TERMS AND CONDITIONS OF USE
Thank you for your interest in Aura Imaging, Inc. (“Aura Imaging”, “We”, “Us”, “Our”), Our products and services. Your access to and use of Aura Imaging’s content, products and/or services, including, but not limited to, any software, computer interfaces, electronic files and downloads, photographs, audio files, audiovisual works, maps, graphs, blueprints, user-generated content, information, pamphlets, user account registration, user requested newsletters and/or e-mail notifications, the Aura Imaging website, https://www.auraphoto.com/(the “Website”), its contents and services, links to third party website and retail portals, and Our hardware, including without limitation, Our human computer interface devices, cameras and counters (all of the foregoing, collectively, the “Services”) shall be governed by these Terms and Conditions of Use stated herein (the “Terms”), and are based on your adherence to and acceptance of such Terms. Please read these Terms carefully before using any of Our Services. You expressly acknowledge that you have been advised of these Terms upon entering the Website or accessing and/or using the Services and have had access to the same.
BY USING THE WEBSITE OR ANY OF OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO CONTINUE TO ACCESS OR USE THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT ACCESS OR USE OUR SERVICES.
We may at any time revise these Terms without notice. It is your responsibility to regularly review the Terms for any changes. These Terms are available and accessible online on any page of Our Website. Continued use of the Website and/or Services following any change to these Terms will be deemed an acceptance of such modified Terms. Any such changes, modifications or alterations to these Terms may affect your use of the Website and/or Services, all without liability or responsibility of Us.
We have created this Website to provide you with information about the products and services We offer and the industries in which We operate.
The purpose of these Terms is to provide you with adequate notice regarding the terms and conditions that govern your use of Our Services, and to protect the interests of Aura Imaging in its proprietary materials distributed to you in connection with your use of the Services, including all Intellectual Property, as the term is further defined below.
Unless mutually agreed upon in a separate writing, the rights granted to you under these Terms are limited to accessing and displaying or otherwise making available the Services. The Website, along with its content and services, are available as a resource for your personal, non-commercial use, and may not be used as a part of any advertisement, promotion or other commercial endeavor. Your use of Our Services is intended for entertainment and/or information only.
You shall not change, tamper, dismantle augment, misrepresent, modify, reproduce, redistribute, or frame any of the content contained on the Website, or received via the use of the Services, or remove, change or obscure any Aura Imaging Marks or any product identification or notices of proprietary rights and restrictions in the Services, including, without Our express, advanced, written consent and those of any relevant third party affiliates. You shall not use the Services in any way that causes detriment to Us, is derogatory, harms Our goodwill or brings Us into disrepute. By using Our Services, you expressly agree to not reverse-engineer, disassemble or decompile any portion of the Services. You further agree to take appropriate actions to protect Our Services and all parts thereof from unauthorized copying, modification, or disclosure by you or third-parties. You shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services and shall notify Us immediately of any such known or suspected unauthorized use or other known or suspected breach of security. You may not use the Services if you are a direct competitor of Us for purposes of monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purposes.
You agree that access to and use of the Services is subject to these Terms, prohibiting unauthorized redistribution and publication and protection of Our Intellectual Property rights, as further defined below. You acknowledge Us as the owner and provider of the Services, and in no event shall you claim ownership of the content received and/or derived via your use of the Services. You shall not represent yourself as Aura Imaging or an agent or partner of Aura Imaging or make any representations, warranties or guarantees to third parties with respect to the Services. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your access to and use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You shall not have any rights to assign, transfer or convey this agreement to any third party.
All content accessible via the Services, including all logos, text, images, audio, video, diagrams, graphs and maps, as well as their collection, arrangement, assembly and presentation, with the exception of third party trademarks or logos, unless otherwise explicitly noted, is the sole and exclusive property of Aura Imaging or its affiliated content suppliers and is protected by copyright and/or other intellectual property laws. You may not use the Aura Imaging Marks or any other content derived from the Services without Our express written permission in advance.
The designations, Aura Imaging, AuraCam, Aura Camera, Aura Camera 3000, Aura Camera 6000, WinAura, WinAura Star, WinAura Light, WinAura Pro, AuraMaster, Aura Master, Aura Master Pro, AuraPhoto Star, Aura Status Report, Aura Status Report 2.6, Coggins Camera, Imaging Color Spectrometer, Imaging Color Spectrometer 3000, IRUV, Halo View, Aura 3D and Progen (collectively, the “Aura Imaging Marks”) are all trademarks owned and used by Us and may not be used without Our express written permission. The Aura Imaging Marks may not be used in connection with any product or service that is not Ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aura Imaging or its affiliated partners. Other products, services or company names used on the Website may be trademarks of their respective owners.
You further acknowledge and agree that Aura Imaging, or its third party affiliates or content suppliers, own all right, title and interest in and to all intellectual property contained in and/or used via the Website and/or Services, including without limitation, any and all patents, know-how, trademarks, service marks, copyrights, rights in passing off, database rights, rights in commercial or technical information, or any other rights in any invention, discovery or process, as well as any other intellectual property rights, whether registered or unregistered, and including applications for the grant of any such rights and all rights or forms of protection having equivalent or similar effect in each case in the United States and anywhere else around the world (“Intellectual Property”). You shall not acquire any right, title, or interest in or to the Website, the Services or any content contained and/or provided therein via your use of the Services, excluding User Content.
Further, you acknowledge and agree that any communication or material that you transmit to Us via the Website, Services, electronic mail or otherwise, excluding personally identifiable data about yourself, including, but not limited to, any data, questions, answers, comments, suggestions, photographs, audiovisual works, maps, graphs or the like (“User Content”) will be treated as non-confidential and non-proprietary by Us. By sending User Content to Us, you automatically grant Us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such User Content alone, or as part of other works in any form, media, or technology, whether now known of or hereafter invented, and to sublicense such rights to anyone.
To the extent permitted by law, you waive your droit “moral” rights (the right to be identified as author or to object to derogatory treatment) in any User Content transmitted to Us via your use of the Website, Services, electronic mail or otherwise.
U.S. DIGITAL MILLENIUM COPYRIGHT ACT
If you are the owner of a U.S. copyright, or a U.S. copyright owner’s agent, you may submit notification, pursuant to the Digital Millennium Copyright Act (“DMCA”), if you believe any content on the Website infringes upon your copyrights. To provide adequate notice, you must submit to our Copyright Agent the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- Identify the copyrighted work claimed to have been infringed;
- Identify the alleged infringing material requested to be removed, including information reasonably sufficient to have our Copyright Agent locate the material;
- Information reasonably sufficient to permit our Copyright Agent to contact you, such as a mailing address, e-mail address and telephone number;
- A statement indicating you have a good faith belief that the alleged infringing material is not authorized by the copyright owner;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information submitted in the notification is accurate; and
- A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or his or her authorized agent.
You may direct all copyright infringement notifications to our DMCA Agent, Michael W. Schroeder of Reyes & Schroeder Associates, P.C., at 1300 W. Beverly Blvd., Montebello, CA 90640; email:firstname.lastname@example.org; fax: 855-710-7622 (our “Copyright Agent”). Please only submit DMCA notices to the Copyright Agent. All other feedback, comments, requests for technical support, or other communications should be directed to the Site owners. You acknowledge that if you fail to comply with all of the above DMCA requirements, your DMCA notice may not be valid.
Counter-Notice: If you believe your content was inaccurately removed or disabled, due to your claim of ownership over the alleged infringing material, or of authorization from the copyright owner or his or her agent, or, pursuant to the law, you believe you are allowed to post the material in the alleged infringing content, you may send a counter-notice containing the following information to the Copyright Agent, containing the following information:
- Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled;
- A statement that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, e-mail address, telephone number, a statement that you consent to arbitration in California, and a statement that you will accept the service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a counter-notice is received by the Copyright Agent, the Website owners may send a copy of the counter-notice to the original complaining party informing that individual that the Website may replace the removed material or cease disabling it in 10 business days. Unless the complaining party copyright owner files an action seeking a court order against the allegedly infringing content provider, the removed content may be replaced, or access restored, within 10 to 14 business days or more, following receipt of the counter-notice.
LINKS TO OTHER WEBSITES:
Some links on the Website take you to other websites. These other websites may not be under the control of Aura Imaging, and We are not responsible for their content, action or re-direction. We are providing these links as a convenience, and in doing so does not imply support or endorsement of any kind.
You may sign up to create a Customer Account while accessing and using Our Website and Services. The Customer Account allows you access to certain portions of the Services, including without limitation, e-mail notifications, newsletters, event notifications and admission, and online product purchases. The Customer Account is subject to and conditioned upon these Terms.
USER E-MAIL LIST SUBSCRIPTION:
PURCHASES MADE VIA THE WEBSITE/SERVICES:
Any products that you purchase in connection with Our Services may be subject to additional terms and conditions, provided to you in advance via an Invoice. You acknowledge that certain products may be governed by their own terms and conditions, provided separately from these Terms via an Invoice, but subject to strict adherence and compliance with these Terms. You should read and understand all such terms and conditions of use before purchasing and/or using such products.
You are solely responsible for providing all user data required for the proper operation of the Services (“User Data”), as well as for the accuracy, integrity, reliability, appropriateness and intellectual property ownership or right to use of all such User Data. We are under no obligation to review User Data for accuracy, acceptability or potential liability. By using the Services, you grant Us all necessary licenses in and to such User Data. You may be required to maintain and use secure user names and passwords issued by Us for the access and use of the Services. You shall be solely responsible for ensuring the security and confidentiality of such user names and passwords. You are solely responsible for all activities that occur under any of your user names and passwords.
WARRANTY AND DISCLAIMER:
We shall deliver the Services in accordance with their promoted description and purpose, using reasonable skill and care in accordance with the standards of the industry, but make no warranty or representations of any kind, express or implied, in respect to any outcomes or results. All of the information provided via your use of the Services is strictly for entertainment and/or informational purposes only. Under no circumstances do Our Services purport to provide health or medical information of any kind.
Although We make every effort to ensure the information presented on the Website and provided to you via use of Our Services is truthful and accurate, the Website and Services are provided on an “AS IS” and “WITH ALL FAULTS” basis. We make no representations or warranties of any kind, express or implied, as to the operation, content, accuracy, sufficiency or completeness of this Website, its content, the Services, or any other website to which We have provided a link.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE REGARDING THE SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED.
LIMITED HARDWARE WARRANTY:
Notwithstanding the above, and subject to the limitations, exclusions and disclaimers set forth below, We warrant that any of Our hardware, purchased by you from Us, or an authorized distributor, for the purpose of accessing and/or using Our Services, including without limitation Our human computer interface devices, cameras and user interfaces (“Our Hardware”), shall be free from defects in material and/or workmanship.
This warranty period shall be limited to two (2) years following the original purchase date, and may be exercised only by an original purchaser of Our Hardware. The measuring date for the continuation of the warranty shall be the purchase date by the original purchaser from Us or one of Our authorized distributors.
If during the Limited Hardware Warranty period, Our Hardware is defective in material or workmanship, We, at our option, will repair or replace the defective product and will ship by any reasonable method as determined at Our sole discretion.
This Limited Hardware Warranty only extends to Our Hardware that We manufacture directly. Any other products or components included with the Services are subject to the warranty, if any, of their respective manufacturers, however, you may not rely on any representation or warranty by a third party as a representation or warranty of Aura Imaging. We shall have no obligation to repair, replace, or exchange products manufactured by others. Further, We shall have no obligation under this Limited Hardware Warranty if Our Hardware has been damaged due to abuse, improper ventilation, fire, water, disaster, shipping, acts of nature, misuse, neglect, smoke exposure (cigarette or otherwise), accident, unusual physical or electrical stress and/or power surges, unauthorized modifications, tampering, alterations, service other than by Us or one of Our authorized affiliates, or failure caused other than from ordinary use or failure to properly use Our Hardware. This Limited Hardware Warranty excludes any repairs other than defects in material or workmanship, including without limitation, cleaning, repair, or replacement of any component of Our Hardware due to cosmetic damage and/or damage as a result of normal wear.
THIS WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY OTHER WARRANTIES. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SOFTWARE END USER LICENSE AGREEMENT:
If you are the United States Government or any agency thereof, each of the components of Our software and user documentation are a “commercial item,” and “computer software” as those terms are defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all United States government Customers acquire only those rights in the Software and user documentation that are specified in this Agreement.
So long as We continue to support the version of any of Our software that you purchased, We shall provide support and service which consists of technical support via phone, e-mail, remote desktop or any other reasonable method for one year following the date of your purchase. However, if We stop supporting the software version you purchased less than one year after the date of your purchase, We shall provide you with comparable software that We currently support at no cost to you.
For Technical Customer Support please contact:
Aura Imaging Technical Support
11620 Wilshire Blvd, Floor 9
Los Angeles, CA 90025
LIMITATION OF LIABLITY:
Aura Imaging, its Directors, agents and/or employees, will not be liable for any loss or damages of any kind arising from the use of, or inability to use, the Services, its content, the Website, or any other website, content, or services to which We have provided a link on our Website, including, but not limited to, direct, indirect, incidental, compensatory, punitive, special, consequential or exemplary damages, lost profits, lost sales or business, anticipated revenue, interest, expenditures, investments or commitments in connection with any business, loss of goodwill, loss of use, or other such claims arising from any causes whatsoever, irrespective of whether We had been informed of, knew of, or should have known of the likelihood of such damages, claims or losses. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. You agree to bear the entire risk as to quality, accuracy or performance of the Services and its content.
AURA IMAGING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR ANY AND ALL OTHER DAMAGES OR LOSS WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We shall not be liable for any loss resulting from a cause over which We do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities, telephone or telephone service; discontinuance of corollary products; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Services.
You expressly agree to indemnify, defend and hold Aura Imaging and its employees, directors, officers, agents, assigns, third-party providers, and each of Our parents, subsidiaries and/or affiliates, and their partners, officers, directors, agents, representatives, employees, shareholders, successors and assigns (the “Indemnities”) harmless from and against any and all liability and expenses, including without limitation, defense costs and attorneys’ fees and expenses (“Claims”), arising out of your use of the Services, or the dissemination and possession of any content you received via your use of the Services. Without limiting anything set forth herein, you hereby release each of the Indemnities from all Claims of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms and/or any use by you of the Services.
If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We shall have the right in Our sole discretion to terminate your use of the Services if you are found to have used the Services in a manner inconsistent with these Terms. In addition, We may change, suspend or discontinue all or any aspect of the Services, including their availability, at any time, and may suspend or terminate your use of the Website at any time and for any reason.
The construction and performance of the terms of this Agreement will be governed by the internal, substantive laws of the State of California without regard to its choice of law rules.
Subject to and in accordance with the Federal Arbitration Act (“FAA”), any dispute, claim or controversy arising out of or relating to the performance or breach of these Terms, your use of Our Services, the meaning of or obligations imposed by these Terms or the arbitrability of any such question, including any issue as to the jurisdiction of the arbitrator, shall be decided by arbitration in Los Angeles County, California, in front of a single retired judge through JAMS/Endispute, or, in its absence, any similar organization providing the arbitration services of retired judges (“JAMS”), and you and We each hereby mutually and irrevocably consent to such exclusive jurisdiction. If for any reason within 30 days of an arbitration demand, you or We fail to state in writing that you or We will cooperate in selecting the sole arbitrator, then the remaining parties shall select the arbitrator. If for any reason the sole arbitrator is not selected within 45 days of the written arbitration demand, then JAMS shall have sole authority to assign one of its retired judges as the arbitrator. Subject to the provisions set forth in this Arbitration Section, you and We shall be entitled to discovery to the full extent provided in civil actions pending in the Superior Court for Los Angeles County, with the arbitrator deciding any controversies arising during and with respect to such discovery. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The decision of the arbitrator with respect to any issues submitted for determination shall be final and binding upon all of the parties to this Agreement.
CLASS ACTION WAIVER: You and We each hereby expressly, irrevocably and mutually waive any right to assert any claim against one another by means of any class action or representative action, whether as a class representative or as a member of a class. THIS CLASS ACTION WAIVER PRECLUDES A PARTY FROM PARTICIPATING IN OR BEING PRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND WE ARE EACH MUTUALLY GIVING UP EACH’S RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM ONE PARTY MAY HAVE AGAINST THE OTHER. If for any reason, notwithstanding the foregoing waiver, the arbitration clause set forth in this Agreement is deemed inapplicable or invalid, you hereby waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity, and also waive rights to a jury trial. If, notwithstanding the foregoing, a court of law permits a party to these Terms to participate in a class or representative action, then the parties hereto nevertheless agree that the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action, and the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action. You may opt-out of this Class Action Waiver by providing written notice to Us within thirty (30) days of you first accessing and/or using Our Services.
Failure by Us to insist upon strict performance of any part of these Terms, or delay in or failure to exercise any rights or remedies to which it is entitled, shall not constitute a waiver of such right or remedies, nor shall termination of these Terms by Us operate as a waiver of any of its terms. Any express waiver of any breach of these Terms by Us does not constitute a waiver of any subsequent breach of these Terms. Waivers shall only be valid if recorded in writing and signed by the waivor.
If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect as if these Terms had been executed without the invalid, illegal or unenforceable provision.
The provisions of the Warranty and Disclaimer section above, including, without limitation, all provisions pertaining to liability and indemnity, as well as any other paragraphs that are necessary to give effect to that section, shall survive the termination of these Terms. We reserve the right to make changes to the Website and/or Services, including these Terms, at any time.
Aura Imaging, Inc.
11620 Wilshire Blvd., FL 9,
Los Angeles, CA 90025