General Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

These General Terms of Use (these "Terms") govern your use of and access to www.aurascape.ai and other Aurascape operated websites, customer support, discussion forums, or other interactive areas or services, including any content, functionality, and services offered on or through such websites and/or their copies (collectively, the "Site"). These Terms apply to all persons who access or use the Site. The Site is provided by Aurascape, Inc. ("Aurascape", "our" or "us") for informational purposes only, and you may use the Site only if you can form a legally binding contract with Aurascape and only in compliance with these Terms and all applicable laws and regulations. 

By accessing or using the Site, or downloading any materials from the Site, you agree to be bound by these Terms and you acknowledge that you have read and understood our Privacy Notice. 

Please read these Terms carefully and if you do not agree please do not access or use the Site.

Updates to the Terms

Aurascape may make changes to these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site. Unless otherwise noted, amended Terms will be effective immediately, and your continued use of the Site confirm your acceptance of the changes. If you do not agree to the amended Terms you must stop accessing and using the Site.

Trademark Information

Aurascape and the Aurascape logo are trademarks and/or registered trademarks of Aurascape, inc. in the U.S. and other countries. Other company and product names may be trademarks of the respective companies with which they are associated. Aurascape does not grant you any rights to trademarks and you may not use Aurascape's trademarks, logos, or trade names without Aurascape’s prior written permission, and nothing in these Terms shall be construed as granting such permission.

The materials at the Site are subject to copyright and other intellectual property and other proprietary rights of Aurascape or its licensors and any unauthorized use of any materials at the Site may violate copyright, trademark, and other intellectual property or other rights and applicable laws.

Aurascape reserves all rights now granted under these Terms.

Ownership of Site

The Site is copyrighted. It may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Aurascape's prior written permission. Except as expressly provided herein, Aurascape and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret, or any other intellectual property or proprietary right.

User Conduct

Use of the Site is subject to the following restrictions: you may not: (a) modify the Site or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the Site except and only to the extent permitted by applicable law or unless specifically licensed to do otherwise by Aurascape in writing; (c) remove any copyright or other proprietary notices from the Site; (d) transfer the Site to any other person or entity; (e) use the Site for any purpose that is unlawful or prohibited by these Terms; (f) use any robot, spider, scraper, crawler, data mining tool, data gathering or extraction tool, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information though any means not purposely made available through the Site; (g) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of the Site, or Aurascape’s systems or networks, or any systems or networks connected to the Site or to Aurascape; (h) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site; (i) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Aurascape server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means; or (j) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree to prevent any unauthorized copying of the Site. You agree that a breach of this Section shall constitute a material breach of these Terms.

Forward Looking Statements

Information on (or linked to) the Site, other than statements or characterizations of historical fact, may contain forward-looking statements. These forward-looking statements are based on our current expectations, estimates and projections about our industry, management's beliefs, and certain assumptions made by us. These forward-looking statements are subject to a number of significant risks and uncertainties and our actual results may differ materially. Aurascape undertakes no obligation to revise or update any forward-looking statements.

Performance Information

Performance tests and ratings of Aurascape products as presented on the Site are measured using specific computer systems and/or components and reflect the approximate performance of Aurascape products as measured by those tests. Any difference in system hardware or software design or configuration or environmental factors may affect actual performance. You should consult other sources of information to evaluate the performance of Aurascape products you are considering purchasing.

Termination

Aurascape may terminate your access to and use of the Site at any time if Aurascape determines in its sole discretion that you are in breach of these Terms or other terms which may be associated with your use of the Site.

Disclaimer

THE SITE AND OTHER CONTENT OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS". TO THE MAXIMUM EXTENT PERMITTED BY LAW, AURASCAPE, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR ARISING FROM THE SITE AND CONTENT OFFERING ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USAGE OF TRADE, AND COURSE OF DEALING.

NEITHER AURASCAPE NOR ANY OF ITS AFFILIATES OR THIRD-PARTY PROVIDERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, ACCURACY, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER AURASCAPE NOR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ERRORS OR DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AURASCAPE MAY MAKE CHANGES TO SITE OR TO THE PRODUCTS OR SERVICES DESCRIBED THEREIN AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO (AND HAS NO OBLIGATION TO) UPDATE THE SITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AURASCAPE OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANYONE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE AND/OR MATERIALS FROM THE SITE, AND EVEN IF AURASCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A PARTY'S REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE AGGREGATE LIABILITY BY AURASCAPE AND ITS AFFILIATES, AND ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, FOR ANY AND ALL LIABILITIES, OBLIGATIONS, OR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE TERMS SET FORTH THE ENTIRE LIABILITY OF AURASCAPE AND ITS AFFILIATES AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO ACCESS AND USE OF THE SITE.

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnity

You agree to indemnify and hold harmless Aurascape, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnified Parties”) and, at Aurascape’s election, defend the Indemnified Parties from and against any claims or lawsuits, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site. Aurascape reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Aurascape.

User Submissions

Any material, information or other communication you transmit or post to the Site ("Communications") will be considered non-confidential and non-proprietary. You are solely responsible for the Communications, and Aurascape will have no obligations with respect to the Communications. Aurascape and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in any jurisdiction. Any Communication is shared voluntarily at your sole risk and you understand it can be read, collected, used, and modified by those with access to it and Aurascape is not responsible for such Communications including (without limitation) your privacy rights, your proprietary rights, or your legal and regulatory compliance. You acknowledge that Aurascape does not manage or control Communications that you upload, access, store, or distribute through Aurascape servers, and accepts no responsibility or liability for that information regardless of whether such Communication is transmitted to or by you in breach of these Terms. You represent and warrant that you own or have sufficient rights to submit the Communications and to grant the foregoing rights, and the Communications do not infringe on anyone else's rights and will not violate any applicable law.

Links to Other Materials

The linked sites are not under the control of Aurascape and Aurascape is not responsible for the content of any linked site or any link contained in a linked site. Aurascape reserves the right to terminate any link or linking program at any time. Aurascape does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party sites linked to the Site, you do this entirely at your own risk.

Governing Law; Dispute Resolution

You agree that all matters relating to the Site or these Terms and any Disputes (as defined below) will be governed in all respects by the laws of the State of Delaware, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Santa Clara County, California, for any Disputes.

If you have any dispute, claim, or controversy arising out of or relating to the Site or these Terms ("Dispute"), you agree to work in good faith to resolve the Dispute informally with Aurascape. If you have a Dispute, you must first contact Aurascape by mail at Aurascape, Inc., ATTN: Legal, 3200 Coronado Dr., Santa Clara, CA 95054, United States and give Aurascape an opportunity to resolve it.

Compliance

This Site is controlled by Aurascape from its offices within the United States of America. Aurascape makes no representation that the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. If you choose to access the Site from other locations you do so on your own initiative and are responsible for compliance with all applicable local laws. You may not use or export the materials from the Site in violation of U.S. export laws and regulations. Any claim relating to such materials shall be governed by the internal substantive laws of the State of California, United States of America. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms shall continue in full force and effect.

Last Modified: June 19, 2024