Terms and Conditions

Use of AuraofRI.com (referred herein to as “the Site”, which any other sites affiliated with Aura of Rhode Island including all materials and all online services provided by Aura of Rhode Island (hereinafter “Aura” or “Us”), is subject to the following terms and conditions of use. By using www.AuraofRI.com the user (“You”) agrees without modification to these terms and conditions and acknowledges reading them.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.

 

PRIVACY POLICY

Aura respects the information that You provide to Us and want You to fully understand exactly how Aura uses that information. So, please review Our Privacy Policy at www.AuraofRI.com/privacy-policy

 

YOUR USE OF THIS SITE

You may not use or access this website if You are under the age of eighteen (18). In compliance with the Children’s Online Privacy Protection Act, Aura will not collect the data of any person under eighteen (18).

You may make an account on this website, should the website provide such an option, but users are expressly prohibited from any form of fraud or misrepresentation in any way. Aura reserves the sole right to terminate a user’s access and delete a user’s content for any reason, at the sole discretion of Aura. Aura] is not responsible for the content of submissions by users.

You may not infringe on the intellectual property of any other person or entity through the use of the website. Any unauthorized use of any other person or entity’s intellectual property may result in the termination of the User’s account. You agree to indemnify, defend, and hold harmless Aura for your unauthorized use of any other person or entity’s intellectual property on the Aura website.

You may not use any “deep-link”, “page-scrape”, “robot,” “spider” or 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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Aura reserves the right to bar any such activity.

You may not 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 Aura server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not 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 may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Aura including any Aura account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Aura’s systems or networks, or any systems or networks connected to the Site or to Aura.

You agree not to 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.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Aura on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aura or others.

 

LINKS AND EMAIL ADDRESSES

This web site contains links to third party web sites. These links are provided only as a convenience. Links that contain affiliate or sponsored material will be identified as such. In no event shall Aura be responsible for the information contained on any third-party site or your use of or inability to use such site. You should also be aware that the terms and conditions of such a site and the site’s privacy policy may be different from those applicable to your use of this web site.

 

UNAUTHORIZED ACTIVITIES

To be clear, Aura authorizes your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and unauthorized. This is because as between all materials on Aura site remains the property of Aura, unless otherwise indicated.

Examples of unauthorized use are as follows. This list is not intended to be exhaustive, but illustrative:

  • Any public or commercial purpose which includes use of this Aura on another site or through a networked computer environment;
  • Any use to stalk, harass, or harm another individual;
  • Any use to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Any use to interfere with or disrupt this Aura website or servers or networks connected to this site;
  • Any use that modifies, publicly displays, publicly performs, reproduces or distributes any part of Aura website ;
  • Any manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other laws;
  • Any use of data mining, robots, or similar data gathering or extraction methods in connection with Aura website ; or
  • Any attempt to gain unauthorized access to any portion of Aura website or any other accounts, computer systems, or networks connected to Aura website, whether through hacking, password mining, or any other means.

You agree to pay for an attorney, hired at the discretion of Aura, to defend Aura if You violate these terms and it results in any claims against Aura. You also agree to pay any damages that Aura of Rhode Island may end up having to pay as a result of any violation of these terms and conditions. You agree that any claim asserted against Aura by a third party as a result of your violations of these terms and conditions permits Aura to control all actions Aura’s defense, still at your expense.

 

NO WARRANTY OR LIABILITY

The information presented on the Site is provided “as is” and “as available,” without representation or warranty of any kind. Aura does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

You agree that Aura is not liable to You or others, in any way or for any damages of any kind, arising from the use of the Site, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office.

 

PROPRIETARY RIGHTS

Unless otherwise indicated, all www.AuraofRI.com materials, including, without limitation, Aura of Rhode Island logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” are the proprietary and copyrighted property of Aura of Rhode Island. You may electronically copy and print to hard copy portions of www.AuraofRI.com for the sole purpose of using materials it contains for information and non-commercial, personal use only. Any other use of the materials in www.AuraofRI.com – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of Aura is strictly prohibited.

 

DISPUTE RESOLUTION

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision allows Aura to promptly and efficiently resolve any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision that may arise between You and Aura Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Aura in the same proceeding.

This Provision provides that all disputes between You and Aura shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator with arbitration conducted in Providence, Rhode Island.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Under no circumstances shall any arbitration against Aura of Rhode Island be brought as a class action. The Parties shall jointly pay for the expense of the arbitrator, but shall each bear their own costs of legal counsel. The prevailing party shall be entitled to reimbursement for all arbitration costs from the losing party, excluding the cost of legal counsel.

The rules of the State of Rhode Island govern these terms and conditions and all disputes, regardless of the choice of law provisions. The state courts located in Providence County, Rhode Island will have exclusive jurisdiction for entering in any arbitration award.

 

LIMITATION OF LIABILITY

You acknowledge and agree that, in no event, shall Aura be liable, whether in contract, warrant, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, for any indirect, special, punitive, exemplary incidental or consequential loss, damage, cost or expense of any kind whatsoever, howsoever caused, or for any loss of production; cost of procurement of substitute goods, technology, or services; loss of capital, software, profit, revenues, contracts or business; cost of rework; loss of goodwill or anticipated savings; wasted management time, or any claims by third parties (including but not limited to any defense thereof) even if Aura has been advised of their possibility or they are foreseeable. Aura’s total liability on all claims, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, shall not exceed the purchase price of goods or content. These limitations shall not apply where expressly prohibited by law or shall be amended to be permitted to be given the greatest effect as permitted under law. You acknowledge that the foregoing limitations are reasonable and an essential part of these terms of use.

 

ASSIGNMENT

The rights and obligations created for You under this agreement may not be assigned to any other party.

 

SEVERANCE

In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.

 

NO LEGAL, FINANCIAL, OR ACCOUNTING ADVICE

Aura of Rhode Island makes no legal, financial, or accounting advice, nor should any statements by Aura of Rhode Island be taken as such. You should consult licensed professionals in your jurisdiction for any legal, financial, or accounting advice.

 

COMPLETE UNDERSTANDING

These Disclaimers and Terms and Conditions of Use supersedes any prior communication, representations, or agreements between You and Aura of Rhode Island and constitutes the complete and final agreement related to the use of this website or any product or services provided by Aura of Rhode Island or brands of Aura of Rhode Island.

 

MODIFICATION OF THESE TERMS

Aura reserves the right to change the terms, conditions, and notices under which the Site is available.

 

AGREEMENT TO TERMS

By using the Site or sending Aura of Rhode Island any personal information, You agree to this policy and are bound to this policy in effect as of the date of such use.

If You have any questions or concerns about the Terms & Conditions, please reach out to us through email at info@auraofRI.com

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