Terms of Service
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Overview
This website is operated by AuraCam. Throughout the site, the terms “we”, “us” and “our” refer to AuraCam. AuraCam offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store are also subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of the Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
Section 1 — Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 — Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information, which is provided for your reference only and is not current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.
Section 4 — Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 — Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your monitor’s display of any color will be accurate.
We reserve the right—but are not obligated—to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit quantities of any products or services that we offer. All product descriptions or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 — Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same account, the same credit card, and/or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you via the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update account information—including your email address and credit card numbers and expiration dates—so we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 — Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Section 8 — Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 — User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation (1) to maintain comments in confidence; (2) to pay compensation for comments; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right; will not contain unlawful, abusive, or obscene material; and will not contain any computer virus or other malware. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy.
Section 10 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 — Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
Section 12 — Prohibited Uses
In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Section 13 — Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AuraCam, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
Section 14 — Indemnification
You agree to indemnify, defend, and hold harmless AuraCam and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 15 — Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 — Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
Section 17 — Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 18 — Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States, to the extent applicable, and otherwise the laws applicable in your jurisdiction.
Section 19 — Changes to Terms of Service
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Section 20 — SMS/MMS Mobile Message Marketing Program Terms and Conditions
AuraCam (hereinafter, “We,” “Us,” “Our”) offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (together, the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms, including your agreement to resolve disputes through binding, individual-only arbitration, as detailed below. This Agreement is limited to the Program and does not modify other Terms or policies that may govern the relationship between you and us in other contexts.
User Opt-In
The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in, such as through online or application-based enrollment forms. Regardless of the opt-in method, by participating 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. Message and data rates may apply. Message frequency varies.
User Opt-Out
If you do not wish to continue participating in the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us to opt out. You may receive an additional message confirming your decision to opt out. Our platform may not recognize unsubscribe requests that vary from these keywords; we will have no liability for failing to honor such requests.
Program Description; Cost and Frequency
Without limiting the scope of the Program, users that opt in can expect messages concerning the marketing, promotion, payment, delivery, and sale of our digital and physical products and services. Messages may include checkout reminders. Message and data rates may apply. You agree to receive messages periodically at our discretion; frequency will vary and may be recurring, including additional messages based on your interactions with us.
Support
For support regarding the Program, text HELP to the number you received messages from or email us at support@Aura-Cam.com. (Note: Emailing is not an acceptable method of opting out. Use the keywords above.)
MMS Disclosure
The Program will send SMS messages if your mobile device does not support MMS messaging.
Disclaimer of Warranty
The Program is offered on an “as-is” basis and may not be available in all areas or at all times and may cease to function due to changes by your wireless carrier. We will not be liable for delays or failures in the receipt of any mobile messages connected with this Program. Delivery is subject to effective transmission by your wireless service provider and is outside of our control. Carriers are not liable for delayed or undelivered messages.
Participant Requirements
You must have your own wireless device capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all providers carry the necessary service to participate.
Age Restriction
You may not use or engage with the Program if you are under thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission.
Prohibited Content
- Fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, or discrimination based on protected characteristics;
- Pirated programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion unlawful where received;
- Content that implicates or references protected personal health information (e.g., under HIPAA/HITECH); and
- Any other content prohibited by applicable law in the sending jurisdiction.
Dispute Resolution; Arbitration
In the event of any dispute, claim, or controversy between you and us (or between you and any third-party service provider acting on our behalf to transmit mobile messages within the scope of the Program) arising out of or relating to statutory or 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 shall, to the fullest extent permitted by law, be determined by arbitration in Toronto, Ontario 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 AuraCam’s principal place of business is located, without regard to 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 knowledge of 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 satisfies the experience requirement. The arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). 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 as 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 may order one party to pay all or any portion of such fees as part of a well-reasoned decision. The arbitrator has authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator has no authority to award punitive damages, and each party waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
CLASS ACTION WAIVER: 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. Unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims or preside over any form of 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 necessary to protect or pursue a legal right. If any term of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity shall not affect any other term of this Section or render it unenforceable 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 survives any cancellation or termination of your agreement to participate in the Program.
Florida Law
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For compliance purposes, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the Program, (1) your provided shipping address is 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 those statutes do not apply to you if you do not meet either criterion or do not affirmatively advise us in writing that you are a Florida resident. To the extent relevant and applicable, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including responses to keywords, opt-in, help, stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call.”
Miscellaneous (Program)
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. The failure of either party to exercise any right provided herein will not be deemed a waiver. If any provision of this Agreement is unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect. Any new features, changes, updates, or improvements of the Program are subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time and will communicate updates to you. By continuing to participate in the Program after any such changes, you accept this Agreement as modified.
Section 21 — SMS Marketing
By consenting to AuraCam’s SMS marketing in checkout and initializing a purchase or subscribing via our tools, you agree to receive recurring text notifications (including order and abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews—even if your mobile number is on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from text marketing messages and notifications, reply STOP to any message from us or use the unsubscribe link provided in our messages. Alternative words or requests may not be recognized as a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, text HELP to the number you received messages from or email support@Aura-Cam.com. We may modify any telephone number or short code we use to operate the service at any time; you will be notified in such cases. Messages sent to a changed number or short code (including STOP/HELP requests) may not be received, and we will not be liable for honoring requests made in such messages. Your right to privacy is important to us. See our Privacy Policy for how we collect and use your personal information.
Section 22 — Contact Information
Questions about the Terms of Service should be sent to support@Aura-Cam.com.
AuraCam
135 Logan Ave, Toronto, ON M4M 2M9
Email: support@Aura-Cam.com