Aurora Conspiracy ("Service") and www.AuroraConspiracy.com ("Site") are owned and operated by Aurora Conspiracy LLC ("Company"). In order for you to make use of the Service it is required that you agree to all of the terms and conditions of this Agreement, which may be updated from time to time without notice to you. This Agreement states the terms and conditions under which electronic commerce, software and any other material are provided. In addition to these terms and conditions, you shall be bound by any additional terms, guidelines or rules that may appear throughout the Site, which are incorporated herein by this reference. Any modifications or enhancements to the Service and/or Site shall be governed by the terms and conditions of this Agreement.
By using this Service and/or its Site, you acknowledge that you accept the terms and conditions of this Agreement. You also represent and warrant that you are 18 years of age or older and that if you have accepted the terms and conditions of this Agreement on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
You are solely responsible for all messages, data, requests, information and other materials (the "Information") that you upload, post, e-mail or otherwise transmit ("Transmit") to and via the Service.
You further agree that you will not: a. Use the Service in any unlawful manner or Transmit any Content or Message that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortuous, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable; b. Use the Service to harm minors in any way; c. Transmit any Information: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringe any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret of any third party; (iii) that constitute unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; d. Forge headers or otherwise manipulate identifiers in order to disguise any Information transmitted through the Service; e. Interfere with the Service, Site or servers or networks connected to the Site; f. Interfere with the ability of others to use the Service; g. Reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Site or any Information contained therein; or h. Conduct your business on the Site or any web sites, with respect to Company, in a way that is unfair, unlawful, or constitutes a deceptive business practice; i. Otherwise use the Service in connection with violation of any law or contract. You acknowledge and agree that Company may disclose or use any Information that you Transmit for the purposes of (i) enforcing the terms and conditions of this Agreement; (ii) complying with any laws, regulations or rules of any federal, state or local government or agency; (iii) responding to claims that any Information violate the rights of third parties; or (iv) protecting the rights or property of Company, its customers and the public. With respect to Information that you Transmit to public areas of the Site, you grant Company a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such Information.
When you subscribe to the Service or its mailing list you become a Subscriber ("SUBSCRIBER") of the Service. At your option, you may use as many or as few of the features ("Features") available in the Service, and you are under no obligation to use any of the Features. Your use of the Service and its Features is completely at your discretion.
You agree and acknowledge that Company may modify, limit, suspend or discontinue the Service or any part of the Service at any time, without notice or liability to you. Company may also, from time to time, establish general rules and policies regarding use of the Service. Company will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Service. Company shall have no liability or responsibility with respect to any lost data or Information, such as the deletion or failure to store messages, communications or other Information transmitted by you.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to hold harmless and indemnify Company, our subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the Service, any Information that you Transmit to or through the Service, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Service.
The Service and all material on the Site (the "Content") contained herein, including, without limitation, all text, graphics, and other works on the Site, the Site's design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site are owned by Company or a third party. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the Site, ordering products or services through the Site or otherwise as expressly authorized by Company or the owner of the Content in question, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the Site, without the prior written consent of the Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content therein. Company grants you a personal, non-transferable, nonexclusive license to use the Site and the Content displayed therein, provided that you comply with these Terms and Conditions and any other rules regarding such use.
Company is not responsible for the content of any third-party pages or any other sites linked to the Site. Nothing in the Site, including, without limitation, any links to other sites, should be construed as an endorsement of any products, services or information of any other persons or companies by Company. Your choice to link to any other off-site pages or other sites is at your own risk, and you agree to comply with all terms and conditions relating to such pages or sites. Company reserves the right not to link, or to remove the link, to a particular site at any time.
You acknowledge and agree that Company may terminate your account or use of the Service for any reason, including, without limitation, for your violation of the terms and conditions of this Agreement, your lack of use of the Service, or your failure to remit payment when due. You agree that Company may terminate your access to and use of the Service without prior notice and without any liability to you or any third party.
Any software, documents, videos etc. that is made available through the Site to download (the "Downloads"), use or otherwise license is the copyrighted work of Company and/or its third-party suppliers. If applicable, use of the Downloads shall be governed by the terms of a license agreement (the "End User License Agreement"), which may accompany or be included with the Downloads. You agree to comply with the terms of all End User License Agreements that may be associated with Downloads that you download, use or otherwise license through the Site, in addition to the terms and conditions of this Agreement.
COMPANY IS PROVIDING THE SERVICE AND SITE AND ITS CONTENTS, INCLUDING EXPERT CONTENT AND ADVICE DELIVERED TO YOU VIA EMAIL OR TELEPHONE EXCHANGE, ON AN "AS-IS, AS-AVAILABLE" BASIS. COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE INFORMATION ON THE SITE IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL OR OTHER DECISIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY. COMPANY AND THIRDPARTIES WHO CONTRIBUTE TO THE SITE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES, ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, THE SITE CONTENT, OR OTHERWISE ARISING OUT OF ANY COMPANY WEB SITES, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NO INFORMATION DISPLAYED OR INCLUDED IN THE SITE OR OTHERWISE OBTAINED BY YOU FROM Company OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL CREATE ANY WARRANTY, NOR IS IT INTENDED TO SUPPLY LEGAL, FINANCIAL, MANAGEMENT, HUMAN RESOURCES, ACCOUNTING, OR OTHER FORMS OF ADVICE. USE OF THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL ADVISOR. IF LEGAL OR OTHER EXPERT ASSISTANCE OR ADVICE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.
IN NO EVENT SHALL COMPANY OR THIRD PARTIES WHO CONTRIBUTE TO THE SITE BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
The Service is controlled and managed from the Company offices in Florida. All rights and obligations relating to formation or performance of the agreement contained in the terms and conditions of this Agreement shall be governed by the laws of the State of Florida, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Florida, shall not apply. The exclusive forum for the resolution of any dispute relating to the terms and conditions of this Agreement shall be the state and federal courts in Florida, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to the terms and conditions of this Agreement, and agree to service of process on you by e-mail to the address you have submitted on the Site, or by any other means deemed reasonable by Company.
Company may provide Notices of Changes in the terms and conditions of this Agreement or other matters by displaying notices or links to notices to you generally on the Site.
You may not assign, sub-license or otherwise transfer any of your rights under the terms and conditions of this Agreement. If any provision of the terms and conditions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect.
Headings in the terms and conditions of this Agreement are for convenience only and shall have no legal meaning or effect.
No action arising under this Agreement may be brought at any time more than six (6) months after the facts occurred upon which the cause of action arose.
The terms and conditions of this Agreement, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Service and Site. Company's decision not to enforce a particular provision of this Agreement does not mean that Company waives the right to enforce it. Company shall waive such a right only in writing.
Last Updated: April 2, 2013