Terms Of Use
TERMS OF USE
IMPORTANT! These Legal Notices and Terms of Use ("Terms of Use") govern your use of this site, which is provided by Auris, Inc. ("auris"). By accessing this site, you agree to be bound by these Terms of Use. Auris, Inc. may change these Terms of Use at any time in its discretion. Your use of this site after Auris, Inc. makes any changes constitutes your agreement to the changes. Please review these Terms of Use regularly. If you do not agree to follow and be bound by these Terms of Use, you may not access or use this site in any way.
ACCESS TO THIS SITE
You may be asked to provide certain information to access this site or to access some of the resources on this site. You agree that all of the information you provide on this site will be correct, current, and complete. If Auris, Inc. believes that the information you provide is not correct, current, or complete, Auris, Inc. has the right to refuse you access to this site or any of its resources and to suspend or terminate your access at any time.
CONTENT OWNERSHIP
All of the contents of this site (the "Contents"), including but not limited to text, illustrations, photographs, graphics, audio files, video files, audio-visual files, and the like, are owned by Auris, Inc. and/or the party that provided the Contents to Auris, Inc.. Auris, Inc. or the party providing the Contents to Auris, Inc. retains all right, title, and interest in the Contents. The Contents of this site, including the selection, arrangement, and look and feel, are protected by the copyright and trademark laws of the United States and by international treaties and conventions.
You may not copy, distribute, modify, republish, download, post, display, perform, add to, abridge, compile, adapt, translate, modify, update, broadcast, or otherwise transmit any of the Contents in any way without the express prior written consent of Auris, Inc., except that you may download or print a copy of portions of the Contents for your personal, noncommercial use or for the lawful and appropriate advancement of your business dealings with Auris, Inc.. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, or other proprietary notice appearing in any of the Contents. Modification or use of Contents other than as provided in these Terms of Use violates the intellectual property rights of Auris, Inc. or the party that provided the Contents to Auris, Inc.. No right, title, or interest in any of the Contents is transferred to you by your access to this site, and Auris, Inc. or the party that provided the Contents retains all right, title, and interest in anything that you print or download.
You may not access, download, or use this site or any of its Contents in violation of the export laws and regulations of the United States or any other applicable law.
PRODUCT PURCHASES
Your purchase of products from this site is governed by the Terms and Conditions of Sale (refer below). By purchasing any products from this site, you agree to be bound by them for each purchase.
OTHER RESTRICTIONS ON USE
You may use this site only for purposes expressly permitted by this site. You may not use this site for any other purpose without Auris, Inc.’s express prior written consent. For example, you may not (and may not authorize any other party to) (1) co brand this site, (2) frame this site, or (3) hyperlink to this site, without the express prior written permission of Auris, Inc.. For purposes of these Terms of Use, the term "co brand" means to display the name, logo, trademark, symbol, or other means of attribution or identification of another party in a manner that may give users the impression that such other party has the right to display, publish, or distribute this site or any of the Contents accessible within this site. You agree to cooperate with Auris, Inc. to bring any unauthorized co-branding, framing, or hyper-linking to an immediate stop.
LINKS TO OTHER SITES
Auris, Inc. may hyperlink this site to other sites that are not maintained by, or related to, Auris, Inc.. Auris, Inc. provides hyperlinks to other sites as a service to users, and such sites are not sponsored by or affiliated with this site or Auris, Inc.. Auris, Inc. has not reviewed any or all of such sites and is not responsible for any of the contents of those sites. Auris, Inc. makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this site. All users access any hyperlinks at their own risk. A hyperlink to any third-party site does not imply endorsement by Auris, Inc. of that site.
GLOBAL REACH
While the reach of the Internet is global, some or all of Auris, Inc. products and services may not be available in some countries because of differences in applicable laws and regulations. For that reason, this site may contain references to Auris, Inc. products or services that are not available in your country. Auris, Inc. makes no representation, express or implied, that any such products or services will hereafter be made available in your country. You may direct inquiries regarding the availability of products to support@theauris.com.
SUBMISSIONS
Auris, Inc. welcomes your comments and suggestions. Please be advised, however, that Auris, Inc. will not be required to treat any comments, suggestions, ideas, materials, information, or other content that you submit to Auris, Inc. through this site (a "Submission") as confidential or proprietary. You should not make any Submission that contains any materials, information, ideas, or other content that you do not want to assign to Auris, Inc. for its sole benefit and use, including any original ideas, works, or materials or any confidential information. By making a Submission, and as consideration for your use of this site, you agree to assign to Auris, Inc., without charge or remuneration, all worldwide right, title, and interest (including all copyrights and other intellectual property rights in any and all forms, media, and technologies now known or hereafter developed) in all materials, ideas, information, and other content that are contained in your Submission. As owner of all Submissions to this site, Auris, Inc. may use, reproduce, modify, adapt, publish, translate, distribute, perform and display any and all content thereof in its business (including, for example, for products or advertising) and in its other endeavors, without incurring any liability for royalties or for any other compensation or consideration of any kind.
Auris, Inc. will treat any personal information that you submit through this site in accordance with its Privacy Policy.
DISCLAIMERS
Auris, Inc. cannot and does not guarantee or warrant that files or other content available for download from the Internet, including but not limited to this site, will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means outside of this site for reconstructing any lost or corrupted data. Auris, Inc. does not assume any responsibility, risk, or liability for your use of the Internet, including but not limited to this site.
The Contents of this site are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, notices, or other materials provided by Auris, Inc.. Investors, borrowers, and other persons should use the Contents in the same manner as any other educational medium and should not rely on the Contents to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and not meant to be exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals or particular needs.
YOU USE THIS SITE AT YOUR OWN RISK. ITS CONTENTS ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. AURIS, INC. HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AURIS, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AURIS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF USE, OF THE CONTENTS OF THIS SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS, AND AURIS, INC. MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AURIS, INC., ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY TREATMENT, SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENTS. AURIS, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENTS OF THIS SITE. ANY WARRANTIES THAT ARE IMPLIED BY APPLICABLE LAW BUT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD ALLOWED BY APPLICABLE LAW.
All of the information on this site, whether historical in nature or forward-looking, speaks only as of the date that Auris, Inc. posts the information on this site, and Auris, Inc. undertakes no obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate, up-to-date, or complete.
LIMITATION OF LIABILITY
AURIS, INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, AND/OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE, EVEN IF AURIS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AURIS, INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO AURIS, INC. FOR THE APPLICABLE CONTENTS OR SERVICES OUT OF WHICH LIABILITY AROSE, WHICHEVER IS GREATER.
INDEMNITY
You agree to indemnify and hold Auris, Inc., its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, and contractors ("Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Contents other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from and against any and all resulting claims, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys" fees, including but not limited to those of the Indemnified Parties ("Claims"). You also agree to indemnify and hold the Indemnified Parties harmless from and against any and all Claims arising out of your use of any information or other Contents accessed from this site or any Submission that you make, or cause to be made, to this site.
TRADEMARKS
All of the product names, trade names, slogans, logos, and other trademarks and service marks (collectively "Marks") appearing in this site are the property of Auris, Inc., unless otherwise noted. Auris, Inc. retains any and all rights in its Marks, and you may not use any of those Marks without the prior written authorization of Auris, Inc., except for the sole purpose of properly identifying products or services originating from Auris, Inc.. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, Auris, Inc. without Auris, Inc.’s express prior written consent. iPhone is a trademark of Apple Computer, Inc., registered in the U.S. and other countries. Bluetooth is a trademark owned by Bluetooth SIG, Inc. USA.
INFORMATION YOU PROVIDE
You may not post, send, submit, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone-s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Auris, Inc. reserves the right to monitor your use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason in its sole discretion. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Auris, Inc. nor any third party that provides any of the Contents to Auris, Inc. will assume or have any liability for any action or inaction by Auris, Inc. or such third party with respect to any such Submission.
SECURITY
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, "spiders," or other network probing tools) in connection with this site is strictly prohibited. If you become involved in any violation of system security, Auris, Inc. reserves the right to release your details to system administrators at other sites in order to assist them in resolving or preventing security incidents. Auris, Inc. reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, as Auris, Inc. may determine in its sole discretion.
Auris, Inc. reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing Auris, Inc. to disclose the identity of, or other information about, anyone posting any e-mail messages or publishing or otherwise making available on this site any materials that are believed to violate these Terms of Use or applicable law.
BY USING THIS SITE AND ACCEPTING THESE TERMS OF USE, YOU HEREBY WAIVE AND AGREE TO RELEASE AND HOLD HARMLESS AURIS, INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY AURIS, INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS DURING OR AS A RESULT OF INVESTIGATIONS WITH RESPECT TO THE USE OF THIS SITE AND FROM ANY AND ALL ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS BY AURIS, INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, OR BY ANY LAW ENFORCEMENT AUTHORITIES.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Auris, Inc (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Auris, Inc and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@theauris.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Lewes, Delaware before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Auris, Inc’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
MISCELLANEOUS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without reference to any of the choice of law provisions thereof. You specifically consent to personal jurisdiction in the State of Delaware in connection with any and disputes between you and Auris, Inc. arising out of these Terms of Use or otherwise relating to the subject matter of these Terms of Use. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or relating to the subject matter hereof will be in the state and federal courts in Delaware. If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severed and will not affect the enforceability or validity of any remaining provisions. These Terms of Use constitute the entire agreement of the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on this site will govern the items to which they pertain.
TERMS AND CONDITIONS OF SALE
IMPORTANT: THESE TERMS AND CONDITIONS OF SALE ("TERMS") GOVERN YOUR PURCHASE OF auris PRODUCTS FROM THIS SITE, WHICH IS PROVIDED BY AURIS, INC. ("auris"). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE ACCEPTING THESE TERMS.THIS LIMITED WARRANTY AND OTHER GENERAL TERMS ALSO APPLY TO ANY PURCHASE OF PRODUCT FROM A RE-SELLER.
ORDERS
All orders that you place on this site are offers by you to purchase our products in accordance with these Terms. We may accept your offer by issuing a confirmation or by shipping products specified in your order. You agree that we can make partial shipments on your order, in which case each shipment will be a separate transaction. Our acceptance or partial acceptance of each offer is expressly subject to and conditioned on your agreement to these Terms, which Auris, Inc. may modify in its sole discretion at any time and without notice. No other terms or conditions will apply.
PRICES AND PAYMENT
All prices are in U.S. dollars and are subject to change without notice. Prices do not include taxes or charges for shipping and handling. Applicable shipping and handling charges and any sales taxes that Auris, Inc. is required by law to collect will be added to your required payment. Payment in full is required before products will be shipped on any order.
SHIPPING AND HANDLING
We will arrange for shipment of the products to you. Title and risk of loss and damage pass to you upon our transfer of the products to the carrier. You will pay all shipping and handling changes specified during the ordering process. Shipping times are estimates only and cannot be guaranteed. We are not liable for any delays in shipping.
Please be aware for all orders outside the US, there may be applicable taxes and shipping/handling/duty charges for which Auris, Inc. is not responsible.
CHANGES OR CANCELLATIONS
Any changes that you make to accepted orders prior to shipment may generate a new shipment date. All sales are final upon shipment of the ordered products, except for authorized product returns.