Disclaimer
The materials, features, information, and content on the Aurora website may contain technical, typographical, or other errors or inaccuracies, and may be incomplete or outdated. The Company does not guarantee the accuracy, completeness, or timeliness of any materials or information on the Aurora website. The Company may change any materials or information on the Aurora website at any time without notice, but the Company undertakes not to update or remove any materials or information on the Aurora website. The Company does not warrant that the content provided on the Aurora website is suitable for the United States and its territories and possessions outside the United States, nor does it warrant its legality or suitability for access or use.
Without limiting the foregoing or any other provision in this Agreement, the Aurora website and all its content are provided "as is" by the Company without warranty of defects and without any express or implied warranties. All warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, uninterrupted use, quiet enjoyment, system integration, accuracy, information security, or reliability, are expressly excluded and disclaimed. The Company does not guarantee that the Aurora website (whether in whole or in part) will meet the user's system requirements. Users of the Aurora website assume all risks associated with the quality, accuracy, suitability, availability, and performance of the Aurora website and its content, and acknowledge that the Aurora website and its content may be revised, changed, or modified at any time at the company's sole discretion. The company makes no representation or warranty that the Aurora website will continue to operate, operate uninterruptedly, or operate without errors, nor does it warrant that any defects will be corrected, or that the Aurora website or any website mentioned or linked herein is free of viruses or other harmful components. The company assumes no responsibility for any damage to your computer equipment or other property or potential virus infection resulting from your access to, use of, or browsing of any Aurora website, or from downloading or uploading any materials, data, text, or content from the Aurora website. If you are not satisfied with any Aurora website, please stop using it.
Limitation of Liability
The company assumes no responsibility for any loss or damage arising from the use of or reliance on the Aurora website or Aurora content. Under no circumstances shall the Company or any of its affiliates be liable for any loss of profits, loss of savings, loss of data, business interruption, or other direct, indirect, punitive, special, consequential, or incidental damages or claims (whether in contract, tort, or otherwise) arising out of or related to your use of the Aurora Website, Aurora Content, or inability to use the Aurora Website, even if you have claimed to have informed the Company of the possibility of such loss or damage. If any warranty disclaimer or limitation of liability in this Agreement is held to be invalid or unenforceable for any reason, the Company or any of its affiliates shall not be liable for any claim (whether in contract, tort, or otherwise) arising out of the Aurora Website, its use, or its content, not exceeding one thousand US dollars (US$1,000.00). All users of the Aurora Website understand and agree that: (I) the mutual agreements entered into in this Section reflect a reasonable allocation of risk, and (II) this Agreement would not have been entered into without these limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, our investment advisors, and their affiliated directors, officers, members, partners, employees, agents, and representatives from and against any and all claims, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in any manner: (i) your use of the Aurora website or Aurora content; (ii) materials you submit; or (iii) your breach of law or this Agreement. We reserve the right to exclusively defend and control any matter that would otherwise be at your expense, and in such case, you agree to cooperate with any such defense.
Governing Law
We operate the Aurora website in the State of California, USA. The use of the Aurora website and Aurora content, all transactions arising out of the use of the Aurora website, and this Agreement shall, in all respects, be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law principles that may lead to the application of the laws of any other jurisdiction. Any dispute between us or our affiliates and any user of the Aurora website shall be resolved in accordance with the Dispute Resolution Clause of this Agreement. If the Dispute Resolution clause does not apply to any claim, or if the Arbitration Agreement has been cancelled pursuant to the terms of this Agreement, all disputes shall be settled in the state or federal courts located in Los Angeles County, California, and each user hereby irrevocably agrees to submit to the personal jurisdiction of such courts. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
Dispute Resolution
If you believe that there is a dispute or claim between you and us arising from your use of the Aurora website and Aurora content or under this Agreement, you agree to first engage in at least 30 days of informal consultation with the Company. For this purpose, you must give us written notice, which should include your full name and contact details, the nature and basis of your dispute or claim, and your proposed solutions, to 1521 Blake St Ste 47009, Denver, CO 80202, to: General Counsel.
If you are located, registered, have an office, or conduct business in a jurisdiction where these Terms apply, you understand and agree that any dispute, claim, or controversy arising out of or relating to this Agreement, including your use and access to the Aurora website or any other Aurora content, including but not limited to claims regarding whether any services provided by Aurora or its employees or employees are unnecessary, unauthorized, improper, negligent, or incompetent, shall be settled ultimately and exclusively through binding arbitration in accordance with the American Arbitration Association's (“AAA”) Rules of Commercial Arbitration and Mediation Procedures and Supplemental Procedures for Consumer-Related Disputes, and not through litigation or court proceedings, unless the laws of California provide for judicial review of the arbitration proceedings. Any such arbitration shall be conducted in Los Angeles, California. Each party shall have the right to seek injunctive relief or other equitable relief from a competent court to prevent actual or potential infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property rights. You are responsible for paying all AAA’s filing fees, administrative fees, and arbitrator fees as required by the American Arbitration Association (AAA) Rules.
You acknowledge and agree that both parties waive their right to a jury trial and their right to participate as plaintiffs or class members in any so-called class action or representative action. The parties further agree that the arbitrators, not any federal, state, or district courts or agencies, shall have exclusive jurisdiction over any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement.
If you are not located in the United States, do not have an establishment or office in the United States, and do not conduct business in the United States, any arbitration between you and Aurora shall be subject to final award by one or more arbitrators appointed under the International Chamber of Commerce Arbitration Rules (“ICC Rules”) and administered by the International Court of Arbitration of the International Chamber of Commerce.
You may cancel this Arbitration Agreement by giving written notice to Aurora within 30 days of accepting this Agreement. If you choose to waive the arbitration clause, all other provisions of this Agreement shall remain in full force and effect.
Amendments
You agree that we may amend the terms of this Agreement at our sole discretion without prior notice, and your right to access the Aurora website depends on your continued compliance with the then-current version of this Agreement. We will post notice on this page within thirty (30) days of any revision or modification to this Agreement. Your continued access to the Aurora website thirty (30) days after the initial posting of the revised Agreement constitutes your acceptance of the new Agreement. We assume no responsibility for any failure to actually receive notice. It is your responsibility to check this page periodically for any possible modifications.
Termination
We may terminate, modify, suspend, or discontinue any aspect of the Aurora website at any time. We may restrict, suspend, or terminate your access to the Aurora website and/or any Aurora content if, in our sole judgment, we believe that you have violated this Agreement or applicable law, or engaged in any activity that may harm the reputation, rights, person, or property of the Company, our users, or any other person.
General
Each provision of this Agreement shall be construed as valid and enforceable to the fullest extent possible. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to have been modified to approximate its original intent. Any invalid or unenforceable portion shall be interpreted as narrowly as possible to ensure the remaining parts of this Agreement are valid to the fullest extent possible.
Any headings or names in this Agreement are added for convenience only and should not have any other meaning.
This Agreement and the applicable Privacy Policy constitute the entire agreement and understanding between the Company and users of the Aurora website regarding their subject matter, and supersede any prior statements, advertisements, statements, proposals, negotiations, discussions, understandings, agreements, or other communications made with respect to the same subject matter.
Forward-Looking Statements
The statements contained herein may constitute “forward-looking statements”, which relate to future events or the future performance or financial condition of the Company and its affiliates. These statements are not guarantees of future performance, conditions, or results, and reflect only our subjective judgment and should not be used as a basis for investment decisions. Actual results and conditions may differ materially from those expressed in forward-looking statements due to a variety of factors, including those described in our filings with the U.S. Securities and Exchange Commission from time to time. We cannot guarantee that future performance will meet our expectations. You should not rely on the information on the Aurora website, but should refer to our official filings with the U.S. Securities and Exchange Commission. Similarly, links on the Aurora website are not intended to incorporate or endorse any third-party statements regarding our financial condition or future earnings.