Terms of Services
Terms of Services
OVERVIEW
This website is operated by Aura Elemental. Throughout the site, the terms “we”, “us”, and “our” refer to Aura Elemental. Aura Elemental offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please carefully review these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent being at least the age of majority in your state/province of residence, or have given us consent to allow any minor dependents to use this site.
You may not use our products illegally or for unauthorized purposes, violating any laws in your jurisdiction (including copyright laws).
You must not transmit worms, viruses or any destructive code.
Breaching or violating any Term will result in immediate Service termination.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand your content (excluding credit card info) may transfer unencrypted, involving network transmissions and changes to conform to technical connecting network/device requirements. Credit card data is always encrypted during network transfers.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any Service portion, use, access or website contact through which the Service is provided, without our express written permission.
Section headings are for convenience only and will not limit or affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS
We are not responsible if site information is inaccurate, incomplete or outdated. Site material is for general information only and should not be solely relied upon for decisions without consulting primary, more accurate/complete/timely sources. Relying on site material is at your own risk.
This site may contain historical information, which is provided for reference only and not current. We reserve the right to modify site contents anytime, but have no obligation to update information. You agree monitoring site changes is your responsibility.
SECTION 4 – SERVICE/PRICE MODIFICATIONS
Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part/content) without notice at any time.
We are not liable to you or any third party for Service modifications, price changes, suspensions or discontinuances.
SECTION 5 – PRODUCTS OR SERVICES
Certain products/services may be available exclusively online through this website, with limited quantities, and subject to return/exchange per our Return Policy.
We’ve made efforts to display product colors/images accurately as possible, but cannot guarantee your monitor’s color accuracy.
We reserve the right, but are not obligated, to limit product/Service sales to any person, region or jurisdiction on a case-by-case basis, as well as limiting offered quantities. All product descriptions/pricing are subject to change without notice at our sole discretion. We reserve the right to discontinue any product anytime. Site product/service offers are void where prohibited.
We do not warrant purchased/obtained product/service quality, information or other material will meet your expectations, or Service errors will be corrected.
SECTION 6 – BILLING/ACCOUNT ACCURACY
We reserve the right to refuse any order placed with us, potentially limiting/canceling quantities per person/household/order, including orders with the same customer account, credit card, billing and/or shipping address. If we change/cancel an order, we may attempt notifying you using provided contact info. We reserve the right to limit/prohibit orders that appear to be from dealers, resellers or distributors, in our sole judgment.
You agree to provide current, complete and accurate purchase/account information for store purchases, promptly updating account and other details like email, credit card numbers and expiration dates so we can complete transactions and contact you as needed.
See our Returns Policy for more details.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools which we neither monitor nor control.
You acknowledge we provide this “as is”, “as available” access without warranties, representations, conditions or endorsements of any kind. We accept no liability arising from or relating to your use of optional third-party tools.
Using optional tools offered through the site is entirely at your own risk and discretion. Ensure familiarity and approval with relevant third-party provider terms.
We may also offer new services/features through the website in the future, including new tools/resources, which shall also be subject to these Terms.
SECTION 8 – THIRD PARTY LINKS
Our Service may include third-party content, products and services.
Third-party site links may direct you to websites not affiliated with us. We are not responsible for examining/evaluating third-party content accuracy and provide no warranty or liability for third-party materials, websites, products or services.
We are not liable for harm/damages related to purchases/use of goods, services, resources, content or other transactions made via third-party websites. Review third-party policies/practices carefully and ensure understanding before engaging in transactions. Direct complaints, claims, concerns or questions about third-party products to the third party.
SECTION 9 – USER COMMENTS/SUBMISSIONS
If at our request you send specific submissions (e.g. contest entries) or voluntarily send creative ideas/suggestions/proposals/plans/materials (collectively “comments”), you agree we may edit, copy, publish, distribute, translate and otherwise use any comments you send, without restriction or obligation to maintain confidentiality, provide compensation or respond.
We may monitor, edit or remove content we solely determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating intellectual property rights or these Terms.
You agree comments won’t violate third-party rights like copyright, trademark, privacy, or other personal/proprietary rights. Comments won’t contain libelous/unlawful/abusive/obscene material or malware affecting Service/website operation. You won’t use false email addresses, impersonate others or otherwise mislead comment origins. You’re solely responsible for comment accuracy. We take no responsibility for any user comments.
SECTION 10 – PERSONAL INFORMATION
Submitting personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, OMISSIONS
Site/Service information may occasionally contain typographical errors, inaccuracies or omissions related to descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies, omissions, change/update info or cancel orders if info is inaccurate, without prior notice (including after order submission).
We undertake no obligation to update, amend or clarify Service/website info, including pricing, except as legally required. No specified update/refresh dates indicate all info has been modified/updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions in the Terms, you cannot use the site/content: (a) unlawfully; (b) to solicit unlawful acts; (c) violating regulations/laws; (d) infringing intellectual property rights; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating; (f) submitting false/misleading info; (g) uploading/transmitting viruses/malicious code affecting functionality; (h) collecting/tracking others’ personal info; (i) spamming, phishing, pharming, pretexting, spidering, crawling, scraping; (j) for obscene/immoral purposes; (k) interfering with/circumventing security features. We reserve the right to terminate your Service/website use for violating prohibited uses.
SECTION 13 – DISCLAIMER & LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure or error-free Service use.
We do not warrant result accuracy/reliability obtained from Service use.
You agree we may remove the Service indefinitely or cancel it anytime without notice.
You expressly agree using or inability to use the Service is at your sole risk.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aura Elemental, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of your breach of these Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be considered severed from these Terms, with this determination not affecting the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
Any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service will remain effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment we determine that you have failed, or suspect you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may accordingly deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, along with any policies or operating rules posted by us on this site or regarding the Service, constitute the entire agreement and understanding between you and us governing your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These terms and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 – CHANGES TO TERMS
The most current version of the terms can be reviewed at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting the updates and changes to our website. You are responsible for periodically checking our website for any changes. Your continued use or access of our website or the Service after posting any changes to these Terms constitutes acceptance of those changes.
SECTION 20 – CONTACT
Questions about these Terms should be sent to us at support@auraelemental.com.