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Terms & Conditions

Last Updated: 05/08/2026

About HabitONE

HabitONE is a functional nutrition brand offering powdered dietary supplements and superfood drinks designed to support essential everyday needs — including energy, focus, immunity, and overall well-being.

IMPORTANT — PLEASE READ BEFORE USING OUR PRODUCTS:

HabitONE products are dietary supplements only. They are not drugs, medicines, or medical devices, and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The statements made on this Website as well as on product packaging have not been evaluated by the U.S. Food and Drug Administration (FDA).

Our products are not a substitute for professional medical advice, diagnosis, or treatment. If you have or suspect a health problem, are pregnant or nursing, are taking prescription medication, or have an underlying medical condition, you should consult a qualified healthcare provider before using any HabitONE product. We recommend that all users consult with a physician or licensed healthcare professional prior to starting any new supplement regimen.

Individual results may vary. HabitONE makes no guarantee that any product will produce specific outcomes for any individual user.

IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS AND SUBSCRIPTION TERMS

HabitONE offers subscription-based purchasing that automatically renews. Please read these Terms carefully (in particular, Section 4) before completing a subscription purchase.

By subscribing, you authorize HabitONE to charge your payment method automatically at the start of each billing cycle. To avoid being charged for the next renewal, you must cancel your subscription before the renewal date.

You can cancel your subscription via your account on the Website or by sending a written cancellation request to help@habitone.co from the email address associated with your account.

Please note the following before canceling:

  • HabitONE reserves the right to apply a minimum order processing period before a cancellation becomes effective, except where prohibited by applicable law.

  • Cancellation requests submitted after the billing date will not affect the payment already processed for that cycle.

  • If you received an introductory or promotional discount on your first order, cancellation within your first billing cycle may result in a Discount Recovery charge, as described in this Terms.

  • Upon cancellation, you will retain access to any shipped Products and will receive any orders already processed or in fulfillment at the time of cancellation, but no further shipments will be made. 

For refund eligibility, please refer to our Refund Policy and Section 5 of these Terms.

BINDING ARBITRATION & DISPUTE RESOLUTION

PLEASE BE AWARE THAT THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE. THIS CLAUSE REQUIRES THAT DISPUTES BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND RESTRICTS THE REMEDIES AVAILABLE TO YOU IN CERTAIN CIRCUMSTANCES. 

Section 15 of these Terms governs how disputes between you and HabitONE are resolved. Please read it carefully, as it significantly affects your legal rights. In particular:

  • You agree to resolve disputes with HabitONE through final and binding individual arbitration administered by NAM, rather than in court, except for small claims court actions and intellectual property disputes.

  • You waive your right to file or participate in a class action lawsuit against HabitONE.

  • You may opt out of this Arbitration Agreement within 31 days of your first use of the Website by following the process outlined in Section 15.11.

Please note that before initiating arbitration, you are required to complete the Mandatory Pre-Filing Notice and Informal Dispute Resolution procedures described in Section 15.1, including a good-faith video conference with HabitONE. Failure to do so is a breach of this Arbitration Agreement.

1. Acceptance of These Terms

These Terms of Use & Service (the "Terms" or "Agreement") constitute a legally binding agreement between you, as a user of the website habitone.co (“Website”), and Alovira Corp, with a registered office at 3753 Howard Hughes Parkway, Suite 200, Las Vegas, NV 89169 (“HabitONE,” “we,” or “us”).

These Terms govern your access to and use of the Website and the associated products offered through it. By browsing, using, or viewing information on the Website, you acknowledge and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately cease using the Website.

We reserve the right to update and modify these Terms at our discretion by posting changes on the Website. Changes will take effect immediately unless otherwise specified. Continued use of the Website following the posting of changes constitutes your acceptance of the revised Terms.

2. Products and Services

HabitONE provides dietary supplements and other products designed to support your health and lifestyle (collectively, “Products”). All Products are intended solely for personal use and are not for resale or commercial distribution. Products are available for purchase only through our Website and are offered exclusively to customers within the United States. 

The information presented on our Website is intended to provide general health, fitness, and nutrition insights. HabitONE does not provide medical advice or diagnostic services, and the use of our Website or purchase of our Products does not establish a doctor-patient relationship.

The information on the Website is not intended to diagnose, treat, cure, or prevent any medical condition. Always consult your healthcare provider or physician for medical advice, particularly regarding specific medical conditions, illnesses, or treatments. This is especially critical before starting any new supplement, diet, or wellness program.

Information provided on the HabitONE website has not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease. Any references to ingredients, nutrients, or suggested use are provided for informational and educational purposes only.

Individual results may vary. HabitONE cannot predict all conditions under which the information on this website, our products, or products from other manufacturers may be used. Accordingly, HabitONE makes no representations or warranties regarding the outcomes, safety, or suitability of any product or product combination. Customers are solely responsible for determining whether a product is appropriate for their individual needs and circumstances.

3. USER ACCOUNTS

3.1. Eligibility

To utilize the service, users may be required to set up an account. To register an account with HabitONE, you shall be at least 18 years old (or of the reciprocal age of majority in your state or jurisdiction) and able to form legally binding contracts. We do not knowingly collect personal information from children under 18 years of age.

3.2. Registration

During registration of an account, you need to provide us a valid email address, and/or other information as prompted by the registration form or as required by applicable law. We may also allow you to register by using your social network credentials.

3.3. Account Security

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify HabitONE of any unauthorized use of your password or account. You should only create one account on the Website.

Unless expressly permitted in writing by HabitONE, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account. HabitONE reserves all available legal rights and remedies to prevent its unauthorized use, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

You agree to keep your contact and billing information (including but not limited to email address) true, accurate, complete and up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active HabitONE accounts.

4. Payments and Fees

HabitONE offers flexible payment options for its products and services, depending on your preferences. 

For one-time purchases, payment is collected at the time you place your order. 

If you opt for a subscription, payments are processed at the start of your subscription term and will automatically recur at the beginning of each renewal period unless you choose to cancel.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

4.1. Payment method

Payments will be charged using the payment method you provided on the payment page at the time of purchase (after entering your payment method details). By providing your payment details, you authorize HabitONE or its third-party payment processor to charge your account for the amount due, including applicable taxes and renewal charges.

4.2. Pricing 

All prices are listed in USD and do not include applicable taxes or other fees and charges unless explicitly stated otherwise.

Delivery fees are paid at the time of purchase on the Website and are added to the total price of your order. 

HabitONE reserves the right but is not obligated to limit the sales of our Products or services to any person, geographic region, or jurisdiction. HabitONE reserves the right to limit the quantities of any Products, or services that we offer, as well as to change the prices of Products and subscription fees. 

Occasionally, pricing or service information displayed on the HabitONE website may contain errors or inaccuracies. HabitONE reserves the right to correct such errors at any time, including after an order has been submitted, either by updating the information on the website or by notifying you and providing the option to cancel the affected order.

HabitONE also reserves the right to modify pricing, availability, or details of any paid products or services at its sole discretion and at any time, without prior notice.

4.3. Subscription Period and Renewals

The options for the subscription period(-s) duration may be set at the discretion of HabitONE and change from time to time. 

Subscriptions renew automatically at the end of each billing cycle unless canceled. The subscription period and applicable fees are clearly specified during the subscription process.

By completing a subscription purchase, you expressly acknowledge that you are enrolling in a recurring subscription program with automatic renewals. 

By enrolling in a subscription, you authorize HabitONE to process recurring charges (for example, on a monthly basis) to your selected payment method without further authorization, until you provide prior notice of cancellation or request to change your payment method, and such notice is confirmed by us.

Any cancellation or payment method update will not affect charges that have already been submitted or that could not reasonably be stopped prior to our receipt and processing of your request. To cancel your authorization, update your payment method, or manage your subscription services, you may access your account or contact us via the designated support email — help@habitone.co.

If you participate in a HabitONE subscription program and a payment attempt for a subsequent shipment is unsuccessful, you authorize HabitONE to contact you using any email address or phone number you have provided to request updated or alternative payment information.

If payment for any product or service is not successfully completed, HabitONE reserves the right to suspend the subscription and, where permitted by law, pursue collection of any outstanding amounts.

The price of recurring subscription charges may differ from the price of your initial order.

4.4. Subscription Cancellation

You may cancel your subscription by either logging into your account on our Website and following the designated cancellation process or submitting a written cancellation request by email to help@habitone.co.

To ensure sufficient time for order processing, physical fulfillment, and shipment of the initial Product, cancellation of a subscription may not be processed until 20 calendar days from the date of the initial order (the "Fulfillment Period"), except where prohibited by applicable law. This restriction reflects the operational requirements of processing, packing, dispatching physical goods and reasonable use of the product, and is not intended to waive any statutory rights you may have. California residents and residents of other jurisdictions where such restrictions are prohibited by law may cancel their subscription at any time in accordance with applicable mandatory consumer protection laws, and this limitation shall not apply to them. 

You will be responsible for all subscription fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. Cancellation will take effect at the end of the current billing period, and no further charges will be made.

We may cancel your subscription if you fail to make the required payment, violate these Terms, or if there is another valid reason, such as legal requirements, that necessitates cancellation.

If you request a cancellation on the same day as purchasing our product for the first time, we reserve the right to cancel both the order and the subscription.

Upon cancellation of a subscription, HabitONE reserves the right to revoke eligibility for any special discounts, gifts, early access programs, or other promotional benefits accessible for active subscriptions.

It is your sole responsibility to cancel prior to the next billing cycle. Cancellation requests submitted after the billing date will not affect the payment already processed for that cycle.

If, at the time of your initial order, you received an introductory, promotional, or trial price that is lower than the standard recurring subscription price applicable to your plan (the "Introductory Discount"), and you cancel your subscription within your first billing cycle, HabitONE reserves the right, to the extent permitted by applicable law, to require you to pay an amount equal to the difference between the standard recurring subscription price and the Introductory Discount price you paid (the "Discount Recovery Amount"). The Discount Recovery Amount will not exceed the standard renewal price for one billing period. By accepting an Introductory Discount at checkout, you expressly acknowledge and agree to this condition. You will receive advance notice of any Discount Recovery charge before it is processed, and you may contact help@habitone.co to dispute such a charge. 

4.5. Refunds

Refunds are provided in accordance with the provisions of the Refund Policy.

You agree not to initiate payment disputes or other reversal mechanisms for valid subscription charges or product purchases made in accordance with these Terms. Unauthorised payment disputes may result in suspension of your account, forfeiture of promotional benefits, and HabitONE’s right to recover associated fees and administrative costs.

Before initiating any payment disputes or refunds you are required to contact our Support team at help@habitone.co.

4.6. Referral Program

HabitONE may offer a referral program (the "Referral Program") allowing eligible active subscribers ("Referrers") to invite new customers ("Referred Users") to the Website in exchange for promotional rewards.

How It Works. When a Referrer shares their unique referral link or code with a Referred User, and the Referred User completes a qualifying first-time purchase through such link or code: (a) the Referred User will receive an additional discount on their first order, as specified on the Website at the time of referral; and (b) the Referrer will receive a discount applied to a future recurring subscription renewal charge, as specified on the Website at the time of referral.

Eligibility. To participate as a Referrer, you must have an active HabitONE subscription in good standing at the time the qualifying referral is completed. Referral rewards are personal and non-transferable. Self-referrals (using your own referral link to create a new account or place an order) are strictly prohibited and will be disqualified. Multiple accounts created for the purpose of generating referral rewards will result in disqualification and may result in account suspension.

Reward Conditions and Limitations. Referral discounts have no cash value and cannot be redeemed for cash, combined with other promotional codes (unless expressly stated), applied retroactively to past orders, or transferred to another account. A Referrer's discount will only be applied to the next qualifying renewal charge following the completion of a valid referral. HabitONE reserves the right to cap the number of referral rewards earned per account per calendar period.

Program Modifications and Termination. HabitONE reserves the right to modify, suspend, or terminate the Referral Program, or any participant's access to it, at any time and without prior notice, including but not limited to cases of suspected fraud, abuse, or violation of these Terms. Earned but unredeemed referral rewards may be forfeited upon program termination.

Taxes. You are solely responsible for any tax obligations arising from referral rewards you receive. HabitONE does not provide tax advice.

5. Money-Back Guarantee

We are committed to ensuring your satisfaction with every HabitONE product.

If you are not completely satisfied with your first subscription purchase from our website, you may return it — in full or in part — within 30 days for a replacement or refund under our Refund Policy. If only some items from your order are returned, a partial refund will be issued for the returned items only. 

The guarantee applies exclusively to the customer's first subscription purchase limited to one (1) unit per customer, not one-time purchases. All sales under the annual plan are final and non-refundable.

Kindly note that all shipping costs, including return shipping, are non-refundable.

We have the right to refuse any refund if you have breached any of the provisions of the Terms.

Refunds under the Refund Policy are limited to purchases within 30 days of the initial order, and only if the products are eligible according to our Refund policy.

6. Shipping Policy

We currently ship only within the United States. Orders are processed within 1–2 business days after payment is confirmed. Once processed, your order will be handed over to fulfillment for shipment.

If the order is placed before 2 pm it will be processed and shipped the same day, except the weekends (Sat–Sun). Orders placed on weekends will be processed the nearest working day.

Standard Delivery: 2–7 business days, depending on your location. We use optimized logistics routes via fulfillment to ensure timely delivery. 

Once your order is shipped, you will receive a tracking number by email. You can track your order on account page or using the link in the email. 

Shipping is completely free on all orders — no minimum purchase required. 

There are no customs duties or import taxes, since all shipments are domestic (within the U.S.).

If your item is damaged or lost during shipping, please contact us within 48 hours of delivery with photo evidence (if applicable), and we will assist you with a resolution.

Once an order has been placed and fulfilled, HabitONE is not responsible for errors in the shipping address provided by you or for the final delivery of the shipment. Upon fulfillment, the order is tendered to a third-party carrier, and all delivery-related responsibilities, including transit, handling, and final delivery, are assumed by the carrier.

You are responsible for ensuring that all shipping information provided at checkout is accurate and complete. HabitONE shall not be liable for delays, misdeliveries, or failed deliveries resulting from incorrect or incomplete address information.

Upon shipment, you will receive tracking information and are encouraged to monitor the delivery status and contact the carrier directly using the provided tracking link to resolve any delivery-related issues. HabitONE is not responsible for carrier-related delays or delivery outcomes once the shipment has been transferred to the carrier.

If you have any questions about your order or shipping status, feel free to contact our customer support team at help@habitone.co.

7. Use of contacts and interaction with customer service

7.1. Electronic Communication

Without limiting other provisions of this Agreement (including the Privacy Policy), by using the Website, you agree to accept and consent to receiving electronic communications initiated from us regarding any issue arisen from this Agreement and Website.

All information communicated on the Website is considered electronic communication. When you communicate with us through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with HabitONE electronically.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

7.2. Telephone Calls and Text Messages

Communications from HabitONE, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the Website including account verification and message notifications, updates concerning new and existing features of the Website, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, any news concerning HabitONE and any other purposes related to the Website or required to enforce these Terms.

By entering your telephone number into the Website, you expressly agree to receive communications at that number as required for the purposes identified above from us, our agents, representatives, affiliates, or business partners, via e-mail, SMS or text messages, phone calls, and push notifications. You further expressly agree that these communications, including phone calls, SMS or text messages, may be generated using automated technology, such as an automatic telephone dialing system, or artificial or prerecorded voice, and even if your telephone number(s) is listed on any Do-Not-Call lists. We are not responsible for the timeliness or final delivery of the communication, as we cannot control work of the cellular telephone operator or other networks.

By agreeing to receive communications from HabitONE, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing HabitONE at help@habitone.co with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email at help@habitone.co with contact information and the address for delivery.

We will use your mobile number in accordance with our Privacy Policy. You represent that for the telephone number(s) that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s). You agree to promptly alert us whenever you stop using a particular telephone number. Standard charges may apply to the receipt of these calls or text messages. You are responsible for those charges.

You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Website or the services provided by non-HabitONE entities. Please note that consent is not a condition of using our Website and consent may be revoked at any time. However, opting out may impact your use of the Website.

We may monitor or record telephone conversations that we have with you or anyone acting on your behalf regardless you call us or we call you. We will use the results of monitoring and recording in accordance with our Privacy Policy.

7.3. Prohibited Conduct towards Customer Service

When communicating with our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and behaving inappropriately anyhow.

If your behavior towards any of our representatives is such as described above, we may terminate your membership.

8. Prohibited Uses

When accessing and using the HabitONE Website, you agree not to engage in any of the following prohibited activities:

  • Illegal Activities: Using the Website or its services for any unlawful purpose or to violate any applicable local, state, national, or international laws or regulations, including, without limitation, all laws associated with international money transfers.

  • Unauthorized Use: Attempting to gain unauthorized access to the Website, its servers, or any connected networks. This includes hacking, password mining, or any similar means. 

  • Disruption of Service: Interfering with or disrupting the normal operation of the Website, including the servers or networks connected to it. This includes transmitting viruses, malware, or any other harmful software.

  • Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

  • Resale or Redistribution: Purchasing Products from the Website for the purpose of resale or commercial distribution. 

  • Restricted Access Jurisdictions: Accessing or using the Website from jurisdictions where such access is prohibited or unauthorized.

  • Violation of Intellectual Property: Copying, reproducing, distributing, or using any content from the Website, including text, images, or other materials, without obtaining prior written permission from HabitONE and/or damaging our IP rights. This includes modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or disassembling any part of the Website or its software, or encouraging others to do so.

  • Competing Services: Creating or attempting to create databases, websites, software, legal entities, or other services that compete with the Website.

  • Harmful Use: Engaging in any activity that violates these Terms, creates liability for HabitONE, disrupts its services, or causes HabitONE to lose, in whole or part, the services of ISPs or other suppliers.

  • Harassment or Abuse: Engaging in behavior that is threatening, abusive, harassing, defamatory, or otherwise objectionable towards HabitONE, its staff, or other users.

  • Data Collection: Using automated tools, bots, or other methods to scrape or collect data from the Website without our prior written consent.

  • Advertising or Solicitation: Using the Website to distribute unauthorized advertisements, promotional materials, or other forms of solicitation.

HabitONE reserves the right to investigate and take appropriate legal action for any violations of these prohibited uses, including suspending or terminating access to the Website or its services. If you suspect misuse or encounter any prohibited activities, please report them to our customer support.

9. Intellectual Property

This Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of HabitONE or its subsidiaries or affiliated companies and/or third-party licensors. 

You specifically acknowledge that these Terms do not confer upon you any interest in or right to use any trademark or service mark of HabitONE or its affiliated companies unless you first receive our prior written consent. 

9.1. License

Unless otherwise expressly stated in writing by HabitONE, by agreeing to these Terms you are granted a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to access and use our Website.

The Website may permit the sharing of content by you and other users, including but not limited to information, opinions, recommendations, and/or feedback that you may provide the Website in connection with the Website and/or Products (collectively, “User Submissions”). Your User Submissions may be made publicly available through the Website. 

Subject to these Terms, by submitting User Submissions you hereby grant the Website a worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, sub-licensable, assignable and transferable license to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise commercially exploit the User Submissions in connection with the Website and Products, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. 

9.2. Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Website infringes your intellectual property right, please promptly send a written “Notification of Claimed Infringement” to our customer support team via email indicated at the end of the Terms below. Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.  

You should consult with your own lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.

HabitONE reserves the right to seek damages from any party that submits a false notification in violation of the law, as provided for by applicable law.

10. Representations and Warranties

HABITONE STRIVES TO PROVIDE HIGH-QUALITY PRODUCTS AND SERVICES, BUT WE CANNOT GUARANTEE THAT YOUR USE OF OUR WEBSITE OR PRODUCTS WILL ALWAYS MEET YOUR EXPECTATIONS. ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

No Guarantee of Health Outcomes. HabitONE makes no representations that any Product will achieve any particular health, fitness, nutritional, or wellness result for any individual user. All references to ingredients, nutrients, or suggested use on the Website are provided for informational and educational purposes only and do not constitute medical claims.

Scientific Research Disclaimer. Some content on the Website may reference scientific studies, clinical research, or ingredient efficacy data. Such references are provided for informational purposes only. The science of nutrition and supplementation is continually evolving, and HabitONE does not warrant that such research is complete, conclusive, or applicable to your specific circumstances.

Ingredient Variability. Natural and functional ingredients may vary in potency, composition, or appearance due to sourcing, seasonal, or manufacturing factors. HabitONE does not warrant the absolute uniformity of ingredients across production batches, to the extent permitted by applicable law and consistent with quality control standards.

Third-Party Information. The Website may contain information sourced from or referencing third-party studies, publications, or sources. HabitONE does not warrant the accuracy, completeness, or currency of any such third-party content.

Endorsements and Testimonials Disclosure. Some reviews, testimonials, or other content featured on the Website may be from sponsored users, brand ambassadors, or users who received complimentary products in exchange for their feedback, as required to be disclosed under applicable FTC guidelines. HabitONE does not guarantee that any testimonial reflects the typical experience of all users. 

We do not warrant that your use of the Website will be uninterrupted, error-free, secure, or timely. We do not guarantee that the results obtained from using our services or Products will be accurate, reliable, or meet your expectations. The Website and all Products and services offered through it are provided without any implied warranties or conditions, including but not limited to warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. You agree that the use of the Website and HabitONE’s Products is at your sole risk. HabitONE does not guarantee results or outcomes from using its Products.

HabitONE reserves the right to change or remove any content, modify or suspend access to the Website, or discontinue any features, functionality, or the availability of Products at any time without prior notice. Such changes may occur without obligation or liability to you, ensuring the flexibility to adapt to evolving needs and circumstances.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HABITONE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTS, OR ANY SERVICES PROVIDED. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR LOSSES, REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Once your order has been handed over to the delivery company, HabitONE is no longer responsible for any delays, loss, or damage that may occur during transit. Any such issues should be addressed directly with the delivery company. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.

For claims related to the purchase or use of Products, HabitONE’s total liability shall not exceed the amount paid for the specific Product(s) giving rise to the claim. For claims related to access or use of the Website or services, HabitONE’s total liability shall not exceed the greater of $250 or the total amount you paid to HabitONE in the one (1) month period immediately preceding the claim.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HABITONE SHALL NOT BE LIABLE FOR ANY ADVERSE REACTIONS, HEALTH EFFECTS, OR MEDICAL CONDITIONS ARISING FROM YOUR USE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ALLERGIC REACTIONS, INTERACTIONS WITH MEDICATIONS OR OTHER SUPPLEMENTS, OR REACTIONS ARISING FROM A PREEXISTING MEDICAL CONDITION, WHERE SUCH PRODUCTS WERE USED IN ACCORDANCE WITH THE PROVIDED DIRECTIONS FOR USE.

HABITONE DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS ARE SAFE FOR USE IN COMBINATION WITH ALL MEDICATIONS, SUPPLEMENTS, OR MEDICAL TREATMENTS. YOU ASSUME FULL RESPONSIBILITY FOR DETERMINING WHETHER ANY PRODUCT IS APPROPRIATE FOR USE GIVEN YOUR INDIVIDUAL HEALTH CIRCUMSTANCES.

HABITONE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE, AVAILABILITY OF PRODUCTS, OR FULFILLMENT OF ORDERS RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, SUPPLY CHAIN DISRUPTIONS, GOVERNMENT ACTIONS, CARRIER FAILURES, LABOR DISPUTES, OR PANDEMICS.

IN THE EVENT OF A VOLUNTARY OR MANDATORY PRODUCT RECALL INITIATED BY HABITONE OR REQUIRED BY ANY REGULATORY AUTHORITY, HABITONE'S SOLE OBLIGATION TO YOU SHALL BE TO PROVIDE INSTRUCTIONS FOR RETURNING OR DISPOSING OF THE AFFECTED PRODUCT AND, WHERE APPLICABLE, TO OFFER A REPLACEMENT OR REFUND FOR THE AFFECTED PRODUCT(S). HABITONE SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH SUCH RECALL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST HABITONE, ITS AFFILIATES, AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, would have materially affected their settlement with the debtor."

12. Disclaimers

UPON DELIVERY, YOU ARE SOLELY RESPONSIBLE FOR THE PROPER HANDLING, STORAGE, AND USE OF THE PRODUCTS YOU RECEIVE. THIS INCLUDES READING ALL PRODUCT LABELS, WARNINGS, AND INFORMATION PROVIDED WITH THE PRODUCTS. HABITONE IS NOT RESPONSIBLE FOR ANY ADVERSE REACTIONS OR ISSUES ARISING FROM THE MISUSE, IMPROPER STORAGE, OR FAILURE TO FOLLOW THE PROVIDED GUIDANCE.

YOU ARE RESPONSIBLE FOR KNOWING YOUR ALLERGIES OR SENSITIVITIES. VERIFY INGREDIENTS AND ALLERGEN INFORMATION ON THE PRODUCT PACKAGING BEFORE USE. HABITONE IS NOT LIABLE FOR ALLERGIC REACTIONS OR ISSUES FROM LISTED INGREDIENTS.

HABITONE STRIVES TO DISPLAY PRODUCT IMAGES AND INFORMATION ACCURATELY, BUT PRODUCTS MAY DIFFER SLIGHTLY IN APPEARANCE, PACKAGING, OR DETAILS DUE TO MANUFACTURING, SUPPLY ISSUES, OR OTHER FACTORS BEYOND OUR CONTROL.

STATEMENTS REGARDING THE EFFICACY OF OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA). THE FDA DOES NOT EVALUATE OR TEST HERBS. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. 

WE ENCOURAGE YOU TO CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE USING OUR PRODUCTS, ESPECIALLY IF YOU’RE PREGNANT, NURSING, TAKING MEDICATION, OR MANAGING A MEDICAL CONDITION. THE INFORMATION ON THE WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION. 

IF YOU ARE CURRENTLY TAKING ANY PRESCRIPTION OR OVER-THE-COUNTER MEDICATIONS, OR IF YOU HAVE BEEN DIAGNOSED WITH ANY MEDICAL CONDITION, YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE USING ANY HABITONE PRODUCT. SOME DIETARY SUPPLEMENTS MAY INTERACT WITH CERTAIN MEDICATIONS OR MAY BE CONTRAINDICATED FOR SPECIFIC CONDITIONS. HABITONE IS NOT LIABLE FOR ANY ADVERSE EFFECTS ARISING FROM SUCH INTERACTIONS WHERE YOU FAILED TO CONSULT A QUALIFIED HEALTHCARE PROVIDER.

NOTHING ON THE WEBSITE OR IN CONNECTION WITH ANY HABITONE PRODUCT SHOULD BE CONSTRUED AS A RECOMMENDATION TO DELAY, MODIFY, OR DISCONTINUE ANY PRESCRIBED MEDICAL TREATMENT OR THERAPY. HABITONE IS NOT RESPONSIBLE FOR ANY HARM RESULTING FROM YOUR DECISION TO RELY ON OUR PRODUCTS IN LIEU OF OR IN ADDITION TO PRESCRIBED MEDICAL CARE WITHOUT CONSULTING YOUR HEALTHCARE PROVIDER.

ANY TESTIMONIALS, REVIEWS, OR REPORTED OUTCOMES DISPLAYED ON THE WEBSITE REFLECT THE INDIVIDUAL EXPERIENCES OF SPECIFIC USERS AND ARE NOT NECESSARILY REPRESENTATIVE OF ALL USERS. INDIVIDUAL RESULTS WILL VARY BASED ON A WIDE RANGE OF FACTORS, AND HABITONE DOES NOT WARRANT THAT ANY USER WILL EXPERIENCE SIMILAR RESULTS.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold HabitONE, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors, and assignees harmless from and against all losses, costs, liabilities, and expenses including reasonable attorneys’ fees, asserted by any third party resulting from or in any way connected with or related to your use of or conduct on the Website and/or your breach of this Agreement and/or any of your representations and warranties set forth above.

HabitONE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify HabitONE in connection therewith.

14. Privacy

We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Website is governed by our Privacy Policy. It contains important information and disclosures relating to the collection and use of your personal information by us.

15. INFORMAL DISPUTE RESOLUTION PROCEDURES

PLEASE READ THIS PROVISION CAREFULLY TO ENSURE THAT YOU UNDERSTAND—THIS SECTION CONTROLS HOW DISPUTES BETWEEN YOU AND HABITONE WILL BE ADDRESSED.

BY AGREEING TO THIS PROVISION, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.

YOU ARE ALSO AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND HABITONE THROUGH BINDING ARBITRATION UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS PROVIDED BELOW.

You and HabitONE agree to resolve all Disputes (including any related disputes involving HabitONE, its subsidiaries, or its affiliates) through binding arbitration, as described below, except for: (i) claims that fall within the jurisdiction of a small claims court, provided such claims are not class action disputes and also meet the court's jurisdictional and monetary limits; and (ii) disputes related to intellectual property rights. A "Dispute" means any claim, controversy, or legal action—whether arising from past, present, or future events, and based on contract, tort, statute, or common law—between you and HabitONE regarding the Website, Services, or this agreement (the "Arbitration Agreement"). "Dispute" also includes disputes about the interpretation, applicability, or enforceability of these terms or the formation of this Arbitration Agreement, including whether any part of it is invalid or unenforceable.

15.1 Mandatory Pre-Filing Notice Procedure

You and HabitONE agree that good faith, informal efforts to resolve disputes often result in a faster, inexpensive outcome. Therefore, if you intend to assert a claim for any Dispute (as defined above) against HabitONE, you must first send HabitONE a written notice of the Dispute ("Notice") that gives HabitONE some basic information about you and the Dispute. Any Notice must include (i) your name, address, and email address, (ii) a detailed description of your Dispute; (iii) any relevant facts regarding your use of the Website and Service (including your account ID, profile screenshots, and anything else that will help us identify your account); (iv) a detailed description of the relief you are seeking, including a calculation of any money damages you are seeking; and (v) a personally signed statement from you (and not your attorney) verifying the accuracy of the information in the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute. If you are filling out a Notice for another person, you must include all information described above, and also a statement describing your relationship to the person and why the person is unable to fill out the Notice for themselves.

You must send the Notice to HabitONE at the following address:

Alovira Corp 

3753 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89169 

Attention: Legal

If HabitONE needs to send you a Notice, it will send the Notice to you at the contact information available for you, which may include, if applicable, the contact information associated with your account.

After HabitONE receives a Notice, you and HabitONE agree to engage in good faith efforts to resolve the Dispute between us for a period of 60 days through informal negotiation. The 60-day period can be extended if you and HabitONE agree that such an extension is likely to lead to resolution. As part of the informal negotiation process, you and HabitONE agree that both parties will attend at least one individualized video conference ("Video Conference"). The Video Conference can be via Zoom, Microsoft Teams, WhatsApp, or any other similar platform that you and HabitONE agree on and that both parties have access to. The Video Conference can be held after the 60-day period, if necessary. If you are represented by an attorney in your Dispute, your attorney may participate in the Video Conference, but you are still required to attend and participate in good faith. HabitONE is also required to participate in the Video Conference by sending one or more of its representatives, and HabitONE may also send one or more of its attorneys. If you are unable to participate in the Video Conference by video, you may attend telephonically if you certify in writing that circumstances exist that prevent you from appearing by video (such as your lack of access to a phone with a working camera or your inability to connect to a stable internet connection). You and HabitONE agree to work cooperatively to schedule the Video Conference at the earliest mutually-convenient time after HabitONE receives a Notice. You and HabitONE also agree to use best efforts to resolve the Dispute at the Video Conference. If you and HabitONE cannot resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed), you or HabitONE may commence an arbitration proceeding or a small claims court proceeding.

Compliance with these Informal Dispute Resolution Procedures is Mandatory and Pre-Filing Notice procedures (including the Video Conference requirement) are a condition precedent to initiating any arbitration or small claims court action. Failure to follow the procedures is a breach of this Arbitration Agreement.

The Mandatory Pre-Filing Notice procedures are essential so that you and HabitONE have a meaningful opportunity to resolve Disputes in an inexpensive and efficient manner. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration unless the party bringing the demand for arbitration certifies in writing that the Mandatory Pre-Filing Notice procedures (including the Video Conference requirement) were fully satisfied. If the party bringing the demand for arbitration fails to include a written certification that the Pre-Filing Notice procedures (including the Video Conference) were met, then the arbitration forum shall administratively close the demand for arbitration and no fees shall be due from the responding party. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.

All offers, promises, conduct, and statements made in the course of the Mandatory Pre-Filing Notice process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except as required to certify in writing that the Mandatory Pre-Filing Notice procedures were completed before submitting a demand for arbitration). Evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable by this section.

15.2 Small Claims Court

Subject to applicable jurisdictional requirements and Mandatory Pre-Filing Notice requirements explained above, you or HabitONE may elect to pursue a Dispute in a local small claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will administratively close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

15.3 What is Arbitration?

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award some of the same individualized damages and relief that a court can award. An arbitrator cannot, however, order a party to act or stop doing something—this is known as "equitable relief." Either you or HabitONE may go to court and seek equitable relief, including by filing a motion to compel the other party to follow this Arbitration Agreement. However, you and HabitONE agree that the only courts where equitable relief will be sought are the state and federal courts in Delaware. This exception for equitable relief does not waive this Arbitration Agreement. You and HabitONE agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these terms and the termination of your account.

15.4 CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND HABITONE WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT DESCRIBED ABOVE). YOU AND HABITONE EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST THE OTHER, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST HABITONE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS.

EXCEPT FOR THE MASS FILING PROCEDURES DESCRIBED BELOW, YOU AND HABITONE AGREE THAT:

  • THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM.

  • THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

IF A COURT DETERMINES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE FOR A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND HABITONE AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCEDURE) SHALL BE NULL AND VOID.

15.5 Arbitration Procedure

The arbitration will be governed by applicable rules of National Arbitration & Mediation ("NAM") (including the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by this Arbitration Agreement, and will be administered by NAM. The NAM Rules are available online at www.namadr.com or by requesting them in writing at the Notice address listed above. You may obtain a form to initiate arbitration with NAM at: https://www.namadr.com/content/uploads/2024/03/Comprehensive-Demand-for-Arb-revised-3.21.2024.pdf or by contacting NAM.

If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.

You and HabitONE agree that the party initiating arbitration must submit a written certification that they have complied with and completed the Mandatory Pre-Filing Notice and Informal Dispute Resolution Procedures requirements enclosed with any demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their attorney, if represented).

The arbitration will be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the NAM Rules, as modified herein. You and HabitONE agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties or the arbitrator decides that a formal hearing is necessary; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

If an in-person hearing is required and you reside in the United States, the hearing will take place in Delaware, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant's state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the NAM Rules.

The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Florida in conducting the arbitration. You acknowledge that these terms and your use of the Website evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings.

The Arbitrator is bound by and shall adhere to this Arbitration Agreement. In the event NAM Rules conflict with this Arbitration Agreement, the terms of this Arbitration Agreement shall control. If the Arbitrator determines that strict application of any term of this Arbitration Agreement would result in a fundamentally unfair arbitration, then the Arbitrator shall have the authority to modify such term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with efficient and inexpensive resolution of Disputes.

Unless you and HabitONE otherwise agree, the arbitration will be conducted virtually via video or teleconference.

15.6 Decision of the Arbitrator

Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.

The arbitration award is binding only between you and HabitONE and will not have any preclusive effect in another arbitration or proceeding that involves a different party.

15.7 Fees

The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, HabitONE will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith.

You and HabitONE agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.

15.8 Confidentiality

Upon either your or HabitONE's request, the Arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.

15.9 Settlement Offers and Offers of Judgment

At least ten (10) calendar days before the date set for the arbitration hearing, you or HabitONE may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys' fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties' attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

15.10 Additional Procedures for Mass Arbitration Filings

The following provisions set forth additional procedures that apply to mass arbitration filings. If ten (10) or more similar claims are asserted against HabitONE by the same or coordinated attorneys or are otherwise coordinated, consistent with the definition and criteria of "Mass Filings" set forth in the NAM Rules, you and HabitONE understand and agree that these additional procedures shall apply and the resolution of your dispute might be delayed. You and HabitONE agree that throughout this process, attorneys shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You and HabitONE agree to make all reasonable efforts to maximize the integrity and efficiency of arbitration to resolve Disputes, particularly those involving Mass Filings, and further commit to acting in good faith to adhere to the procedures established in this section. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims.

Bellwether Arbitrations for Mass Filings. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated as the "Initial Test Cases," to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be held in abeyance, and neither you nor HabitONE will be required to pay any such filing fees. You and HabitONE also agree that neither party shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither party shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.

Global Mediation in Mass Filings. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing ("Global Mediation"), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the parties are unable to resolve the outstanding claims during the Global Mediation, the parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider. You and HabitONE also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.

Severability. If any part of this Mass Arbitration provision is declared invalid, void, or unenforceable, then that provision is severable from the Arbitration Agreement and shall not affect the validity and enforceability of the remaining provisions.

15.11 Opting Out of this Arbitration Agreement

Existing Users. Users who previously agreed to arbitrate may reject this updated Arbitration Agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these terms. Previous or existing users who do not opt out of this updated Arbitration Agreement will be bound by this Arbitration Agreement and it shall apply to all disputes between such users and HabitONE, including those arising (but not actually filed in arbitration) before the effective date of these terms. Arbitration demands that have already been actually filed with an arbitration provider before the effective date of this Arbitration Agreement and in compliance with a prior version of this Arbitration Agreement are subject to the prior version's terms.

New Users. Users who create an account with HabitONE for the first time on or after 05/08/2026 may opt out of this Arbitration Agreement.

Method and Impact of Opting Out. Subject to the above, you may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: help@habitone.co, (1) within 31 days after the Arbitration Agreement became effective, as indicated in the "Last Updated" date of the terms, or (2) within 31 days of your first use of the Website. Your notice must include:

  • Your name

  • Your username (if any)

  • The email address and/or phone number you used to set up your account (if you have one)

  • An unequivocal statement that you want to opt out of this Arbitration Agreement

If you opt out of this Arbitration Agreement, all other parts of the terms and any other agreements between you and HabitONE will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with HabitONE.

Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with HabitONE, including any revocation of consent or other action by you to end your participation in the Service or any communication with HabitONE.

Severability. If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Any disputes not subject to arbitration will be resolved exclusively in courts located in the State of Delaware.

17. Termination of Use

HabitONE may suspend or terminate your account and access to the Website at any time if you violate these Terms or engage in fraudulent activity. Termination does not relieve you of your payment obligations for past purchases or subscriptions.

18. Electronic signature

You further acknowledge and agree that by clicking on a button labeled "CONNECT NOW", "PAY", "BUY WITH GOOGLE PAY", "BUY WITH APPLE PAY", "I ACCEPT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.

Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Website.

Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction, which require an original signature, delivery, or retention of non-electronic records, or payments by other than electronic means.

19. Miscellaneous

These Terms constitute the entire agreement between you and HabitONE regarding your use of the Website and our Products, superseding any prior agreements or communications. After your account is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of HabitONE. 

To the fullest extent permitted by applicable law, you agree that any claim or dispute arising out of or relating to these Terms, the Website, or any Products must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. This waiver applies regardless of whether the dispute is resolved through arbitration or litigation. 

20. Cookie Policy

HabitONE uses cookies and other tracking technologies to improve website functionality, enhance user experience, and analyze site performance and traffic (“Cookies”). Information collected through Cookies may be shared with third-party service providers, including analytics, advertising, and social media partners, in accordance with our Privacy Policy & Cookie Policy. For additional details regarding our use of Cookies and data-sharing practices, please refer to these policies.

21. Contact information

Please contact our support team with any questions regarding the Terms.

E-mail: help@habitone.co