These terms of use (the “Terms”) are entered into between you and Aureliavive Jewelry, its parents, affiliates, and related companies (“Aureliavive,” “we,” “us,” “our”). The following Terms govern your access to and use of the Aureliavive website www.Aureliavivejewelry.com, its microsites, mobile websites, mobile applications, and your use of interactive features, widgets, plug-ins, content, products, assets, downloads and/or other online services that we own and control or that post a link to these Terms (collectively, the “Website”).

Please read these Terms carefully before you start to use the Website. BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY FOUND HERE WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms or our Privacy Policy you must not access our Website.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of any revised Terms or Privacy Policy means you agree to the changes.

ACCESS AND USE OF THE WEBSITE.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, if, in our opinion, you have violated any provision of these Terms of Service.

The Website may also contain chat areas, chat bots, or other message or communication features (collectively, “Interactive Features”). You agree to use the Interactive Features only to post, send, and receive messages and material that are proper and relevant to the Aureliavive business. You agree to use any Interactive Features in accordance with these Terms.

Aureliavive does not control or endorse the content, messages, or information found in any Interactive Feature and specifically disclaims any liability with regard to the Interactive Feature and any actions resulting from your use of the Interactive Feature. Aureliavive reserves the right to review content posted to an Interactive Feature and to remove any content at any time without notice to you for any reason whatsoever.

INTELLECTUAL PROPERTY RIGHTS.

All contents, features, and functionality (including but not limited to all information, software, text, trademarks, logos, displays, images, video, and audio, and the design, selection, and arrangement thereof) included in the Website are owned by Aureliavive, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works, republish or transmit the Website, in whole or in part, or in any way without our prior written consent.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Aureliavive. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may not use any name, logo, tagline or other mark of Aureliavive without our prior written consent.

THIRD PARTY MATERIALS.

The Website may contain certain content, features, links, and functionality that is provided by third parties (collectively, “Third Party Materials”) and is not under the control of Aureliavive nor is Aureliavive responsible for the accuracy, completeness, timeliness, or reliability of Third Party Materials. Your use of and interaction with such Third Party Materials may be subject to separate terms and conditions of that third party and Aureliavive is not responsible for any form of transmission received from any Third Party Materials. The inclusion of Third Party Materials does not imply an endorsement by Aureliavive or any association with the third party.

MERCHANDISE AND ORDERS.

Among other things, Aureliavive provides information concerning various products and services as well as the opportunity to obtain additional information regarding those products or purchases or to purchase them. Such information may contain errors, omissions, typographical errors or may be out of date and is provided for informational purposes only and is not binding on Aureliavive in any way.

All descriptions, images, references, features, content, specifications, products, and prices of products and services mentioned or depicted on the Website are subject to change at any time without notice. Unless expressly stated otherwise, all prices displayed on the Website are quoted in U.S. dollars unless a change in currency is selected.

PRICE AND PAYMENT.

Aureliavive will add shipping and handling fees, and applicable sales/use tax as necessary in the United States only. UNLESS OTHERWISE EXPRESSLY STATED IN WRITING YOU AGREE IT IS YOUR RESPONSIBILITY TO PAY ALL FEES AND CHARGES INCURRED IN CONNECTION WITH YOUR PURCHASE, INCLUDING ANY APPLICABLE TAXES (INCLUDING WITHOUT LIMITATION, INDIRECT TAXES, VALUE ADDED TAXES, FEES, DUTY, IMPORT/EXPORT CHARGES, OR ANY SIMILAR GOVERNMENTAL CHARGES NOT INCLUDED IN THE PRICE OF OUR PRODUCTS (COLLECTIVELY, “TAXES”), SHIPPING, HANDLING FEES, AND SURCHARGES AT THE RATES IN EFFECT WHEN THE CHARGES WERE INCURRED (THESE FEES, TOGETHER WITH “TAXES” ARE “FEES”).

CERTAIN FEES MAY NOT BE INCLUDED IN THE PRICE OF OUR PRODUCTS AND YOU ARE SOLELY RESPONSIBLE FOR PAYING ANY SUCH FEE IMPOSED ON YOUR PURCHASE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Aureliavive FROM ANY TAX LIABILITY OR PENALTIES THAT MAY ARISE FROM YOUR FAILURE TO FULFILL YOUR OBLIGATIONS HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT AS A RESULT OF YOUR FAILURE OR UNWILLINGNESS TO PAY THE FEES. WITHOUT LIMITING THE FOREGOING, THIS INCLUDES Aureliavive’S THIRTY (30) DAY RETURN POLICY.

We reserve the right without notice to you to discontinue or change specifications, availability, and prices on products and services offered on the Website without any obligation to you. We reserve the right, for any reason and at any time, to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. If your credit card has already been charged for a purchase and we need to cancel your order, we will issue a credit to your credit card in a reasonable time frame.

Shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the applicable carrier. Aureliavive cannot be held liable for cases wherein jewelry is not in our possession. This includes shipping, handling, packaging, etc. If you want to make sure your warranty does not become void, please consult us to decide on the best way to ship and receive jewelry safely.

When ordering merchandise from Aureliavive, you may be able to further personalize your purchase with an engraving or personal message (“Custom Content”). Kezyar reserves the right to omit, edit, and/or modify any and all Custom Content in our sole discretion. We are not liable for any damage or expense resulting from any errors, modifications, or omissions made in transcribing Custom Content.

Restrictions on Discounts and Coupons

Only one discount or promotional code may be applied per order at checkout. Discounts, promotional codes, and special offers cannot be combined unless explicitly stated otherwise. If multiple discounts are applied in violation of this policy, we reserve the right to cancel or modify the applicable discounts on the order.

PRODUCT WARRANTIES.

Aureliavive is proud to offer a lifetime warranty on all qualifying jewelry purchased in-store and online. We stand behind our products and will happily replace your item or offer you a refund equal to the original price (the “Aureliavive Warranty”).

Aureliavive provides free inspection and refurbishment, as well as plating, during the natural lifetime of its products. Aureliavive will advise customers about any parts that have been damaged or worn to the point of being beyond repair and restoration.

By purchasing a Aureliavive product, you agree to the Aureliavive Warranty. No signature or further action is required. The Aureliavive Warranty applies from the date you receive a product for the first time and applies to common defects including loose prongs, cleaning, rhodium plating, etc. It does not apply to the application of abrasive materials, exposure to damaging temperatures and environments, third party repairs and alterations, misuse, negligence, or any materials provided by you.

The Aureliavive Warranty does not cover cases of unusual, extreme, a wantonly damaging process, or gratuitous wear and tear. In these cases, you shall be liable for all damage caused. Aureliavive CANNOT BE HELD LIABLE FOR JEWELRY THAT REQUIRES REPAIRS DUE TO NATURAL AND EXTRAORDINARY WEAR AND TEAR OR UNUSUAL, EXTREME, OR A WANTONLY DAMAGING PROCESS. Certain types of items are not covered by the Aureliavive Warranty, such as, pendants, necklaces, bracelet chains, ear-backs, nose rings, and other non-standard body jewelry.

At the start of any warranty case, we start by inspecting a returned product with the help of a Aureliavive jewelry expert. When evaluating your warranty request, we will consider your efforts to maintain the integrity of your Aureliavive jewelry. You understand and agree that it is your responsibility to have your purchase maintained by us to ensure its longevity. On average, jewelry necessitates maintenance about once per year but can vary depending on the use the jewelry is subject to.

We appraise the repairs required and price any that aren’t covered by the Aureliavive Warranty. We will then inform you about any paid repairs that may be necessary. We will not charge nor make paid alteration or repairs without your express permission. Once an order is made, we will cover shipping and insurance costs, however, all subsequent shipping and insurance costs are your responsibility.

If a defect is discovered, the jewelry must be returned to Aureliavive for inspection. Any attempts to repair the jewelry can lead to a void of warranty. Any evaluations done on your own or by third parties may not be upheld by a Aureliavive expert.

Any resizing, customizing, and otherwise altering to jewelry via third party will automatically void the Aureliavive warranty.

The loss and/or theft of center stones are not covered by the Aureliavive Warranty. To avoid disappointment, we strongly recommend returning jewelry to us for inspection at the first sign of possible misplacement.

SHIPPING AND CUSTOMS.

Import duties and taxes may apply for international orders. Aureliavive currently uses FedEx DDP and similar carriersfor certain shipping, customs, and tax services. Accordingly, the local FedEx branch in the shipping destination country has the responsibility for customs clearance and tax payments. You are the “Importer of Record” for your purchase and there may be cases where your local FedEx branch requires your timely cooperation to complete the clearance process (for example, providing documents, or in certain countries, hiring a local broker when the local FedEx branch lacks the legal authority to clear shipments without external assistance).

Aureliavive’s only responsibility is our pre-approved payment to FedEx DDP or a similar carrier of our choosing at the time of your applicable purchase. You acknowledge and agree that Aureliavive has no responsibility or liability in connection with any destination-specific processes or delays. It is your responsibility to verify in advance with your local authorities how straightforward or complex the clearance process will be and what is required of them. Except in certain instances at Aureliavive’s sole and absolute discretion, Aureliavive will not honor refund requests, compensation claims, for additional clearance costs, or similar requests arising from these processes. Aureliavive’s products and services are priced in USD and exact pricing in other currencies is subject to change daily/anytime according to exchange rates and extra payment processing rates overseas.

For more about international rates, visit here.

Missing Shipments.

Aureliavive works with a team of reputable carriers to track and deliver purchases to the shipping address provided by you. You are fully responsible for providing Aureliavive with accurate shipping information, which can receive deliveries for similar packages. In the unlikely event that our carrier loses or misplaces your shipment, Aureliavive may agree to refund or replace your purchase, at its sole discretion, provided that you fully complete, sign, and notarize Aureliavive’s Customer Verification Statement for Missing Shipment.

For more information about Aureliavive’s shipping policies please click here.

RETURNS.

Most Aureliavive products purchased on the Website may be returned for a full refund within thirty (30) days from the first delivery confirmation date of your order and in accordance with our instructions. It is your responsibility to follow our instructions to best ensure that your Aureliavive purchase is returned for a full refund within thirty (30) days from the first delivery confirmation date of your order and in accordance with our instructions. It is your responsibility to follow our instructions to best ensure that your Aureliavive purchase is returned to us in perfect condition. Except for any items that we agree to insure, we are not responsible for any lost returns. Items sent for return 1) must be intact and in perfect condition, 2) the jewelry contains a center diamond with a corresponding certificate, the original certificate must be included, 3) the corresponding Aureliavive Jewelry Appraisal must be sent back as well.

Upon our receipt of your proper return, Aureliavive may determine in its sole and reasonable discretion whether you are eligible for a refund and if you will receive a full refund in your original form of payment. Monetary refunds will only be processed while the return is in our possession and cannot be issued once your order is out for shipping or if it’s on its way back to our office. Please allow approximately fourteen (14) business days for us to process your return.

Aureliavive will not refund any custom-made Aureliavive orders or rings that have been resized or adjusted by Aureliavive or any third-party.

Returns for Non-U.S. Customers.

In addition to the above limitations, customers residing outside of the United States may receive a refund for a returned product only in the amount for the actual item purchased (after any discounts were applied). Except in certain instances at Aureliavive’s sole and absolute discretion and your provision of complete and accurate proof of payment, Aureliavive will not honor refund requests, compensation claims, for additional clearance costs, or similar requests arising from international clearance processes. Any taxes included your purchase, which Aureliavive collected and remitted to the designation’s governmental/municipal authorities, must be reclaimed directly by the customer from those authorities.

EXCHANGES.

Most Aureliavive products purchased on the Website may be exchanged within thirty (30) days from the Aureliavive shipping confirmation date of your order and in accordance with our instructions. Items returned for exchange 1) must be intact and in perfect conditions, 2) if the jewelry contains a center diamond with a corresponding diamond certificate, the original certificate must be included, 3) the corresponding Aureliavive Jewelry Appraisal must be sent back as well. Upon our receipt of your proper exchange, which Aureliavive may determine in its sole and reasonable discretion, we will begin production of your new item. A refund or invoice will be issued according to the difference in price between your original and the exchange items. Any monetary refund will only be processed while the exchanged item is in our possession and cannot be issued once it is out for shipping or if your order is on its way back to our office. Exchanges past thirty (30) days from the shipping confirmation date are subject to be approved at the discretion of Aureliavive.

Please note: only one (1) exchange is permitted on a purchase. All exchanges are final. If you’ve placed a new order that has not yet been shipped, you may only change to a different item up until the order is ready to ship, which is when you receive an email confirming the shipment of your order. We cannot honor exchanges for any custom items, including engraved items.

RE-SIZING.

Any rings bought directly from Aureliavive are eligible for the first re-size free of charge (including related shipping and insurance costs) within twelve (12) months after the Aureliavive shipping confirmation date of your order. You will be responsible for the costs associated with any subsequent re-sizing requests.

Any re-sizing must happen directly via Aureliavive or an approved service center, and only after consulting with a Aureliavive specialist. It is up to Aureliavive to determine, in our sole and reasonable discretion, the degree to which a ring can be re-sized, and whether the alteration can happen under the lifetime warranty or otherwise.

Subsequent re-sizings, as well as difficult alterations, are chargeable. The specific costs are determined by our specialists on a case-by-case basis and relayed to the customer before any work is done.

Re-sizing a ring via a third party without consulting with Aureliavive will automatically void the warranty. Aureliavive cannot be held for any costs or damages incurred as a result of third party alterations.

Rings that have been resized by Aureliavive or any third party are not eligible for any refund.

USER CONTRIBUTIONS.

The Website may contain reviews, testimonials, discussion forums, and other types of user generated content where you or other users may create, post, or store any content, messages, or other material on the Website (e.g. images, audio, video, logos, emails, texts etc.) (collectively, “User Contributions”). You understand and acknowledge that you are responsible and assume any risk for any User Contributions, including the legality, reliability, accuracy, and appropriateness of such content. Aureliavive neither endorses nor is responsible for any User Contributions and will not be liable for any loss or damage caused by your reliance on such User Contributions.

By contributing User Contributions on the Website, you grant Aureliavive, its service providers, licensees, successors and assigns, a non-exclusive, sub-licensable, fully paid, royalty free, perpetual, irrevocable, transferable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties your User Contributions for any purpose. We reserve the right (but have no obligation), in our sole discretion, to: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission; and (iv) take appropriate legal action against any illegal or unauthorized User Contributions.

You agree that any User Contributions by you will not contain material that:

is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory or otherwise objectionable;

is false, misleading or inaccurate;

promotes sexually explicit content;

violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

poses a reasonable threat to personal or public safety;

infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

contains any unsolicited or unauthorized advertising or promotional materials (e.g. spam, junk mail, or any other form of solicitation that is in violation of the CAN-SPAM Act, GDPR, or any other law; or

contains any virus or other harmful component.

YOU SHALL BE SOLELY LIABLE FOR ANY HARM RESULTING FROM ANY OF THE ABOVE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Aureliavive FROM ANY CLAIMS, ACTIONS, LOSSES, HARM, DAMAGE, INJURY, COST, OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR USER CONTRIBUTIONS.

SOCIAL MEDIA FEATURES.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites;

Send emails or other communications with certain content, or links to certain content on this Website; or

Cause limited portions of this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You agree not to:

Establish a link from any website that is not owned by you;

Cause the Website or portions thereof, to be displayed, or appear to be displayed on any other website; or

Otherwise take any action with respect to the content on this Website that is in violation of these Terms.

You may use these features solely as they are provided by us and you must not take any action that is inconsistent with these Terms. We may disable all or any social media features and any links at any time without notice in our sole discretion. If you decide to use or access any of the third-party websites linked to this Website you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

TEXT MESSAGING TERMS & CONDITIONS.

Aureliavive employs an automated marketing text messaging platform to keep you informed about any promotions, offers, sales, products, services, and other similar marketing information that may be of interest to you. You acknowledge that your consent to “opt-in” for these messages is not a condition of any order.

By opting-in for our text marketing and notifications (when you enter your phone number: (i) in the checkout to initiate an order, (ii) in forms for promotions or other offers, or (iii) when creating an account), you agree that your opt-in shall serve as the legal equivalent of your signed and express written consent, and accept these terms and conditions (including the mandatory arbitration clause set forth below).

You may withdraw your consent at anytime.

Messages may be sent via an automatic telephone dialing system or other technology and message frequency is recurring. Message and data rates may apply.

You certify that: (a) any phone number(s) you provide is true, accurate, and you are the current owner, (b) you are a resident of the state associated with your area code, and (c) your opt-in for text messaging is a result of your genuine desire to receive discounts, promotions, and other news or information from Aureliavive and not a desire or intent to initiate litigation or bring legal claims against any party. You agree to immediately notify us of any change in ownership of such phone number(s). If we discover that this information is false or inaccurate, we may suspend or terminate your account at any time.

While Aureliavive takes reasonable steps to limit the delivery of text messages to the hours between 8 AM and 8 PM, you understand and agree that we do not have the ability to target messages based on your precise geographic location due to certain legal precautions. Further, technical issues, such as network congestion or your phone being disconnected from your wireless service can result in messages being delivered at unexpected times. Therefore, you agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. Your consent supersedes any state or federal regulation that may otherwise restrict the delivery times of such messages and you waive any such claims.

We reserve the right to revise our messaging program at any time. Any changes will be effective immediately upon posting to this Website. Your continued enrollment following such changes shall constitute your acceptance of such changes.

Message and Data Rates May Apply.

There is no fee to receive Aureliavive text notifications, however, you may incur a charge for these text messages from your telephone carrier which is your sole responsibility.

We reserve the right to alter the frequency of messages sent at any time and reserve the right to change the short code or phone number from which messages are sent.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Aureliavive, its service providers, and mobile carriers supported by this program are not liable for delayed or undelivered messages.

User Opt-Out.

Reply STOP, END, CANCEL, REVOKE, OPT-OUT, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You may receive an additional mobile message confirming your decision to opt-out You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting-out and that our service provider platform may not recognize or respond to any other keyword commands. As such, you agree that other methods of opting out, including without limitation, texting words other than those set forth above, or verbally requesting an employee to remove you from a list, may not be recognized as a reasonable method of opting-out. Our Do Not Call Policy is set forth below as Appendix A.

AI-Generated Message Content.

Our text messages may utilize generative artificial intelligence provided by third-parties to develop or suggest content. Some of these messages may be tailored to your interests based on available information. You agree that the use of these AI services will not extend any responsibility to Aureliavive or our service providers.

RESTRICTIONS ON USE.

You agree not to access or use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:

transmit any information or message that contains unlawful, infringing, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language;

falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

impersonate any person or entity without proper authorization from that person or entity;

falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;

reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Website, or any portion thereof without the prior written consent of Aureliavive, except that content on the Website may be viewed, reproduced, and downloaded solely for your own authorized use as a paying customer and is not in use or shared in any way that is commercially prejudicial to or competitive with Aureliavive.

use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, or attempt to probe, scan, test the vulnerability of, or breach the security of any Aureliavive system or network;

interfere with or attempt to interfere with any software making up a part of the Website, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;

introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technically harmful;

use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Website, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Website or any other unauthorized automated means to compile information without Aureliavive’s permission, with the exception of generally available third-party web browsers;

obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website;

use the Website in any manner that could damage or overburden any Aureliavive server, or any network connected to any Aureliavive server, as all servers have limited capacity and are used by many people;

upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to Aureliavive or our users’ computers and/or systems;

engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;

advertise, offer to sell or buy any goods or services for any business purpose, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or

violate any applicable laws or regulations.

Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.

DISCLAIMER.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Aureliavive NOR ANY PERSON ASSOCIATED WITH Aureliavive MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. Aureliavive DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE UNINTERUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, Aureliavive HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, SECURITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

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

LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Aureliavive, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, ANY ALLEGED FAILURE OR PERFORMANCE ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED TRANSMISSION OF COMPUTER VIRUS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL Aureliavive’S LIABIILTY EXCEED THE AMOUNT(S) PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Aureliavive, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION.

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

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION.

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

CLASS ACTION WAIVER.

You expressly waive any ability to maintain any class action in any forum. Any arbitration, claim, or other proceedings between you and Aureliavive shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis.

WAIVER AND SEVERABILITY.

No waiver by Aureliavive of any term or condition set out in these Terms shall 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 Aureliavive to assert a right or provision under these Terms shall 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 shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT.

These Terms, our Privacy Policy, and any operating rules for the Website or Aureliavive services established by us constitute the entire agreement between you and Aureliavive with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

APPENDIX A

Do Not Call Policy

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold calls, prerecorded sales calls, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry as well as internal Do Not Call lists. Various states have also adopted their own telemarketing laws.

Aureliavive routinely reviews and implements measures in furtherance of complying with federal and state Do Not Call laws. This policy relates specifically to our compliance with those requirements for the purposes of sending text messages that constitute telemarketing. It is our policy to not send telemarketing text messages to:

Any telephone number for which we have not received prior express written consent, as defined by the Federal Communications Commission; and

Any telephone number on our internal Do Not Call List.

We will maintain an internal Do Not Call list and will promptly honor a request made in a reasonable manner to place your telephone number our Do Not Call list within a reasonable time of such request, not to exceed 10 business days from the date of said request. To be placed on our Do Not Call list, you may:

Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any text message from us. See User Opt-Out terms above for more detail.

Submit your request to service@aureliavive.com with your name and number.

Your telephone number shall be retained indefinitely on our Do Not Call list unless you subsequently provide new prior express written consent to opt-in for our marketing text-messages. If you change your number, you must request for the new number to be put on our Do Not Call list.