TERMS OF USE

By using the Site or any Service we provide, you ("you", "the user") or the person accessing our site and services, including any other person or company whose behalf you are accessing our site and services for, are agreeing to these terms, as well as our Privacy Policy, and any additional terms associated with certain programs you elect to partake in with respect to our site (collectively, the "Terms of Use"). These terms should be checked regularly for updates, as your use of the site and services indicates your acceptance of these terms.

All content and information used throughout our site is proprietary to AuRACLE and any other partners in which we are a licensee or licensor of said content and information. By accepting our Terms of Use you agree not to copy, distribute, transmit, modify, display, reproduce, perform, publish, license, transfer, create any imitative works from, or sell or re-sell any information, software, services or products obtained from or through our site.

You hereby acknowledge, understand, and agree that there may be interruptions in service or events that are within and/or outside of our control. We will do our best to keep the site accessible at all times; however, the site may become unavailable for any reason at any time, including, but not without limitation too, routine maintenance. You acknowledge, understand, and agree that due to a situation, both within and/or outside of our control, our site may be interrupted, suspended, or terminated. By accepting our Terms of Use, you acknowledge that we retain the right, at our sole discretion, to deny service or access to the site to anyone or any account for any reason at any time.

We will make all reasonable efforts to ensure the security of all information through our site; however, since we have no control over the security of the internet or networks you choose to access or communicate with our site through, we are not and cannot be responsible for the security of information that you choose to communicate with us and our site while it is being transmitted. Furthermore, AuRACLE is not responsible for any data that may be lost upon or during transmission.

Any and all content located on or in our site is the sole property of AuRACLE or is being used with permission from the relevant party. Linking to the site, or any section of the site is only allowed with our permission, which for standard and accepted purposes is allowed, under the condition that we can revoke this permission at any time.

Our site, as well as any subsections to our site, contain material which is copyrighted, trademarked, or is proprietary information, which includes, but is not limited to, any and all text, software, photos, video, graphics, music and sound ("content"). Any and all content of the site is collectively protected under the United States copyright laws. The selection, coordination, arrangement and enhancement of such content, as well as its original content is owned under copyright by AuRACLE. Copying, distributing, publishing and transmitting of any copyrighted material on the site, including in modified or derivative form is strictly prohibited and a violation of these Terms of Use, and you may be terminated from our site, held liable for copyright, trademark or intellectual property infringement and may be subject to any civil and/or criminal penalties associated with such activities. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the written consent of Auracle or the owner of such copyright is not permitted unless otherwise specifically stated under copyright law. In the event that Auracle allows you to copy, redistribute or publish its copyrighted material, you agree to make no deletions or modifications to any writer attribution, trademark legend or copyright notice. You also agree that you do not acquire any right of ownership by downloading material which is copyrighted.

AuRACLE owns the trademark AuRACLE Tester and in conjunction with other trademarks located within or on the site are not deemed to be in the public domain but instead is the sole property of AuRACLE.

At no time will you upload or post or otherwise have presented any material which is protected by any proprietary right, including but not limited to copyright or trademark, unless you have expressed permission of the owner of such material. At no time will AuRACLE be under obligation to provide you with any indication, marking or any other notice that may assist you in the determination of if such material is copyrighted or trademarked. Any damages or other harm which results from such a submission of material, which occur from your infringement of copyrights, trademarks, or any other proprietary right, will be at your sole liability. In the event that you submit any material to a public area of our site, you warrant that the owner of the material has at such time expressly permitted AuRACLE the perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute this material, whether it be in whole or in part, worldwide and/or to include it into any other work or material in any form, media or technology known or hereafter developed for the entire term of copyright that such material holds. You also agree to allow AuRACLE to edit, copy, publish and distribute any and all material that may be made available by you on this site; this includes, but is not limited to testimonials, success stories, and before-and-after results.

All purchases of an AuRACLE Tester should be made through an authorized distributor or online store held by an authorized distributor (such as amazon).

All purchases and terms of sale are specific to the distributor in which you purchase from and you should read any and all terms of sale carefully before making your purchase. AuRACLE wants to make your buying process as simple as possible and in the event of any problems, please contact the distributor immediately so that they can remedy the situation.

If you have a question regarding refunds or warranties, please use our contact form or call the distributor whom you purchased your product from.

By purchasing a product through AuRACLE you agree to our Terms of Use and these Terms of Sale. By the act of purchasing, accepting, using or attempting to use any product, you agree to these Terms of Sale, especially those terms which are identified which advertise the product at the time of purchase (collectively, the "fine print" regardless of how labeled). Our Terms of Sale and fine print apply to all products made available through AuRACLE, unless the fine print on a particular product or website states otherwise, and except as otherwise required by law. In a situation where there is a conflict between the fine print and the terms of a specific sale, the fine print will control.

If you need a refund or have a question concerning refunds, use our Contact Us form to contact us. Any unauthorized reproduction, resale, modification or trade of AuRACLE products is prohibited.

Promo codes, and promotions acquired through the redemption of promo codes are not transferable, and not redeemable for cash, credit, or towards previous purchases. Most promo codes will have an expiration date. This date will either be provided along with the promo code, or can be determined by attempting to redeem it through an AuRACLE website. Promo codes can not be redeemed after their expiration date. AuRACLE reserves the right to revoke any promo code, and/or any promotions acquired through the redemption of promo codes at any time, at AuRACLE sole discretion.

If any material, to your knowledge, has been posted by a user of our site to our site which infringes on a copyright, you should act in the following manner:

• Supply Auracle with an electronic or physical signature from the individual who is authorized to act on behalf of the owner of such copyright work;
• Supply Auracle with an identification, description and location of the material on our site which infringes on the copyright;
• Supply Auracle with your name, telephone number, email address and any other contact information;
• Supply Auracle with a statement written by you, which states that all of the information you have provided us is accurate and, under the penalty of perjury, that you are owner of such copyright or are authorized to act on the behalf of such owner. Contact should be made using any of the available methods on our Contact Us page.

In the event that you infringe third-party copyrights, Auracle reserves the right to terminate its agreement with you at our sole discretion.

By accepting these Terms of Use, you expressly acknowledge, understand and agree that you use this site at your own sole risk. It has not been warranted, by AuRACLE nor its subsidiaries, affiliates nor any employees, agents, merchants, third-party content providers or license granters, or any of their officers, directors, employees or agents (collectively, "all parties"), that this site will be continuously uninterrupted or free from any errors. In addition all parties make no guarantee on the accuracy, reliability or content of any information, service or certificate provided through its websites or the results that may occur from the use of such products. You understand that the site which AuRACLE operates will be used on an "as is" basis when available. Whether implied or expressed, any and all warranties and conditions or representations, including but not without limitation to, title non-infringement, or merchant ability, quality, and fitness are hereby disclaimed by AuRACLE.

In absolutely no event or situation shall AuRACLE nor its subsidiaries, affiliates nor any employees, agents, merchants, third-party content providers or license granters, or any of their officers, directors, employees or agents, be liable for any special, incidental, indirect, consequential or punitive damages which arise out of, or in relation to, the use of the site or any of its statements, contents or other information within these Terms of Use. In absolutely no event or situation will AuRACLE liability concerning a product exceed the amount paid for the product in question. By accepting these terms of use, you acknowledge that the total aggregate liability, if it should arise, from or concerning these Terms of Use, shall not surpass five hundred dollars, or the amount which you paid during the six month period prior to bringing any claim against AuRACLE (whichever is less).

Links may appear on our site which link to affiliated or non-affiliated parties. In either case, these links will be provided with the sole intent to deliver a more convenient or informative experience to you or other users. We do not endorse or have any bias opinion in the matter of the content for these links. From hereinafter, we disclaim any representations as to the content or accuracy which those links may convey, or the privacy practices of the websites which those links are directed to. In the event that you access an external website through one of our links, you do so at your own risk.

Under no circumstance in which you breach, default or fail to exercise any and all rights provided to you under these Terms of Use shall it constitute a waiver of any subsequent or preceding default or breach or a waiver of forfeiture of any parallel or future rights under these Terms of Use by neither you nor AuRACLE. Any and all section headings throughout these Terms of Use are used expressly for your convenience and at no time shall be of legal force or effect. If at any time, any provision of these Terms of Use is rendered invalid by a court of competent jurisdiction, the invalidity in question shall not affect the enforceability of any other provisions contained in these Terms of Use; Additionally, any and all remaining portions of these Terms of Use shall remain in full force and effect.

AuRACLE, its subsidiaries, affiliates, merchants and any and all third-party content providers and license granters, shall have the right to assert and enforce any and all provisions, set forth in these Terms of Use, directly or on its own behalf. These Terms of Use are to apply equally and for the benefit of all aforementioned parties.

If at any time you have a disagreement with AuRACLE, we will make all reasonable efforts to resolve the matter. If in the event, an agreement cannot be reached, by use of our site, you hereby agree that:

• With the exclusive consent of only one party, either You or AuRACLE may opt for exclusive and binding arbitration of any claim, dispute, or controversy raised by either party in conjunction with or arising from these Terms of Use.
• All Claims are subject to arbitration, regardless of additional reasoning or recourse.
• No arbitration is agreed to be on a class or representative basis, and the arbitrator will have no right to proceed in a class or representative manner. No arbitration will take place in a consolidated manner without the explicit consent of all parties.
• The party filing the claim must select the American Arbitration Association ("AAA") to administer the claim, and must be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA;
• AAA shall select the location for the arbitration in accordance with the Rules and Procedures, or at a location which can be mutually agreed on by you and AuRACLE;
The Federal Arbitration Act, and not state law, shall govern the arbitrability of all Claims between You and AuRACLE;
• If at any time, any part of this arbitration provision is rendered invalid, illegal or inconsistent with AAA Rules and Procedures, the remainder of the provision shall remain in effect and binding.

By accepting these Terms of Use, you agree that AuRACLE, its subsidiaries, affiliates and their respective agents, employees, officers and directors are hereby indemnified and held harmless against and from all expenses and claims, including attorneys' fees, arising from or related to any services or products purchased by you in connection with our site or your use of any part of this site in violation of these Terms of Use. You hereby release AuRACLE from any and all claims or liability related to any product or service, to the full extent permitted under applicable law; including, but not limited to, any action or inaction, including the failure lack of compliance with applicable law and/or failure to comply with the Terms of Use set forth by AuRACLE.

The internal laws of the State of the commonwealth of Pennsylvania shall govern any disputes which arise from or are related to these Terms of Use by you on this site or any service or product which AuRACLE makes available. With the exception of the Arbitration Provision of these Terms of Use, which will be governed by the Federal Arbitration Act, all other disputes shall operate under Virginia law without regard to its choice of law rules and without regard to conflicts of laws principles.

AuRACLE reserves the right at all times to discontinue or modify these Terms of Use as we reason necessary or desirable at any time. In the event that there are any changes to these Terms of Use, they will become effective immediately for any continued use of the Site, and new activity on the Site, but will not become retroactive. These changes will be effective immediately for any new user to our site and for all products purchased after the date of the change. We strongly suggest that you continuously revisit our Terms of Use occasionally in order to ensure that you are informed of the current Terms of Use for our site. Your use of our site following an update to our Terms of Use constitutes your acceptance of the modified Terms of Use. Additionally, Auracle also reserves the right to modify or discontinue any aspect or feature of this site or our service including, but not without limitation to, access or use of this site.