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Terms and Conditions

Please read these terms carefully before using our Online Services.

These terms and conditions, together with any documents expressly incorporated herein by reference, each as may be amended from time to time (collectively, these “Terms”), are entered into by and between you (“User” or “you”) and Aura Financial Corporation (together with its affiliates, including Aura Financial LLC, “Aura” or “we”). These Terms govern your access and use of the www.myaura.com website and any other Aura websites and applications that link to these Terms (collectively, the "Online Services"), including any content, functionality and services offered on or through the Online Services. 

The Online Services are comprised of various platforms operated by Aura. Aura works with existing businesses and their associated brands to offer Aura loans to customers and subsequently service those loans. In these Terms, the term “Marketer” refers to each such business working with Aura. The branding and trademarks of Marketers may appear on the Online Services, but it does not mean that you are interacting with or doing business with the Marketer. This Online Services are entirely owned and operated by Aura and any business you do on the Online Services is solely between you and Aura.

The Online Services may be used only for the following purposes: obtaining information about a credit product; obtaining and submitting applications for a credit product; if available, reviewing the status of your credit product account (“account”) online and obtaining online customer service assistance regarding your account; and other purposes as expressly permitted by the Online Services.

Acceptance of the Terms

The Online Services are offered and available only to Users who have reached the age of majority in their jurisdiction of residence and conditioned on Users’ acceptance without modification of the terms, conditions, and notices contained herein. By accessing and using the Online Services, you represent and warrant that you are of legal age to form a binding contract with Aura and you accept and agree to be bound and abide by these Terms, including the Privacy Policy found here (the “Privacy Policy”) (as may be supplemented, as applicable, by the Consumer Privacy Policy Notice found here [Note: please link to privacy policy in our app disclosures if possible]) as well as any other policies described in the Online Services, each of which is hereby incorporated into these Terms. If you do not agree to be bound and abide by these Terms, you must not access or use the Online Services.

Please read these Terms carefully, and keep a copy of them for your reference.

These Terms apply exclusively to your access to and use of the Online Services and do not alter the terms or conditions of any other agreement you may have with Aura or a Marketer, including the credit agreement for a credit product.

Privacy

All information we collect through the Online Services is subject to the Privacy Policy. Please review the Privacy Policy, which governs your access and use of the Online Services and informs you of our data privacy practices. By accessing and using the Online Services, you consent to all actions taken by Aura with respect to your information in compliance with the Privacy Policy.

Electronic Communications

You consent to receive electronic communications from Aura and you agree that all notices, disclosures and other communications that Aura provides to you electronically in relation to your use of the Online Services, including via email or via the Online Services, satisfy any legal requirement that such communications be in writing.

Accessing the Online Services and Account Security

You are responsible for making all arrangements necessary for you to have access to the Online Services and ensuring that all persons who access the Online Services through your internet connection are aware of these Terms and comply with them.

To access the Online Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Online Services that all the information you provide on the Online Services is correct, current and complete. You agree that all information you provide to register with the Online Services or otherwise is governed by the Privacy Policy, and you consent to all actions Aura takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a username, password and other security information (“security information”) to open an account, you are responsible for maintaining the confidentiality of such security information and your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or security information. You acknowledge that your account is personal to you. You agree not to provide any other person with access to the Online Services using your security information, and you may not assign or otherwise transfer your account to any other person. You acknowledge that Aura is not responsible for third party access to your account that results from theft or misappropriation of your account. You agree to notify Aura immediately of any unauthorized access to or use of your security information or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your security information or other personal information.

Aura reserves the right to withdraw or amend the Online Services, refuse or cancel service, terminate accounts, or remove or edit any Protected Content (as defined below) in its sole discretion without notice. Aura has the right to disable any username or password, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason, including if, in its opinion, you are in breach of any provision of these Terms. Aura will not be liable if for any reason all or any part of the Online Services is unavailable at any time or for any period. From time to time, Aura may restrict access to some parts of the Online Services, or the entire Online Services.

You must have reached the age of majority in your jurisdiction of residence to use the Online Services. Aura does not knowingly collect, either online or offline, personal information from persons under the age of 18.

Links to Third Party Sites/Third Party Services

The Online Services may contain links to other websites and resources provided by third parties ("Linked Sites"). The Linked Sites are not under the control of Aura. Aura is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, or for any loss or damage that may arise from your use of a Linked Site. Aura is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aura of the Linked Site or any association with its operators. If you decide to access any Linked Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Site.

Certain services made available via the Online Services are delivered by third parties. By using any product, service or functionality originating from the Online Services, you hereby acknowledge and consent that Aura may share such information and data with any third party with whom Aura has a contractual relationship to provide the requested product, service or functionality on behalf of Users.

Intellectual Property

The Online Services and their entire contents, features, and functionalities, including, but not limited to, all information, materials, text, graphics, logos, images, video, audio, design, as well as the compilation thereof, and any software used on the Online Services (collectively “Protected Content”), are the property of Aura or its licensors or other providers of such Protected Content and are protected by copyright and other intellectual property and proprietary rights laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained therein and will not make any changes thereto.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Online Services strictly in accordance with these Terms. As a condition of your use of the Online Services, you agree that you will not use the Online Services for any purpose that is unlawful or prohibited by these Terms. You may use the Online Services for your personal, non-commercial use only.

You will not modify, reproduce, distribute, publish, download, store, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found on the Online Services, except as follows:

  • Your computer may temporarily store copies of Protected Content in RAM incidental to your accessing and viewing such Protected Content.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download Protected Content where such feature is intentionally made available or provided for through the Online Services and for your personal, non-commercial use.

Protected Content is not for resale. Your access to the Online Services does not entitle you to make any unauthorized use of any Protected Content, and in particular you will not delete or alter any copyright or other proprietary rights or attribution notices from or in any Protected Content. You will use the Protected Content solely for your personal, non-commercial use, and will make no other use of the Protected Content without the express written permission of Aura and (if different) the owner of such Protected Content.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Online Services in breach of these Terms, your right to use the Online Services will cease immediately and you must, at Aura’s option, return or destroy any copies of the Protected Content you have. Except as expressly authorized by these Terms, no license (express or implied), right, title or interest in or to the Online Services or any Protected Content is granted or transferred to you, and all rights not expressly granted are reserved by Aura. Any use of the Online Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright and other intellectual property and proprietary rights.

Trademarks

Aura’s name, logos, product and service names, designs and slogans are trademarks of Aura or its licensors. You must not use such marks without the prior written permission of Aura. All other names, logos, product and service names, designs and slogans on the Online Services are the trademarks of their respective owners.

Prohibited Uses

You may not obtain or attempt to obtain any Protected Content through any means not intentionally made available or provided for through the Online Services.

You may use the Online Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Online Services in any way that violates any applicable federal, state, local or international law or regulation (“Applicable Law”).

  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Online Services, or which, as determined by us, may harm Aura or other Users of the Online Services or expose them to liability.

  • Use the Online Services in any manner that could disable, overburden, damage, or impair the Online Services or interfere with any other person's use of the Online Services.

  • Use any robot, spider or other automatic device, process or means to access the Online Services for any purpose, including monitoring or copying any Protected Content.

  • Use any device, software or routine that interferes with the proper working of the Online Services.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Obtain or attempt to obtain any Protected Content through any means not intentionally made available or provided for through the Online Services.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Online Services, the server on which any Online Services is stored, or any server, computer or database connected to the Online Services.

  • Otherwise attempt to interfere with the proper working of the Online Services.

International Users

The Online Services are controlled, operated and administered by Aura from its offices within the United States. Aura provides the Online Services for use only by persons in the United States. Aura makes no claims that the Online Services or any Protected Content is accessible or appropriate outside the United States. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Online Services from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all Applicable Law, including local laws and regulations. You agree that you will not use the Protected Content accessed through the Online Services in any country or in any manner prohibited by any Applicable Law.

Indemnification

You agree to indemnify, defend and hold harmless Aura, including any affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, service providers, suppliers, successors and assigns, from and against any claims, judgments, awards, damages, losses, costs, liabilities, costs and expenses (including reasonable attorneys' fees) relating to or arising out your use of (or inability to use) the Online Services or your breach of these Terms, including, but not limited to, your use of Protected Content, services and products other than as expressly authorized herein, your violation of any rights of a third party, or your violation of any Applicable Law.

Aura reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Aura in asserting any available defenses.

DISCLAIMER OF WARRANTIES

THE ONLINE SERVICES, THEIR CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AURA AND/OR ANYONE ASSOCIATED WITH AURA MAY MAKE IMPROVEMENTS IN AND/OR CHANGES TO THE ONLINE SERVICES AT ANY TIME. THEREFORE, THE ONLINE SERVICES, THEIR CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES MAY BE OUT-OF-DATE AT ANY GIVEN TIME.

YOUR USE OF THE ONLINE SERVICES, THEIR CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES, THEIR CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AURA NOR ANYONE ASSOCIATED WITH AURA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, SUITABILITY, RELIABILITY, TIMELINESS, QUALITY, ACCURACY OR AVAILABILITY OF THE ONLINE SERVICES, THEIR CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER AURA NOR ANYONE ASSOCIATED WITH AURA REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, THEIR CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ONLINE SERVICES, THEIR CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AURA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AURA, INCLUDING ANY AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, OR THE PERFORMANCE OF, THE ONLINE SERVICES, ANY LINKED SITE, OR ANY CONTENT AND ANY SOFTWARE, PRODUCTS, SERVICES OR ITEMS INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES OR ANY LINKED SITE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT AURA OR ANYONE ASSOCIATED WITH AURA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE SERVICES.

Termination/Access Restriction

Aura reserves the right, in its sole discretion, to terminate your access to the Online Services, any Protected Content, or any portion thereof at any time, without notice. Use of the Online Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Changes to Terms

Aura may revise and update these Terms from time to time in its sole discretion. The most current version of the Terms will supersede all previous versions. All changes are effective immediately when Aura posts them, and apply to all access to and use of the Online Services thereafter. Your continued use of the Online Services following the posting of revised Terms means that you accept and agree to the changes. Aura encourages you to periodically review the Terms to stay informed of any updates, as they are binding on you.

Governing Law and Jurisdiction

All matters relating to the Online Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, the Online Services or these Terms will be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

The Terms constitute the sole and entire agreement between you and Aura with respect to the Online Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between you and Aura with respect to the Online Services.

Miscellaneous

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aura as a result of these Terms or your use of the Online Services.

No waiver by Aura of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aura to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Aura's performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Aura's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Online Services or information provided to or gathered by Aura with respect to such use.

Contact Us The Online Services are operated by Aura, located at:

1721 Broadway, Suite 201 Oakland, CA 94612 Please note that this address is not a retail location.  Should you have any questions, feedback, comments, or requests for technical support relating to the Online Services, please contact Aura at: customercare@mylendify.com

Effective as of April 28, 2020