Identity Defense License and Terms of Service
Last updated: October, 2018
1. Defined Terms
As used in these Terms, the following words shall have the following meanings. “Aura Company” includes “Aura”, “we”, “us” and variations such as “our”. “Services” includes the products, services and software that you order, receive or access through the Site or otherwise through the Services.
2. Use of the Services
You may not use the Services unless you are 18 years of age or older. Any information you provide to us must be true, accurate, current, and complete. You shall not use the Services for any illegal purpose and you shall abide by all applicable local, state, national, and international laws and regulations. The Services are made available for your personal use only, and not for commercial purposes. You may not use the Services to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance on, or other any use you make of, the Services. We do not provide the Services, or any advice or assistance, for the purpose of improving your credit report, credit history or credit rating. Please note that use of some Services may require your agreement to additional terms and you may be required to provide information to third-party service providers. Aura is not responsible for your agreement to or reliance upon any such terms. In addition, we will attempt to provide you with features of the Services that are available to you or that you elect to activate. If, for any reason, we are unable to activate a feature of the Services we will notify you via the Services and/or by email to the email address associated with your account, except where our inability to activate a feature of the Services was based on an action you elected not to take or made in error. Further, prior to the delivery of information relevant to certain alerts, we will require you to authenticate certain aspects of your identity and credit information. Absent your request to terminate, your inability to access any feature of the Services or the inability to authenticate your identity or credit information may not result in termination of the Services or suspension of billing unless otherwise terminated by Aura in our sole discretion. The sex offender (“Offender”) information that is used on this site is derived from official public records. In certain cases, we may not obtain all the address information associated with the Offender who is contained in the public record. Depending on the public record data available, we may not be able to plot the Offender on a map and, as such, we may elect to not show information about the Offender. Some of the official data is gathered from the Offenders themselves who are required by law to notify authorities about any changes to their place of residence. The information contained on this site makes no representation as to any Offender’s likelihood of re-offending or the nature of any future crimes they may commit. Aura has no control over the contents of official public records. If you believe the information on this website is incorrect, please contact the local police department in the applicable jurisdiction. That police department will be able to assist you directly or refer you to the appropriate authority. Harassing, stalking, defrauding, or threatening any Offender listed on this website most likely violates your state’s laws and is neither condoned nor encouraged by Aura, its directors, shareholders, or employees. A person listed on this website does not necessarily mean that individual is an Offender. Please verify all information and contact your local police department for help.
3. Limited Software License
4. Fees and Charges
You authorize us to charge your credit card or other account that you have designated. Monthly, annual and other periodic or renewal fees will be charged at the then current rate plus applicable tax. You may cancel any Services at any time by calling 1-888-217-0379. You have the right to cancel any or all subscriptions without fee or penalty at any time. In the event You enroll in a free trial of the Service, such free trial shall only be available if You are a first time customer of the Service. Only one free trial may be redeemed per person per 12-month period and we may refuse to register You to obtain any of our Services for any reason, including without limitation any of our Services that may be offered by means of a free trial.
5. Changes to Services, Fees or Terms; Termination
6. Electronic Notices and Communications
7. Export Restrictions
The Services are only available for purchase by residents of the United States of America (the “U.S.”). You understand and acknowledge that you may not sign up for the Services or download the Software from countries outside of the U.S. You agree to abide by U.S. and other applicable export control and import laws and not to transfer the Software to any country or person prohibited under such laws. Further, you acknowledge that the Software includes encryption capabilities that may be subject to export, import, and/or use controls under U.S. and other applicable laws. Accordingly, in no event may the Software, the underlying information and technology, and/or any support services be downloaded or otherwise exported, transferred, or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, the Crimea region of the Ukraine, or any other country or national of a country to which the U.S. has embargoed goods, sanctions, or other export restrictions; or (ii) to any person or entity prohibited by the U.S. Government, including but not limited to persons and entities on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Parties List or Entities List.
8. U.S. Government Restricted Rights
RESTRICTED RIGHTS LEGEND: All Aura software and documentation are commercial in nature. The Software and Software documentation are “Commercial Items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. § 252.227-7014(a)(1) and 48 C.F.R. § 252.227-7014(a)(5). The Software and any related documentation licensed to United States Government end users with only those rights as granted to all other end users will be according to the terms and conditions contained in these Terms and applicable sections of the Federal Acquisition Regulations, including but not limited to 48 C.F.R. §§ 12.212, 227.7202-1, 227.7202-3, and 227.7202-4.
9. Proprietary Rights
10. Third-Party Products and Web sites
We may offer or provide you access to products, services or web sites provided by third parties, including but not limited to promotional or incentive offers, or free services provided by third parties and web sites that hyperlink to our web site. Aura does not control or bear any responsibility for those web sites or third parties, including but not limited to their products or services or use by them of personal information you may provide them.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS ONLY. NEITHER WE, NOR ANY LICENSOR OR THIRD-PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, MAKES, AND EACH EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE SERVICE IS ERROR FREE OR SECURE. . WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT PROVIDED THROUGH THE SERVICES. AURA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OR OTHER OBJECTIVES. AURA DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN YOUR BEING HIRED, RETAINED, OR VIEWED IN A FAVORABLE LIGHT AND AURA IS NOT RESPONSIBLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, SALARY OR OTHER DECISIONS, FOR WHATEVER REASON MADE, BY ANY THIRD PARTY.
12. Limitation of Liability
In no event shall Aura, its partners, sponsors, advertisers, agents, employees, officers, directors or licensors, or any third party provider of any component of the Services be liable for any consequential, indirect, special, exemplary, punitive or similar damages arising from or related to the Services, including but not limited to any loss or damage caused by your reliance on information obtained through the Services, even if advised of the possibility of such damages in advance. Aura is not liable for any personal injury, including death, caused by your use or misuse of the Services. When using the Services, information may be transmitted over a medium which is beyond the control and jurisdiction of Aura, its partners, advertisers, and sponsors. Accordingly, Aura assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services. Further, any software, material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk and you shall be solely responsible for any injury, including without limitation damage to your computer system or loss of data that results from the download of such material and/or data. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AURA IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID FOR THE SERVICES IN THE ONE-YEAR PERIOD PRIOR TO THE DATE THAT YOUR CLAIM ARISES. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW. PLEASE NOTE THAT THE LIMITATION OF LIABILITY AND REMEDIES SET FORTH IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
13. Accounts & Passwords
Registration as a user or subscriber with the Services may require both a user name and a password, and certain portions of the Site may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Site or Services and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
15. Agreement to Arbitrate
16. Miscellaneous Provisions
Identity theft insurance is governed by a master policy the terms of which are incorporated herein by reference. The issuance of the policy is evidenced by an insurance certificate, summary of benefits, or other similar document, that has been provided to You. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy. To view these Terms and our website, You must use a supported browser. You may obtain a paper copy of these disclosures by calling 1-855-443-7748. These Terms are governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles.
17. Credit Report-Related Disclosures
This product is not intended as a substitute for consumer reports or other information that may be available to You without charge. Under the Fair Credit Reporting Act You are entitled to obtain one free credit file disclosure annually from each of the three nationwide credit reporting systems (Equifax®, Experian®, and TransUnion®) and You may be eligible for additional free reports under certain circumstances, such as, if You are unemployed and intend to apply for employment, if You are receiving public welfare assistance, if You have reason to believe information in Your file is inaccurate as a result of fraud, if You have placed a fraud alert or extended fraud alert on Your file, or if You have been subject to an adverse action based in whole or in part on the contents of Your consumer report. You also may be entitled to free file disclosures under state law. MA, VT, CO, MD, ME and NJ permit consumers to obtain one credit file per credit reporting agency per year, free of charge. GA permits consumers to obtain two credit files per credit reporting agency per year, free of charge. NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE. The states of MA, VT, CO, NJ, MD and ME permit consumers to obtain one credit report per credit reporting agency per year, free of charge. The state of GA permits consumers to obtain two credit reports per credit reporting agency per year, free of charge. This Service is not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to You. Neither You nor anyone else has the right to have accurate and current information removed from Your credit report. If information in Your credit report is inaccurate, You have the right to dispute it by contacting the credit bureau directly.
18. Trademark and Copyright
©2018 Aura Company All rights reserved. AURA and Identity Defense are trademarks or federally registered trademarks of Aura Company The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; Experian is a registered trademark of Experian, Inc.; TransUnion is a registered trademark of TransUnion, LLC; Watson is a trademark of IBM Corporation; and other trademarks are trademarks of their respective owners.