the terms of this Agreement.

13. Advertising and Promotions. The AutoHabits service may be advertiser supported or partner affiliated. The AutoHabits website contains reserved space for this purpose. AutoHabits reserves the right to send content (including advertising and promotional material) to such reserved portions of the AutoHabits website as part of the AutoHabits service. In order to send such content, you agree that AutoHabits may update the AutoHabits website to a particular advertiser or partner affiliate at any particular time.

14. Termination of Service. Subject to any Service Commitment to which you may be bound, you may terminate your account, this Agreement, and your right to use the AutoHabits service, at any time and for any reason or no reason, by contacting AutoHabits Customer Care at 1-800-979-1701. Please note that without a subscription to the AutoHabits service, your AutoHabits’ Device will not work! Please see Section 7, above. The AutoHabits service will be terminated at the end of the service period for which you have paid and unused subscription fees are nonrefundable. If you terminate your account or this Agreement before meeting any applicable Service Commitment, AutoHabits reserves the right to charge you the “early termination fee” agreed to by you at the time you subscribed to the AutoHabits service. Notwithstanding anything to the contrary in this Agreement, AutoHabits retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in Section 9 (“Subscription Fees and Service Commitment”) and Section 11 (“Payment Authorization”) are refused for any reason, if you breach any provision in this Agreement, if you misuse the AutoHabits service, and/or if you alter your AutoHabits’ Device or use the AutoHabits service or software in such a manner as to infringe upon the intellectual property rights of AutoHabits or any third party. In addition, AutoHabits reserves the right to terminate your account and this Agreement for any other reason or no reason if AutoHabits gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the AutoHabits service before termination.

Ownership, Open Source Software, Disclaimers and Liability Limitations

15. Title to Software and Intellectual Property. You may need to use certain software programs in your AutoHabits’ Device to use or have full access to certain features of the AutoHabits service. You received certain software in your AutoHabits’ Device at the time of purchase and other software programs may be delivered to your AutoHabits’ Device by AutoHabits from time to time, which you are obligated to accept. You may use such software solely in executable code form and solely in conjunction with your AutoHabits’ Device. Your use of such software is subject to the terms of this Agreement. AutoHabits retains title to and ownership of all the software for the AutoHabits’ Device and certain intellectual property rights in the AutoHabits’ Device. AutoHabits also retains ownership of all AutoHabits copyrights and trademarks. In the case of third party software delivered by AutoHabits to the AutoHabits’ Device, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the AutoHabits’ Device or the software of the AutoHabits’ Device is strictly prohibited, except as expressly set forth in Section 16 (“Open Source Software”). When you access the AutoHabits online application You are governed by the Terms of Use agreement to which you must agree prior to installation.

16. Open Source Software. Certain components of the software for the AutoHabits’ Device are subject to the GNU General Public License Version 2, or other so-called open source licenses (“Open Source Software”). Open Source Software is not subject to the restrictions Section 15 (“Title to Software and Intellectual Property”), and is subject to the license terms under which AutoHabits distributes such Open Source Software. In compliance with the terms of certain Open Source Software licenses like the GNU General Public License Version 2 (“GPLv2”), AutoHabits makes certain modifications to Open Source Software that AutoHabits uses, modifies and distributes pursuant to such licenses available to the public in source code form at www.AutoHabits.com/source. You are free to use, modify and distribute Open Source Software so long as you comply with the terms of the relevant Open Source Software license. In particular, the GPLv2 is available in the product manual or at www.gnu.org/copyleft/gpl.html.

17. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AUTOHABITS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST AUTOHABITS OR THE AUTOHABITS SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE AUTOHABITS SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE AUTOHABITS DVR OR SOFTWARE FOR THE AUTOHABITS DVR (OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 17 (“OPEN SOURCE SOFTWARE”)).

18. Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE AUTOHABITS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUTOHABITS MAKES NO WARRANTY THAT THE AUTOHABITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE AUTOHABITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES AUTOHABITS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE AUTOHABITS SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE AUTOHABITS SERVICE WILL BE CORRECTED OR THAT THE AUTOHABITS DVR OR AUTOHABITS SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, AUTOHABITS DOES NOT WARRANT THAT THE AUTOHABITS SERVICE OR THE AUTOHABITS SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT AUTOHABITS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. AUTOHABITS ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR AUTOHABITS DVR, AUTOHABITS SOFTWARE, OR OTHER HARDWARE. AUTOHABITS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE AUTOHABITS SERVICE OR AUTOHABITS SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.

19. Limitations of AutoHabits’ Liability. IN NO EVENT WILL AUTOHABITS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE AUTOHABITS SERVICE OR USE OF THE AUTOHABITS SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF AUTOHABITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AUTOHABITS’ OR ITS SUPPLIERS’ TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE AUTOHABITS SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO AUTOHABITS IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF AUTOHABITS’ AND AUTOHABITS’ SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit AutoHabits’ liability in the event of AutoHabits’ willful or intentional misconduct. Moreover, if AutoHabits mistakenly or wrongfully overcharges your account, this section does not limit AutoHabits’ obligation to refund such mistakenly or wrongfully overcharged amounts.

General

20. Miscellaneous. This Agreement will be governed by the laws of the State of Arizona as such laws apply to agreements between Arizona residents performed entirely within Arizona. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You and AutoHabits agree to submit to the exclusive personal jurisdiction of the courts located within the county of Pima, Arizona. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder will be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference will be made only to this Agreement as written in English and not to any translation into another language. This document, the Website Terms and Conditions (available at www.AutoHabits.com/policies), the AutoHabits Privacy Policy (available at www.AutoHabits.com/policies/#privacy), and the terms of any applicable written Service Commitment offer from AutoHabits accepted by you represent the entire agreement governing your use of and subscription to the AutoHabits service and supersedes any prior or contemporaneous written or oral statements by AutoHabits or its representatives or resellers. AutoHabits’ failure to enforce any of the terms of this Agreement does not constitute a waiver or relinquishment of AutoHabits’ right to do so at any time. Sections 7 (“Your AutoHabits’ Device Won’t Work Without the AutoHabits Service!”), 9 (“Subscription Fees and Service Commitment”), 10 (“Online Access and Possible Charges”), 11 (“Payment Authorization”), 12 (“Using the AutoHabits Service”), 16 (“Title to Software and Intellectual Property”), 17 (“Open Source Software”), 18 (“Indemnity”), 19 (“Warranty Disclaimer”), 20 (“Limitations of AutoHabits’ Liability”), and 21 (“Miscellaneous”) survive any termination or expiration of this Agreement.

BY USING THE AUTOHABITS SERVICE, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.

AutoHabits Service Agreement v20110701

Privacy Policy

AutoHabits understands the importance of protecting personal information. This privacy policy outlines how AutoHabits collects, uses, and discloses your personal information. You will also find information on how you can update your account and preferences, as well as details on how we protect your personal information.

A. Why does AutoHabits gather personal information?

AutoHabits gathers personal information in order to provide the products, services, and support you’ve come to expect from us. As with most transactions, personal information is required in order to set up your account and complete your purchase. But it also helps us provide the product and support information we believe is of greatest interest to you.

B. What information does AutoHabits collect and how is it used?

There are a variety of situations in which AutoHabits may collect personal information, such as when you register as a customer; purchase one of our products; download a report , upgrades, or white papers; order email newsletters; respond to a marketing campaign; place orders on our website; or when you’re working with an AutoHabits Customer Care representative. In each of those situations, AutoHabits only collects minimal personal information required to meet your needs. Depending on the circumstances, we may ask for your name, billing or shipping address, credit card information, email address, fax number, phone number, or other pertinent information.

AutoHabits uses your information to better understand your needs, provide you with the services you have requested, and with a view to provide you with better service. We may use your information to help you complete a transaction, (including fulfillment of orders and promotional offers), to communicate back to you, to inform you of and update you on services and benefits, and to manage and renew your subscription(s). Credit card numbers are used only for payment processing, maintenance of your subscription, including renewals, and fraud protection and are not used for other purposes without your permission. AutoHabits will keep your personal information for as long as you are a registered subscriber or user of our product(s) and thereafter, for no longer than is reasonably necessary for internal reporting and reconciliation purposes and to provide you with any feedback or information that you might request or require.

With the consent of our customers, AutoHabits posts customer testimonials on our website, which may contain personally identifiable information, such as the customer’s name.

If at any time you wish to remove your personal information from an AutoHabits website testimonial, please contact Customer Care.

C. Does AutoHabits disclose personal information?

In limited circumstances, AutoHabits may need to share your information in order to meet your particular needs. AutoHabits has a number of relationships with vendors with whom we may share your personal information for the purpose of providing a service, fulfilling an order, or meeting your other needs, including the provision of customer support. For example, we use selected vendors for the purpose of providing credit card transaction processing services. These vendors verify your purchase information, such as credit card number, and authorize your transaction. In doing so, the vendors have access to limited information about users, but they are prohibited from using the information for any other purpose. AutoHabits imposes strict confidentiality obligations on all third-party vendors with whom we share your information. By providing your information to us, you are deemed to consent to the transfer of your information to AutoHabits’ third-party vendors in accordance with the terms of this Privacy Policy.

We may also need to share your personal information with other legal entities within AutoHabits. All such entities adhere to the AutoHabits Privacy Policy. From time to time, AutoHabits may provide personal information to law enforcement authorities or other third parties in response to a subpoena, an official inquiry, or as may be required in the case of national security. AutoHabits will not disclose your personal information to third parties for their own marketing purposes unless you have provided prior consent.

1ShoppingCart is a third-party vendor providing e-commerce solutions for AutoHabits’ online store. As a result, AutoHabits shares certain personal information with 1ShoppingCart to complete your transactions. The protection of such information is addressed in 1ShoppingCart ‘s Privacy Statement. AutoHabits disclaims all liability for the data processing activities of its outside vendors. If you do not wish to have your credit card number stored, please contact Customer Care.

D. How does AutoHabits secure personal information?

AutoHabits uses state-of-the-art security technology to protect our customer data. Access to customer information is restricted to authorized personnel only. Our website is regularly tested for security vulnerabilities to ensure all collected information is secure from unauthorized viewing. Personal customer information is protected in transit via HTTPS and SSL security. Credit card information is transmitted with multiple layers of security, including encryption in storage and SSL in transit. For more information, please review the section on disclosure of information above.

AutoHabits through its third-party e-commerce solutions vendor, Cart, complies with PCI DSS (Payment Card Industry Data Security Standards) that require merchants to implement strong security measures to protect our customers’ credit card information. Learn more about 1Shopping Cart’s PCI DSS Compliance.

AutoHabits shall notify you in the unlikely event of a security breach involving your personal data.

E. Remember—information displayed to the public is not secure.

Please remember that the information you submit to any discussion groups or forums will be deemed public information and will not be kept as confidential. There is a risk that the information posted in these discussion groups or forums will be collected and used by others. Please be careful and responsible when you are participating in any discussion groups or forums on the AutoHabits website(s).

F. Can you control how your information is used?

Yes. As mentioned above, AutoHabits may use your information to improve the content of our website, products, and services, or to alert you to information we believe might interest you. When you register or make a purchase, we offer you the opportunity to opt into or out of these uses of your information. If you do not choose to opt out initially, you may still block future contact of this type by simply following the unsubscribe instructions that accompany all such communications, contacting Customer Care, visiting the My Account section on our website, or by writing to the address below.

AutoHabits Customer Care, 904 South Park Avenue, Tucson, Arizona 85719
1-800-979-1701

Please note that we do not allow our customers to opt out of content that is essential to the functionality of our products and services, such as communications relating to necessary updates to our products.

G. What privacy policy applies if you follow a link on AutoHabits’ website?

Our site contains links to other websites. If you follow one of those links, you may be leaving the AutoHabits website and entering a site not under AutoHabits’ control. AutoHabits does not accept liability for misuse of any information submitted on any site outside its control. We strongly encourage you to read the privacy statements or policies of the linked sites, as their privacy policies may differ from ours.

H. Can you review and update the personal information that AutoHabits collects?

Yes. Users can access and update most of the personal information that AutoHabits holds by visiting the My Account section in the online portal using the registered administrative user account, by contacting Customer Care, or by contacting us at the addresses below:

AutoHabits Customer Care, 904 South Park Avenue, Tucson, Arizona 85719
1-800-979-1701

I. Does AutoHabits keep track of website visitor data?

Like many other companies, AutoHabits may use “cookies” to remember user preferences and maximize performance of our website and services. Additionally, cookies help us to identify returning users so, for example, we don’t need to ask them to enter their email and password on every visit. Any personal information we collect with cookies is not shared with any outside parties.

Please note the information gathered by cookies is necessary to provide certain subscription services. We cannot provide those services to users who do not give their consent to the data processing carried out through cookies or whose browsers are set to reject all cookies.

Cookies may also be used to control the type and/or frequency of ads, promotions, or other marketing messages the customer views. These ads may be placed by third-party advertising companies. Any information the advertising companies collect is nonpersonal and anonymous.

AutoHabits also uses “web beacons” (small transparent image files) to count visitors to our sites and analyze how visitors use our sites. The information collected is generally anonymized and is not used to identify any particular user.

As is common on the Internet, AutoHabits maintains log files of the traffic that visits our sites. For example, our servers may automatically record the information you or your browser send when you visit a website. These log files may include information such as your requests, IP address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your system.

J. Does AutoHabits comply with the Children’s Online Privacy Protection Act?

Yes. AutoHabits complies with all the regulations of the Children’s Online Privacy Protection Act of the United States of America. AutoHabits does not knowingly collect personal information from children under the age of 13. If we learn we have collected personal information on a child under the age of 13, we will delete that data from our systems.

K. Additional information for users in the European Economic Area (EEA)

Our customers’ personal information is stored on our servers currently located in the United States. The location of our servers may be subject to change.

In addition, AutoHabits may transfer your personal information to our vendors outside of the EEA, as described in this privacy policy.

At present, the laws of the United States and other countries outside the EEA (except for Argentina, Canada, Isle of Man, Guernsey, and Switzerland) have not been approved by the European Commission as providing “adequate protection” for personal information within the meaning of the EU Data Protection Directive (95/46/EC).

AutoHabits imposes strict requirements on our vendors outside of the EEA regarding the use and protection of our customers’ personal information. In addition, with regard to our consumer customers, AutoHabits abides by the Safe Harbor Framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union.

By purchasing or using our products from a country in the EEA and submitting your personal information to us, we deem that you are consenting to the processing of your personal information in the United States or other country outside of the EEA.

L. How often does AutoHabits update its privacy policy?

We may update this policy at any time by posting additions or modifications on this web page. If at any point we decide to use personally identifiable information in a manner materially different from that stated at the time it was collected, we will notify users by email or via a prominent notice on our website and where necessary we will seek the prior consent of our users.

M. Contact us

If you have questions or concerns regarding this Privacy Policy, you should contact the Privacy Program Office of AutoHabits, Inc. by emailing privacy@autohabits.com, by calling 1-800-797-1701, or by sending a letter to:

Privacy Program Office AutoHabits, LLC.,

904 South Park Avenue, Tucson, Arizona 85719.

This privacy policy was last modified on October 1, 2010.

Web Privacy Policy

Effective 10/1/2010

AutoHabits knows that you care how information about you is used and shared, and we have created this Website Privacy Policy to demonstrate our firm commitment to do so reasonably and responsibly.

This Website Privacy Policy describes our information gathering and dissemination practices only for this Web site: www.AutoHabits.com (the “Site”). AutoHabits has a separate privacy policy that governs our use of information that is gathered as part of the AutoHabits service.

Information you give us
We receive and store any information you enter on our Site or give us in any other way. However, we do not collect any personal information about you unless you voluntarily submit such information to us. Our Site uses an order form for you to request information, products, and services. Contact information (like your email address) from the order form is collected and used to send you information about our company or otherwise get in touch with you. Of course, you can choose not to provide certain information, but then you might not be able to take advantage of many of our features. You may also choose not to receive email or other mail from us: see the Choices section below.

How about children?
We do not wish to obtain personal information from children who are using our Site unsupervised. Thus, we ask children to obtain the consent of their parent or guardian before providing us with any personal information.

How about cookies?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and connection capabilities so that our Site can provide you with the optimal user experience. We also use cookies for Site visitor tracking. The information we collect is anonymous and AutoHabits has no way of accessing any of your personally identifiable information through this system. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you are to receive a new cookie, or how to disable cookies altogether. However, as cookies allow us to enhance your user experience, we recommend that you leave them turned on.

Use of information
We use the information you provide us to perform the services for which such data was collected. For example, if you sign up for an email newsletter, we will send the email newsletter to the address you provide us. We also use the information you provide us for internal marketing purposes and for administration of the Site.

How about third parties?
Information about our customers is an important part of our business, and we use it responsibly. We employ or partner with other companies and individuals to perform functions on our behalf. Examples include processing credit card payments and providing marketing assistance. These agents have access to personal information needed to perform their functions, but may not use it for other purposes. However, we may sell aggregated (non-personally identifiable) information about our users generally. Also, we release personal information when we believe release is appropriate to comply with law or protect the rights, property, or safety of AutoHabits, its users, or others. Finally, in the unlikely event that AutoHabits, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Security
We use industry-standard methods to protect your personal information from unauthorized access. Among other techniques, we usually store such information on a computer behind our “firewall” in a secure location, and we often restrict the number of employees internally who can access such data. Of course, there is no such thing as “perfect security” on the Internet. Further, please note that our servers are operated by a third party Web host whose actions we do not control.

Choice
As discussed above, you can always choose not to provide certain information, even though it might be needed to take advantage of many of our features. Our Site also provides you with the opportunity to choose not to receive communications from us and our partners. You have the following options for changing and modifying information previously provided or removing your information from our database so as not to receive future communications:

You can send email to webmaster@AutoHabits.com.
You can send mail to the following postal address:

Webmaster, AutoHabits, LLC. 904 South Park Avenue, Tucson, Arizona, 85719.

You can call the following toll-free telephone number: 1-800-979-1701.

Amendments
We may from time to time revise this policy by updating this posting. Amendments to this policy will be effective when posted. You should therefore periodically visit this page to review the current Site Privacy Policy, so you are aware of any such revisions to which you are bound.

This Site contains links to other sites. AutoHabits is not responsible for the privacy practices or the content of such web sites.

Anti Spam Policy

Updated October 2010

AutoHabits strictly forbids the use of our service in unsolicited commercial email (UCE) or SPAM campaigns. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf.

If you have received an unsolicited e-mail from AutoHabits, we want to know. Send any inquiries to customercare@AutoHabits.com. Please include: in the subject “No More Spam Please”; in the email, the entire original message, including the full headers of the spam that your received. Our team will ensure that the problem is dealt with, and that your privacy is assured.

We consider the following to be a violation of this policy:

Sending electronic communications to any contact without their express consent or a provable established business relationship through our service.
Disguising or otherwise obfuscating the nature of any URL or link from our system, or the purpose of any email sent through our service.
Using any AutoHabits.com URL in any UCE from any source.
Sending UCE through AutoHabits.com, or any third party, that directs the recipient to any website that links to AutoHabits.com, utilizes any of our services, or contains any URL relating back to the domains used by AutoHabits.com.
Spamming, or otherwise flooding newsgroups and forums with posts including any of our links or URLs, or posting links to any site that utilizes or references AutoHabits.com.
Any user found to be involved in a SPAM/UCE campaign, involving the services provided by AutoHabits.com in any capacity, including flooding newsgroups, distributing messages to recipients that have not specifically requested the information, or any other abuse of our system contravening CAN SPAM UCE legislation will be met as follows:
The account will be closed immediately, without burden of notice or compensation.
A US $500.00 administration fee will be incurred against the offending customer.
Our Privacy Policy becomes forfeit, and all pertinent information will be provided to any investigating authorities or anti-Spam organizations.
All information contained within your account will be forfeit, with no consideration of retrieval.

Please see our Terms of Use for details, or contact customercare@AutoHabits.com.

Store Terms and Conditions

Updated October 2010

READ CAREFULLY. These terms and conditions (“Terms”) apply to your use of the AutoHabits online store (“AutoHabits Store”) and purchases made there from on AutoHabits website located at http://www.AutoHabits.com (the “Site”). The Site is the property of AutoHabits, LLC. (“AutoHabits”). Before you make any purchases, you must first agree to establish a customer account (“Customer Account “) and you will be required to agree to these terms and the terms of use of the AutoHabits, LLC. website located at ****http://www.AutoHabits.com/policies prior to making any purchases. BY CLICKING “I HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS,” YOU AGREE TO THESE TERMS AND THIS WEBSITE’S TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE OR THE AUTOHABITS STORE.

1. Changes to these Terms; Use of this Site and the AutoHabits Store. AutoHabits reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms each time before using the Site. Your continued use of the Site, including purchases from the AutoHabits Store and purchases of subscriptions to the AutoHabits service, following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to these Terms, which shall apply until we post modified Terms and then in accordance with such modified Terms. As long as you comply with these Terms and any such modifications, AutoHabits grants you (“End User”) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site and the AutoHabits Store.

You also agree that AutoHabits may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Customer Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any information on the Site, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that AutoHabits will not be liable to you or to any third party for termination of your access to the Site.

If you use this Site and the AutoHabits Store, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. AutoHabits only sells products to adults who can purchase with a credit card. If you are under 18 or otherwise not of legal majority, you may use this Site only with involvement of a parent or guardian. AutoHabits, LLC. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a Customer Account. You are responsible for maintaining the confidentiality of your Customer Account information, including your password, and for all activity that occurs under your account. You agree to notify AutoHabits immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by AutoHabits or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your Customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Customer Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (located at http://www.AutoHabits.com/aboutAutoHabits/policies/webprivacy.html), you must disclose certain personal information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of the information you provide to us as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While AutoHabits takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL AUTOHABITS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AUTOHABITS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent To Our Communication With You By E-Mail. By providing us your personal information and establishing a Customer Account with us, and each time you make a purchase through our Site, you grant permission for AutoHabits to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us webmaster@AutoHabits.com or follow the opt-out procedures set forth in such marketing emails and further discussed in our website privacy policy.

5. Product Descriptions. AutoHabits attempts to be as accurate as possible. However, AutoHabits 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 AutoHabits is not as described, your sole remedy is to return it.

6. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) reside in the continental United States, including Alaska and Hawaii. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final and all charges from those sales are nonrefundable, unless otherwise permitted by these Terms or terms of the particular sale offer.

7. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, and Discover credit cards (each of which may be removed by AutoHabits in its sole discretion). Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT AUTOHABITS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify AutoHabits of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If AutoHabits does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by AutoHabits or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. AutoHabits shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Arizona and any other states or localities that it deems is required.

8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AutoHabits reserves the right at any time after receipt of your order to accept or decline your order for any reason. AutoHabits further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by AutoHabits upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. AutoHabits.com is a seller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

9. No Responsibility To Sell Mispriced Products Or Services. AutoHabits shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. AutoHabits shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AutoHabits shall immediately issue a credit to your credit card account in the amount of the charge.

10. Modifications to Prices or Billing Terms. AUTOHABITS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU, OR AS MAY OTHERWISE BE GOVERNED BY THE TERMS OF THE AUTOHABITS SERVICE AGREEMENT.

11. Shipping; Exchanges; Returns. Most orders will be shipped via United States Postal Service(USPS). Once an order is shipped, it is the customers responsibility to make themselves available to receive the shipment. Once USPS has attempted to deliver the package without success, they will return the package to an AutoHabits, LLC. distribution center. At this point, AutoHabits will credit the customer’s account for the undeliverable order (except for shipping and handling charges) and it will be the customer’s responsibility to place a new order. Please allow 10 business days for a credit to process. See the Policies web page for questions regarding returned shipments and consumer credits.

Please read the policies below to gain a better understanding of how AutoHabits can process a return or exchange as quickly as possible.

Please note that we can only process returns and exchanges for items purchased directly from AutoHabits, LLC.

If you are experiencing problems with your AutoHabits’ Device, please contact AutoHabits Customer Care at 1-800-979-1701 or email us at customercare@autohabits.com. Your AutoHabits’ Device is covered by a limited manufacturer’s warranty.

AutoHabits offers a 30-Day Money Back Guarantee under specific circumstances on items purchased directly from AutoHabits. Subject to these Terms and the terms of our 30-Day Money Back Guarantee, you may return an item for any reason within 30 days of your activation date (typically the shipping date).

All returns must be approved by AutoHabits. Please contact AutoHabits Customer Care to request a “Return Merchandise Authorization” (RMA) number.

You may return any of the following AutoHabits Accessories, for any reason, for a refund:

any electronic item in its original, unopened packaging
any other item in new condition with original packaging and accessories

If you are returning your AutoHabits order, please utilize a tracking number to ensure that your order is delivered to AutoHabits and is not lost in transit. AutoHabits also recommends that you insure your return.

AutoHabits will not accept any returns for refund outside of the 30-Day Money Back Guarantee window or which are otherwise not subject to the 30-Day Money Back Guarantee. Items that are returned more than 30 days after purchase, not in saleable condition, or missing parts, will not be accepted for return or exchange.

*Returned merchandise must include all original components, literature, warranties and packaging in the same saleable condition in which it was received. Refunds for returns will cover product amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. Returns not meeting these requirements may be subject to a restocking fee equaling 15% of the price paid for the Item (not including taxes). Damaged merchandise, cosmetically or otherwise, is subject to a restocking fee on a case-by-case basis. If an order has shipped, it is the purchaser’s responsibility to accept the shipment and return the order per our Return Policy. Orders that are refused at the designated shipping address may incur a 15% restocking fee.

**12. Additional Terms. ** The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:

30-DAY MONEY BACK GUARANTEE
FREE SHIPPING OFFER
SERVICE AGREEMENT
SERVICE PAYMEN PLAN TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS
WEBSITE PRIVACY POLICY
PRIVACY POLICY
AUTOHABITS INTELLECTUAL PROPERTY AND COPYRIGHT POLICY
[AUTOHABITS MULTI-SERVICE DISCOUNT AGREEMENT]

Each of these policies, and any future policies that are posted at http://www.AutoHabits.com/policies, may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules, including all current and future policies that are posted at http://www.AutoHabits.com/policies, are hereby incorporated by reference into this Agreement. Any conflict between these Terms and such other policies incorporated herein by reference shall be resolved in favor of the AutoHabits Service Agreement with respect to AutoHabits Service subscriptions, in favor of these the AutoHabits Service Payment Plan Terms and Conditions with respect to AutoHabits Service Packages, and in favor of these Terms with respect to all other purchases made through the AutoHabits Store.

13. Indemnification. You agree to indemnify and hold harmless AutoHabits and its subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of these Terms, or your violation of any law, regulation or third-party right.

14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” ALL OF AUTOHABITS’ DIGITAL VIDEO RECORDER PRODUCTS COME WITH A MANUFACTURER’S WARRANTY. EXCEPT AS EXPRESSLY STATED HEREIN, AUTOHABITS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

15. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL AUTOHABITS OR ITS LICENSORS, LICENSEES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF AUTOHABITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT AUTOHABITS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO AUTOHABITS BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF AUTOHABITS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

16. General. No delay or failure to take action under these Terms shall constitute any waiver by AutoHabits of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of AutoHabits’ permitted successors and assigns. Any claim under these Terms must be brought within one (1) year after the cause of action arises. These Terms shall be governed by the laws of the State of Arizona without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Pima County, in the State of Arizona. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. AutoHabits may freely assign these Terms without consent or notice. These Terms (including all documents expressly incorporated herein by reference) constitute the complete and exclusive agreement between AutoHabits and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Last modified: October 1, 2010

Copyright and Intellectual Property

Policy

AutoHabits, LLC.(“AutoHabits”) respects the copyright and other intellectual property rights of others, and we ask our subscribers to do the same.

The AutoHabits Service Agreement limits subscriber’s use of AutoHabits products and services to personal, noncommercial use.

It is AutoHabits’ policy to fully comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site www.copyright.gov), which provides a procedure for notifying a service provider about intellectual property infringement by third parties. In appropriate circumstances, AutoHabits’ responses may include disabling or terminating the subscription or certain services available to subscribers who repeatedly infringe the copyrights or intellectual property rights of others. The process for notifying AutoHabits of activity believed to be infringing is set forth in this policy. Only the intellectual property rights owner or its authorized agent can report of potential infringement by an AutoHabits service subscriber. If you are not the intellectual property rights owner or its authorized agent, you can still help by getting in touch with the rights owner and encouraging them to contact AutoHabits.

How to provide a Notice of Violation
If you have a good faith belief that infringing activity is occurring through the AutoHabits service, please provide to AutoHabits’ DMCA registered agent written notice with the following information:

A description of the copyrighted work or other intellectual property that you believe is being infringed;
A description of the infringing material with sufficient detail that AutoHabits can readily identify it. If the allegedly infringing material consists of a content file that you believe originated from an AutoHabits product or service, you must provide (a) the date, time and location where the material was obtained, including any relevant software logs from p2p client, web browser, or similar source and (b) two (2) copies of the allegedly infringing material on individual CD-R or DVD-R (no DVD+R) containing the raw data format as found online, including the original file name as found. The CD-R or DVD-R must use either the ISO 9660 or Windows FAT32 file systems;
Any contact or identifying information regarding the alleged infringer, if known by you;
Your name, address, telephone number, and email address;
Proof of ownership of the copyright of the work, such as a copyright registration. If you are not the owner of the work, identification of the owner of the copyrighted work and, a list of persons authorized to act as agents on behalf of the owner with respect to intellectual property infringement;
Include the following statement: “I have a good faith belief that the use of the materials is not authorized by the copyright or intellectual property owner, the owner’s agent, or the law”;
Include the following statement: “I declare, under penalty of perjury, that the information in this notice is accurate, and that I am the copyright or intellectual property owner or authorized agent of the owner”; and
An electronic or physical signature.

Contact information for AutoHabits’ DMCA agent
AutoHabits’ DMCA agent can be reached as follows:

By Mail:
AutoHabits, LLC., Attn: Legal – DMCA Registered Agent, 904 South Park Avenue, Tucson, Arizona, 85719.

By email:
CustomerCare@AutoHabits.com

By telephone:
800-979-1701, and request to be transferred to the DMCA Agent

By fax:
Attn: Legal – DMCA Registered Agent
800-979-1701

Please note that, due to security concerns, email attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Legal and Trademark Requirements

Using AutoHabits Registered Trademarks

Our company brands, including the AutoHabits trademark, the AutoHabits logo and our other trademarks, are among our most valuable assets. To preserve and protect these brands – and to prevent their loss to the public domain – it is essential that they are used correctly.

A trademark is lost when it becomes generic, i.e. when it has come to mean the product as distinguished from a certain brand of the product. If our trademarks become generic, they could be used by competitors to describe their goods or services.

What is a trademark? A trademark is used to identify the source of goods and services. A trademark can be a word (or several words), a name, a symbol (such as one or more letters, or numbers, or a design), a sound, a particular color, or any combination of these. (See lists of AutoHabits trademarks below.)

Copy Trademark Guidelines

1. Distinguish the trademark with ® or ™ notice.
The ® and ™ designations provide notice to others that a particular word or logo is a trademark. The ® designation means that the trademark has been granted federal registration by the Patent and Trademark Office. The ™ designation means that the trademark registration process has not been completed with the Patent and Trademark Office; nonetheless the owner is giving notice of a proprietary stake in the mark. The ® and ™ designations indicate that you are referencing a particular brand. Use the ® or ™ designation to set the trademark apart from the text. The lists below indicate whether the ® or ™ symbol is appropriate for each AutoHabits trademark. The notice should appear at least once in each piece of printed matter—preferably the first time the trademark appears.

Example: An AutoHabits™ Dashboard Report automatically notifies you of the driving behaviors in a subscribed vehicle.

In the example above, the audience immediately recognizes that we are referring to a genuine AutoHabits™ brand report (i.e., a Dashboard Report from AutoHabits, LLC.) rather than a generic report.

2. Use the generic name after the trademark.
Because a trademark identifies the source of a good, a trademark is a proper adjective which modifies a noun – the generic term. A generic term should be used immediately after the first or most prominent use of the trademark. Thereafter, the generic term should be used with the trademark often enough to make it obvious that the trademark is not a generic name for the product or service. A list of recommended generic terms for each of our company trademarks are listed below in these guidelines. Other generic terms may be used instead. Limited exceptions are noted below.

Example:

Trademark

Generic Name*

AutoHabits™ Device

the device, hardware device

3. Trademarks are singular.
Because a trademark is an adjective, it should never be used in the plural form. Instead, when necessary, the generic noun can be used as a plural.

Example:
Correct: I want to view the AutoHabits™ Dashboard Report

Incorrect: I want to view the AutoHabits Data

4. Trademarks are never verbs.
It is never permissible to use any of our trademarks as verbs.

Example:
Correct: I want to reset the GeoZone on the AutoHabits™ Dashboard Report Incorrect: Can you print the AutoHabits Dashboard?

5. Trademarks are never possessive.

Example:
Correct: The AutoHabits™ Dashboard Report

Incorrect: AutoHabits’ dashboard report

6. “AutoHabits” may be used to refer to the company, AutoHabits, LLC., rather than a brand of product or service.

If “AutoHabits” is being used to refer to our company, rather than the brand of a product or service, then the rules for proper use of trademarks do not apply. Unlike trademarks, company names are proper nouns; they can be used in the possessive form and should not be followed by a generic term. Neither the ™ nor the ® symbol should accompany references to AutoHabits as a company.

Example:
Correct: AutoHabits is now offering more driving behavior features than ever.
Incorrect: AutoHabits™ is now offering more driving behavior features than ever.

7. Apply the banner/ headline exception correctly.
When our AutoHabits mark is used in small spaces that constrain text size (such as a banner or headline) a “shorthand” reference to “AutoHabits™” alone – which does not include a generic term immediately after the trademark – may be used, if a more expanded version is set forth in nearby text (including by hyperlink).

For example, the banner or headline may say “AutoHabits™- Puts You In The Passenger Seat So You Don’t Have To Be There” so long as nearby text includes the appropriate generic term next to our trademark, such as: “Get your weekly driver AutoHabits™ Dashboard Report”.

Similarly, a banner or headline may say:
“Get AutoHabits™”,
“What is AutoHabits™?”,
“Buy AutoHabits™”, etc.

as long as that the proximate text includes the same trademark followed by a generic term, such as “Get your AutoHabits™ Dashboard Report Now.”

In the “shorthand: usage, use the ” ™” notice; then again use the ™ notice after the first appearance of AutoHabits in the nearby text that provides the fuller context. Whenever possible, use the AutoHabits logo with the ™ notice when using “AutoHabits” in a “shorthand” manner for banners and headlines. In television advertising, a shorthand reference to “AutoHabits” alone can be used if: (a) the images on the screen make it obvious that the trademark is being used in reference to AutoHabits products, services or features, and (b) the appropriate generic name is used with the trademark in the advertisement.

For example, “AutoHabits captures and reports the driving behaviors of your driver” is permissible if the image of the screen shows the AutoHabits’ Device and elsewhere in the advertisement reference is made to the AutoHabits service or AutoHabits report.

8. Give trademark attributions where appropriate.
When needed to clarify who owns the trademarks, a notice of ownership should also be given, such as the following.

Example: AutoHabits and the AutoHabits logo [or other company trademarks mentioned] are trademarks or registered trademarks of AutoHabits, LLC. or its subsidiaries worldwide.

Note: Additional copyright language should be added after the trademark attribution language, if the material created has been created by AutoHabits.

This language should be used on all documents that describe the AutoHabits service:

AutoHabits™ service is required for the AutoHabits’ Device to function and is sold separately. AutoHabits service and payment are subject to the terms and conditions available at www.AutoHabits.com.
AutoHabits service is accessed through a standard telephone line or broadband connection. In some areas, local and long-distance toll charges may apply.

Trademarked logos

The following logos are trademarks of AutoHabits, LLC. The trademark designation (™) should appear with all logos in all materials.

AutoHabits logo

AutoHabits – GPS Driver Tracking & Behavior Reporting System

Policies

Service Packages

30-Day Money-Back-Guarantee

Refund Policy

Limited Warranty

Website Terms of Service

Web Privacy Policy

Anti Spam Policy

Store Terms and Conditions

Copyright and Intellectual Property

Legal and Trademark Requirements

Using AutoHabits Registered Trademarks

Copy Trademark Guidelines