Last Updated: June 19, 2023
These Aura Terms of Service (these “Terms”) are an agreement between National Vehicle Rentals LLC, a Texas limited liability company doing business as “Guided by Aura, “Aura +,” and “Aura” (“Aura,” “we,” “our,” or “us”), and all visitors, users, and others (“Users,” “you,” or “your”) who visit, access, or use the Aura website located at www.guidedbyaura.com (the “Site”), and any other websites and mobile applications which display these Terms, and the services, content, and other materials made available through the Site and other applicable sites and mobile applications (these services, content, and materials, together with the Site and other applicable sites and mobile applications, are collectively referred to in these Terms as the “Service”). These Terms describe the terms and conditions that govern your use of, and participation in, the Service. We’ve drafted these Terms so that you’ll know the rules that govern our relationship with you when you access and use the Service.
By visiting, accessing, or using the Service, you signify that you have read, understood, and agreed to be bound by these Terms—and are forming a legally binding contract between you and Aura—whether or not you are a registered user of our service, so please read these Terms Carefully. Please note that, as further described in section 15 below, in addition to these Terms, our Privacy Policy governs how AURA collects, uses, stores, and protects your information when you use the service.
Notice regarding arbitration and dispute resolution: YOU AND AURA AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND AURA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 22. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, class Arbitration, OR REPRESENTATIVE PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 22 BELOW.
1. UPDATES TO THESE TERMS
Please note that we may modify, supplement, revise, or update these Terms from time to time, for any reason. We will notify you of material changes to these Terms by posting the amended terms on the Service at least 30 days before the effective date of the changes. If you have provided us with your email address, we will notify you of material changes to these Terms of by sending an email at least 30 days before the effective date of the changes. You will be subject to, and will be deemed to have been made aware of and accepted, these Terms as modified, supplemented, revised, or updated by your continued use of the Service after the effective date of the applicable modifications, supplements, revisions, or updates. If you do not agree to any of the modified, supplemented, revised, or updated terms or conditions, then you should discontinue using and accessing the Service.
2. DESCRIPTION OF THE SERVICE
The Service is a vehicle-sharing platform that provides management, support, and account administration services to vehicle owners (“Owners”) who want to share one or more of their vehicles for use by other Users of the Service who qualify to use the Service as set forth below (“Renters”) as well as third-party rental fleets, whether those be private entities or known peer-to-peer car sharing platforms. Aura is not a rental car company, and we do not own any vehicles made available through the Service.
3. ELIGIBILITY
To be eligible to use the Service as an Owner, you must meet the following eligibility requirements (the “Owner Eligibility Requirements”):
You must be at least 21 years of age or the minimum age legally required in the market where the Service is intended to be used (whichever age is higher);
Your vehicle(s) must meet the vehicle eligibility requirements located at Vehicle Eligibility Requirements (each, an “Eligible Vehicle”), which are hereby incorporated by reference and made a part of these Terms;
You must own or have all the necessary rights, consents, and authority to permit each Eligible Vehicle to be shared through the Service and must ensure that use of each Eligible Vehicle in connection with the Service will not violate any rights of a third party or any agreement with respect to such Eligible Vehicle, including any leasing or financing agreement;
You must use and keep on file a valid email address;
You must accurately, truthfully and fully complete the application process with Aura and deliver all information and documents requested in the application or otherwise;
You must read, understand, and agree to the Owner Policy located at Owner Policy (the “Owner Policy”), which is hereby incorporated by reference and made a part of these Terms; and
You must hold current state minimum limit insurance with liability and property damage in the state in which your Vehicle will be located when it is listed with the Service and made available for rental by Renters.
To be eligible to use the Service as a Renter, you must meet the following eligibility requirements (the “Renter Eligibility Requirements”):
You must be at least 21 years of age or the minimum age legally required in the market where the Service is intended to be used (whichever age is higher);
You must hold a valid U.S. driver’s license that has not expired, been suspended, or been revoked;
You must hold current state minimum limit insurance with liability and property damage;
You must no major violations or alcohol/drug related incidents in the past three years (for major violations) or seven years (for alcohol or drug-related incidents), respectively. Major violations are defined by state law and may include driving with a suspended or expired license, providing false or counterfeit documents, and engaging in speed contests;
You must have no more than two violations or accidents combined in the past three years;
You must agree that Aura may obtain and review your driving history and a credit history, and both such histories must meet Aura’s then-current eligibility requirements, which may change from time to time;
You must use and keep a valid email address on file with Aura through your User Dashboard;
You must accurately, truthfully, and fully complete the application process with Aura and deliver all information and documents requested in the application or otherwise; and
You must read, understand, and agree to be bound by the Renter Policy located at Renter Policy (the “Renter Policy”), which is hereby incorporated by reference and made a part of these Terms.
Satisfying the foregoing criteria does not automatically give you the right to become an Owner or a Renter, as applicable. Subject to applicable law and our Non-Discrimination Policy set forth in Section 6 below, Aura reserves the right to determine in its sole discretion whether a User may sign up to become an Owner or Renter through the Service. If Aura has previously suspended or terminated your use of the Service, then you are thereafter prohibited from using the Service unless and until Aura provides you with written notice of the reinstatement of your eligibility to use the Service.
4. AURA ACCOUNT CREATION
Provided that you meet the Owner Eligibility Requirements and/or Renter Eligibility Requirements, as applicable, you may apply to become an Owner and/or a Renter, as applicable, through the Service. As part of the application process, you must provide your first and last name, email address, telephone number, and additional information as may be requested by Aura. If Aura accepts your application, then you will be able to create an Owner account (“Owner Account”) and/or a Renter account (“Renter Account”) through the Service. Each User should have no more than one Owner Account and one Renter Account. A User’s Owner Account and/or Renter Account is a “User Account.” Your User Account provides you with access to the Service and its functions and features that are particular to your User Account. You may modify your User Account and related user information, and how you interact with the Service, by changing the options or information, as applicable, in your User Dashboard.
As part of the User Account creation process, you will be required to create a username and password that will be associated with your User Account. You may only create one username that will be associated with your User Account. You may not: (A) select or use as a username the name of another person with the intent to impersonate that person; (B) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (C) use as a username a name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration of, or to cancel, a username in our sole discretion. You will be responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your User Account. If any breach of security or unauthorized use of your User Account occurs, you must notify Aura immediately. Aura is not liable, and you agree to hold Aura harmless, for all losses caused by any unauthorized use of your User Account. If Aura accepts your request to become an Owner and/or a Renter, you agree to inform Aura promptly and in writing of any occurrences that have caused or would cause you to cease to satisfy the Owner Eligibility Requirements or Renter Eligibility Requirements, as applicable.
For the avoidance of doubt, if you apply to become both an Owner and a Renter, Aura may accept your Renter application but reject your Owner application, or vice versa. If Aura accepts your application to become an Owner and/or a Renter, then you, through your continued use of the Service, agree to abide by the terms of these Terms, including, without limitation, the Owner Policy and/or Renter Policy, as applicable.
5. VERIFICATION OF USERS
By applying for an Owner Account or a Renter Account, you authorize Aura to disclose your information, as provided to us in your application, to third parties for the purpose of verifying and obtaining additional information about you. If any information that you provide to Aura in connection with your User Account subsequently changes, you will promptly update your User Account information, as necessary, through your User Dashboard.
6. AURA NON-DISCRIMINATION POLICY
Aura strictly prohibits and does not tolerate discrimination against Aura Users, employees, applicants, interns, or any other covered persons on the basis of age, race (including hair or hairstyles), color, religion, creed, national origin (including ancestry), ethnicity, sex (including pregnancy, gender identity, and transgender status), gender, physical or mental disability (including gender dysphoria and similar gender-related conditions), alienage or citizenship status, military status (including past, current, or prospective service in the uniformed services), genetic information, predisposing genetic characteristics, marital status, domestic violence victim status, familial status, actual or perceived sexual orientation, unemployment status, caregiver status, partnership status, credit history, salary history, or and any other characteristic protected by applicable federal, Texas state, or City of Arlington local law (collectively, a person’s “Protected Characteristics”). Each of Aura’s employees, volunteers, interns, other workers, agents, and representatives is prohibited from engaging in unlawful discrimination. Similarly, by applying for or opening a User Account, and by using the Service, you agree to refrain from engaging in any activity or making any statements through or in connection with your use of the Service that would constitute discrimination—whether discouraging, encouraging, or indicating a preference for or against—of any kind on account of perceived or actual Protected Characteristics in relation to an Aura employee, volunteer, intern, other worker, agent, representative, or User.
7. CONSENT TO ELECTRONIC COMMUNICATIONS
As noted above, if you apply for a User Account with Aura, you will be required to provide your email address and a mobile phone number. By providing that information to Aura, you consent to our use of your email and mobile phone number for sending you email and SMS communications, including legal notices, regarding and related to the Service (“Service-CRITICAL Electronic Communications”), and you hereby permit us to send you Service-CRITICAL Electronic Communications in lieu of postal mail deliveries. You acknowledge and agree to be responsible for any third-party charges related to any SMS messages that you may receive from us.
By providing Aura with your email address and a mobile phone number, you also agree that Aura may send you other communications, including special offers and updates concerning new or modified Service features (“Helpful Electronic Communications”). Our Helpful Electronic Communications will provide you with options or instructions to enable you to opt of or otherwise modify certain settings related to your receipt of those communications, but you may miss helpful communications regarding additions, improvements, updates, and special offers if you opt out.
8. USER REPRESENTATIONS AND WARRANTIES
By using the Service, you represent and warrant that:
All information that you provide to Aura is true, accurate, current, and complete.
You are not legally deemed to be a minor in the jurisdiction in which you reside.
You have the legal capacity to enter into and perform these Terms.
You have not previously been removed from the Service or you have a currently valid written notice of reinstatement from Aura.
You agree to be legally bound by these Terms.
You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Service for any illegal or unauthorized purpose, including prohibited activities set forth in the “Prohibited User Activities” section, below.
Your use of the Service will not violate any applicable law or regulation.
You will not use the User Account of anyone else, permit anyone else to use your User Account, or assign or otherwise transfer your User Account to any other person or entity.
Unless apply for a User Account or use the Service (or any portion thereof) on behalf of a company, entity, or organization, you acknowledge and agree that your User Account is for your personal use only.
9. PROHIBITED USER ACTIVITIES
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the Service, you agree not to:
Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Aura Content or enforce limitations on the use of the Service or the Aura Content contained therein.
Copy or distribute any part of the Service, including any Aura Content, in any medium.
Disparage, tarnish, or otherwise harm, in our opinion, us or the Service.
Use any information obtained from the Service in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Service in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Service.
Upload or transmit (or attempt to upload or to transmit) viruses, worms, Trojan horses, chain letters, or other material, including, without limitation, excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, spiders, offline readers, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Aura Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
Make any unauthorized use of the Service, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating any User Accounts by automated means or under false pretenses.
Use the Service as part of any effort to compete with us or otherwise use the Service or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Service to advertise or offer to sell goods and services.
Sell or otherwise transfer your User Account.
10. INTELLECTUAL PROPERTY RIGHTS
Except for your Contributions or as otherwise indicated, the Service is our proprietary property. All source code, databases, functionality, software, website designs, audio, music, video, text, photographs, illustrations, and graphics on the Site (collectively, the “Aura Content”) and the trademarks, service marks, and logos contained therein (the “Aura Marks”) are owned or controlled by Aura or licensed to Aura and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Aura Content and the Aura Marks are provided on the Site “AS IS” for your information and personal use only. Without our express prior written permission and except as expressly provided in these Terms, no part of the Service, and no Aura Content or Aura Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, adapted, transmitted, distributed, sold, licensed, or otherwise exploited, and no derivative works may be created therefrom, for any commercial purpose whatsoever. Any use by you of the Service, the Aura Content, or the Aura Marks not expressly permitted by these Terms is strictly prohibited.
So long as you are eligible to use the Service, you are granted a limited license to access and use the Service in accordance with these Terms and to download or print a copy of any portion of the Aura Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Aura Content, and the Aura Marks.
11. USER FEEDBACK
Aura welcomes your feedback regarding the Service and Aura’s business, including feedback concerning our products, services, and marketing strategies. If you would like to provide us with feedback, comments, suggestions, or ideas about the Service and how we might improve it (“User Feedback”), then we request that you use this feedback form. By submitting User Feedback, regardless of the medium in which, or means by which, you provide it, you agree that (A) your User Feedback is unsolicited, gratuitous, and unrestricted, (B) does not create any obligation binding upon Aura, including any fiduciary duties in your favor or obligation to provide any related payment to you, (C) Aura is permitted to utilize, modify, improve upon, discard, distribute, disclose, or implement all or any portion of your User Feedback in Aura’s sole and absolute discretion, (D) you have no expectation of confidentiality related to your User Feedback, including that you generated the User Feedback, and Aura has no obligation to keep this information confidential, and (E) you assign to and vest in Aura all rights in your User Feedback without any additional compensation payable to you.
12. USER GENERATED CONTRIBUTIONS
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to User Feedback and other text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”) through the Service. As between you and Aura, you retain all your ownership rights in your Contributions, however, you grant Aura a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any Contributions in all media formats and channels now known or later developed without compensation to you. When you provide any Contributions in connection with the Service, you represent, warrant, and covenant, as applicable, that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including the rights of publicity, goodwill, or copyright, patent, trademark, trade secret, mask work, or moral rights of any third party (collectively, “Third-Party Rights”).
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other Users to use, your Contributions in any manner contemplated by the Service and these Terms.
You authorize us, the Service, and other Users to use your Contributions in any manner contemplated by the Service and these Terms.
You acknowledge and agree that your Contributions will not be treated as confidential and may be made available to other Users or made public.
You have the written consent, release, or permission of every identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or that is otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.
Your breach of any of the foregoing representations, warranties, and covenants may result in, among other things, suspension or termination of your right to use the Service. You are solely responsible for your Contributions and acknowledge and agree that Aura only acting as a passive online platform for, and not an active publisher or editor of, your Contributions. Aura assumes no responsibility or liability for your Contributions or the Contributions of any other User. Aura is permitted, but is not obligated, to reject or remove any Contributions that Aura believes, in its sole and absolute discretion, violate the requirements set forth above.
13. OTHER USERS; NO ENDORSEMENT
Aura does not endorse, support, represent to, nor bear any responsibility or liability for, the acts or omissions of any Users. You are solely responsible for your interactions with other Users. We reserve the right, but do not have the obligation, to monitor any and all communications among and between Users. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of any information provided by Owners or Renters, including Contributions, or any information about Eligible Vehicles made available through the Service. You understand that by using the Service, you may be exposed to Users or Contributions that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled, contain material errors, or are otherwise deceptive, and, as stated in these Terms, you acknowledge and agree that Aura will not, in any way, be liable or responsible for Contributions.
EXCEPT AS SET FORTH IN THESE TERMS, YOUR RELATIONSHIP WITH OTHER USERS OF THE SERVICE WILL BE A DIRECT ONE WHEREBY AURA WILL NOT BE INVOLVED OR OTHERWISE OBLIGATED TO ACT IN ANY WAY.
14. FEES AND PAYMENTS
By creating a User Account, you agree to the fees and charges, and payment and billing policies, applicable to your use of the Service.
With respect to Renters, the billing terms and fees you will be charged will be itemized when you go through the checkout process. You can verify the amount that will be charged to you at checkout before making payment. All fees paid by Renters for use of the Service are non-refundable, except as may be expressly otherwise agreed by Aura in its sole discretion.
With respect to Owners, the fees you will be charged, and the commission rates that you will be paid, will be as stated in our Owner Fee and Payment Schedule located at payment schedule (the “Owner Fee and Payment Schedule”), which is hereby incorporated by reference and made a part of these Terms. Aura may change the Owner Fee and Payment Schedule at any time in its sole discretion; provided, however, that applicable changes will only apply to vehicle bookings made through or in connection with the Service following the effective date of the applicable changes. In addition, we will notify you of material changes to the Owner Fee and Payment Schedule by posting the amended Owner Fee and Payment Schedule on the Service at least 30 days before the effective date of the changes. If you have provided us with your email address, we will notify you of material changes to the Owner Fee and Payment Schedule by sending an email at least 30 days before the effective date of the changes. As an Owner, you acknowledge and agree that Aura does not guarantee any minimum payments, revenue, or income based on your use of the Service, and you may not receive any payments, revenue, or income in connection with the Service if your Eligible Vehicles are not selected for use by Renters or third-party rental fleets.
15. PRIVACY AND SECURITY
Our Privacy Policy, which can be found at https://guidedbyaura.com/legal/tos/privacy/ outlines how we use and safeguard the information you provide in connection with the Service. You understand that by using the Service, you are consenting to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personally identifiable information collected, used, transferred to, and processed in the United States.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
16. THIRD-PARTY LINKS
The Service may include, or you may be sent (by Aura or by third parties) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). You acknowledge that Aura does not investigate, monitor, check, endorse, or verify Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed during the use of the Service or any Third-Party Content posted on, available through, or provided in connection with the Service. We expressly disclaim any implication that the inclusion of, linking to, or permitting the use or installation of, any Third-Party Websites or any Third-Party Content is approval or endorsement by us. If you decide to access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms do not apply to Third-Party Websites or Third-Party content. Any purchases you make through Third-Party Websites will from other companies, and we take no responsibility whatsoever in relation to such purchases. Those transactions will be exclusively between you and the applicable third party.
17. INDEMNITY
You agree to defend, indemnify, and hold harmless Aura and its subsidiaries, agents, licensors, managers, owners, and other affiliated companies, and their respective employees, contractors, agents, officers, managers, partners, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) arising from: (A) your use of and access to the Service, including any data or content transmitted by you; (B) your creation or transmission of any Contributions; (C) your violation of these Terms, including your breach of any of the representation, warranties, or covenants in these Terms; (D) your violation of any Third-Party Right, including any right of privacy, publicity rights, or intellectual property rights; (E) your violation of any law, rule, or regulation of the United States or any other country; (F) your interactions with any other User or use of any Third-Party Website or Third-Party Content, or (G) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. However, you will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from Aura’s own negligent conduct.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any applicable claim, action, or proceeding which is subject to this indemnification upon becoming aware of it (but the failure to notify will not impair our recovery unless you are materially prejudiced).
18. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ANY AURA CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AURA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, AURA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE AURA CONTENT IS ACCURATE, RELIABLE, OR CORRECT; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AURA, ITS AFFILIATES, OWNERS, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THe SERVICE. UNDER NO CIRCUMSTANCES WILL AURA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR User ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AURA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF the SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; OR (G) Contributions OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING ANY USER. IN NO EVENT SHALL AURA, ITS AFFILIATES, OWNERS, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (I) THE AMOUNTS YOU PAID TO AURA IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (II) US$100.00. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AURA AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU SHOULD CONSULT YOUR LAWYER FOR MORE DETAILED INFORMATION AND LEGAL ADVICE.
YOU HEREBY RELEASE US (AND OUR ITS AFFILIATES, OWNERS, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS) FROM ALL DAMAGES OF EVERY KIND AND NATURE (INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU MAY HAVE WITH ANOTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
20. U.S. BASED SERVICE
The Service is controlled and operated from Aura’s facilities located in the United States. Aura makes no representations that the Service is appropriate for use in other locations, even if it is accessible from locations outside the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blacklisted or subject to sanctions by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
21. USER ACCOUNT SUSPENSION AND TERMINATION
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, EXERCISABLE IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE YOUR USE OF AND PARTICIPATION IN THE SERVICE, OR DENY YOU ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF (A) ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS, OR (B) ANY APPLICABLE LAW OR REGULATION. WE MAY TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE YOUR USE OF AND PARTICIPATION IN THE SERVICE OR DELETE YOUR User ACCOUNT AND ANY OF YOUR CONTRIBUTIONS OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.
If we suspend or terminate, or otherwise deny you access to, your User Account for any reason, you are prohibited from registering and creating a new User Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending, terminating, or denying you access to your User Account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress. For the avoidance of doubt, the suspension or termination of, or denial of your access to, your User Account does not and will not release you from your obligations pursuant to these Terms.
You may discontinue your use of the Service at any time by suspending or terminating your User Account through the written communication to
[email protected] but the terms and conditions set forth in these Terms which by their nature are intended to survive termination or expiration shall remain in effect after you suspend or terminate your User Account, and Aura may continue to use your Contributions in any manner contemplated by these Terms. If you are an Owner, you may only terminate your User Account in accordance with the terms of the Owner Policy, and termination of your User Account will not terminate any existing Renter or third-party rental fleet bookings that were placed by Renters or third-party rental fleets prior to the date you elect to suspend or terminate your User Account, and you will continue to be subject to these Terms and the Owner Policy until all applicable existing Renter and third-party rental fleet bookings are completed; provided, however, that upon termination of your User Account your Eligible Vehicles will no longer be available for new Renter or third-party rental fleet bookings.
22. LEGAL DISPUTES AND ARBITRATION AGREEMENT
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by email at
[email protected] to address any concerns, you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You and Aura each agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations over a period of not less than 30 days. In the event that we are unable to reach a resolution through good faith negotiations, the parties agree to submit the dispute to a mutually agreed mediation service, located within the State of Texas, for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the dispute and the relief requested. The parties shall cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties agree that the mediation will take place in Texas at a place to be mutually agreed upon but either party may elect to participate by telephone or video conference if allowed by the mediator. The parties agree that the mediator’s fees and expenses will be shared equally between the parties. The dispute resolution procedures in this section shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution after pursuing dispute resolution in Section 22(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance, and breach) or our Service, or the parties’ relationship with each other and/or your use of the Service, shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator must have served as a judge of a state or federal court located in the State of Texas. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds US$250.00, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. The non-prevailing party will be required to pay fees and costs incurred by the prevailing party in arbitration. If you prevail, we will also pay JAMS to reimburse you for any portion of the US$250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and Aura each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, class arbitration, or other representative action, and you and Aura each expressly waive our respective right to file a class action or class arbitration or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 22(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
F. Right to Opt-Out. If required by applicable law, you have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 22(B) and 22(C) by sending written notice of your decision to opt-out to
[email protected]. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
G. Exclusive Venue for Arbitration. To the extent that the parties do not agree to conduct arbitration via telephone or online, the parties agree that any arbitration shall be conducted in Tarrant County, Texas.
H. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 22(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 22, the parties agree that any litigation between them shall be filed exclusively in any state court located within Tarrant County, Texas or federal court within the Northern District of Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in any state court located within Tarrant County, Texas or federal court within the Northern District of Texas for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
I. Application of This and Related Provisions. This Section 22, along with Section 18 and Section 19, shall apply to any claim or demand related to these terms or the service that is brought or made after these Terms, as updated, became effective, regardless of whether the events or circumstances giving rise to such claim or demand occurred before these Terms, as so updated, became effective.
23. NOTIFICATION PROCEDURES
Where notices are required or permitted under these Terms, Aura will contact you via electronic communications (e.g., email, SMS messaging, application notifications, push notifications, etc.) in lieu of any other tangible notification such as mailings, personal deliveries, or service of process. We view this as a more efficient and effective means of communication with each of our Users, and you hereby acknowledge and agree that such notification is effective for all purposes as it is delivered by us. We reserve the right to determine the most efficient means for providing notifications to our Users. We further recommend that you add
[email protected] to your email address book to help ensure you receive email notifications from us.
24. ENTIRE AGREEMENT
These Terms, together with all amendments, all policies and other documents referenced in these Terms, and any other legal notices and agreements published by Aura via the Service, constitute the entire agreement between you and Aura concerning the Service and supersedes any prior agreement or understanding among them in respect of such subject matter.
25. SEVERABILITY
If any provision of these Terms, or the application of a provision to any person, entity, or circumstance, is held invalid under the law of any jurisdiction, the remainder of these Terms or the application of such provision to other persons, entities, or circumstances or in other jurisdictions shall not be affected thereby.
26. INTERPRETATION
Titles or headings appearing at the beginning of any of such subdivisions are for convenience only and shall not constitute part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions.
27. FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as strikes, blockade, war, terrorism, riots, natural disasters, and/or refusal of license by the government, insofar as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
28. NOTICE TO CALIFORNIA USERS
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to
[email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
29. ASSIGNMENT
We may assign our rights under these Terms without your approval and with or without notice to you.
30. NO MODIFICATIONS BY OUR EMPLOYEES
If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
31. CONTACT INFORMATION
If you have any questions about these Terms or the Service, please contact us at
[email protected]