Effective as of April 16, 2021
Welcome to our application and thank you for using our services. This application is maintained as a service to our customers. By using this application, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this application. Moreover, by accessing or otherwise using any portion of the application, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the application.THE PURCHASE OF BSM IS STRICTLY VOLUNTARY.
1. Agreement; Term, Termination & Survival. This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of the EVision application (hereinafter the “APP”) and describe the terms and conditions applicable to your access of and use of the APP. This Agreement may be modified at any time by Auris, a California Limited Liability Company (hereinafter APP Operator) upon posting of the modified agreement and/or publishing of an update to the APP. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.Subject to the terms of this section, this Agreement will remain in effect for as long as you use the APP. You may cancel your account and terminate this Agreement at any time and for any reason by following the instructions outlined on APP Operator's website. We may terminate this Agreement and your access to the APP at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the APP, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to APP Operator. In such an event, you will receive physical copies of any Purchased Data from APP Operator subject to your buyback rights contained in our Business Support Materials Compensation Agreement. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
3. Ownership; Data Transfers. All native content (data, design, text, images, graphics, including all arrangements thereof) included on this APP is and shall continue to be the property of APP Operator or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such native content or any part of the APP is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this APP. Notwithstanding the foregoing, you will own any purchased electronic media/tickets which you purchase through the APP Operator's website (i.e., Auris.com) and obtain a license for use of same for purposes of resale and/or personal consumption/use (hereinafter "Purchased Data"). For purposes of this Agreement, such Purchased Data shall not be deemed "native content on this APP" as set forth above.By purchasing Purchased Data from the APP Operator through the App Operator's website, you acknowledge and agree that such data transfers could be subject to latency and/or other factors effecting the immediate electronic transmission of the Purchased Data. Such latency in Purchased Data transfers can happen by third parties beyond the control of APP Operator and by using this APP you acknowledge same. APP Operator will take all reasonable steps to ensure that its servers and computer systems are operating correctly so as to facilitate the transfer of Purchased Data to you, but does not guarantee instant and/or immediate transfer of same. If required by APP Operator, and in APP Operators sole and exclusive discretion, you may receive physical items as replacements for Purchased Data if APP Operator deems electronic data transfer of your Purchased Data to be impossible or impracticable.
4. Intended Audience. This APP is intended for adults only. This APP is not intended for any children under the age of 18. You hereby affirmatively represent that you are at least 18 years of age.
5. Trademarks. Auris, AU APP and others are either trademarks or registered trademarks of APP Operator. Other product and company names mentioned on this APP may be trademarks of their respective owners.
6. APP Use. APP Operator grants you a limited, revocable, nonexclusive license to use this APP solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use not otherwise set forth in this Agreement. You agree not to copy materials on the APP, reverse engineer or break into the APP, or use materials, products or services in violation of any law. The use of this APP is at the discretion of APP Operator and APP Operator may terminate your use of this APP at any time. While using the APP, you agree that you will comply with all posted policies and/or out agreements, including our Business Support Materials Compensation Agreement, as we may update from time to time. We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies or our Business Support Materials Compensation Agreement.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the APP. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold APP Operator and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the APP.
9. Disclaimer. THE INFORMATION ON THIS APP IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK. APP OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL APP OPERATOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL OF YOUR APP USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Copyrights and Copyright Agent; Intellectual Property. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;(b) A description of the copyrighted work that you claim has been infringed;(c) A description of where the material that you claim is infringing is located on the APP;(d) Your address, telephone number, and e-mail address;(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Our Copyright Agent for Notice of claims of copyright infringement on the APP is , who can be reached as follows:By Mail: Attn: HZ Copyright Agent, 4646 Wild Oak Way, Las Vegas, NV 89031By Phone: (559) 305-0938By e-mail: email@example.comAs between you and APP Operator, you acknowledge that APP Operator retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the APP, the software and application programming interfaces (APIs) comprising the APP, and all content therein. APP Operator, its logo, as well as certain other APP Operator trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of APP Operator. The APP may also contain third-party trademarks, service marks, graphics, and logos. The APP are owned and/or licensed by APP Operator and are protected by the laws of the United States and other countries in which the APP are made available. You agree to prevent any unauthorized copying, use, or distribution of the APP. Except as expressly provided herein, APP Operator does not grant any express or implied right to you under any APP Operatorowned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
13. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and APP Operator or its affiliates.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Termination. APP Operator may terminate this Agreement at any time, with or without notice, for any reason.
16. Contact Information.HOW TO CONTACT US:By Mail: Attn: Auris Admin, 4646 Wild Oak Way, Las Vegas, NV 89031By Phone: (559) 305-0938By e-mail: firstname.lastname@example.org
17. Changes in Terms. We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the APP or the APP Operator's website. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the APP after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the APP.
18. Purchase of "Purchased Data." APP Operator retains the sole right to determine whether or not you may purchase Purchased Data. If your Business Support Materials Agreement is no longer in force and effect, you will no longer be able to purchase Purchased Data.
19. Your License to Use the APP. Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), APP Operator hereby grants to you a limited, revocable, nonexclusive, non-transferable, non-sublicensable license to access the APP in an Authorized Jurisdiction, and otherwise view and use the APP to the extent permitted by its intended functionality, for your own individual personal, and commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the APP through the certified applications or intended methods that APP Operator or our licensed partners make available to you. Any access or use of our APP through an application, service, or method provided by a party other than APP Operator or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by APP Operator in writing, is strictly prohibited and a violation of this Agreement. APP Operator may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason. Nothing in this provision may be construed so as to abrogate your right to transfer Purchased Data to third parties provided that you have an in force and effective Business Support Materials Compensation Agreement with APP Operator. Resale or transfer of any Purchased Data must comport and comply with all terms contained in said Business Support Materials Compensation Agreement including, but not limited to, the Authorized Jurisdictions set forth in said Business Support Materials Compensation Agreement.Restrictions. Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the APP, including any translations or localizations thereof; (b) access or use the APP through an application or means not authorized by APP Operator; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the APP; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the APP to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the APP; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the APP; (g) publish or provide any results of any APP, in whole or in part, aggregated or otherwise, to a third party without APP Operator's prior written consent; (h) provide your username and password used to access the APP to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the APP; (j) circumvent any technological measures employed by or on behalf of APP Operator to protect the APP; (k) use any other technologies or initiate any other activities that may harm the APP, or the interests or property of APP Operator or other users of the APP; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.ANY USE OF THE APP NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
20. Use of Purchased Data by App Users. Use of Purchased Data is for your own personal consumption and/or for transfer (by sale/gift) to any other APP user and/or APP guest. You may only transfer Purchaed Data to other users and/or guests who have downloaded and/or installed an authorized version of the APP. Such Purchased Data may not be downloaded onto any other device and may not be distributed, disseminated, transferred or sold to any other party not otherwise allowed pursuant to a valid Business Support Compensation Agreement between you and the APP Operator.
21. Communication Preferences and Consent. From time to time we may send you communications to the email address associated with your account. These communications may include, but are not limited to, tips and BSM recommendations, special offers, and other account-related or transactional messages. Also, when you purchase a BSM, you may receive communications from or related to BSM authors associated with that BSM by or on behalf of APP Operator.Additionally, our APP may, in some circumstances, offer the ability for you to receive push notifications in connection with same. If you would like to modify your ability to receive push notifications from our APP, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the APP, you expressly consent to the receipt of all such communications from or on behalf of APP Operator. You may modify your communication preferences at any time within the settings section of our website or APP. You may not opt-out of receiving account-related or transactional communications.
23. Product Support; Feature Availability; Fraud & Abuse. APP Operator is not obligated to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in the APP will be corrected. APP Operator may alter the availability of any feature of the APP, or impose new limitations on your use of the APP, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the APP. In order to provide the best quality APP to all of our users, we monitor the APP to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the APP should we determine it is associated with fraudulent or abusive activities as it relates to the APP and/or your Business Support Materials Compensation Agreement. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities. When using the APP, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.
24. Assignment. APP Operator may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
25. Dispute Resolution.A. Company Conciliation Process. All disputes, claims, or controversies arising out of or related to this Agreement, the Company RULES, or the breach, termination, enforcement, interpretation, or validity thereof, or BSM, including, but not limited to, any claims or disputes against the Company, an IBO, any purchaser of BSM or any signatories to this Agreement, regardless if they arise before or after the termination of this Agreement, shall be resolved in accordance with the Conciliation and Arbitration process set forth in Rule 7 of the Company RULES.B. Mandatory Dispute Resolution Process.i. All disputes, claims, or controversies arising out of or related to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or BSM, including, but not limited to, any claims or disputes against the Company, an IBO, any purchaser of BSM or any signatories to this Agreement, regardless if they arise before or after the termination of this Agreement, shall be resolved in accordance with the Conciliation and Arbitration process set forth in Rules 11.2 and 11.3 of the Amway Rules of Conduct. Rule 11 is incorporated herein, in pertinent part, by reference. A copy of Rule 11 is available at http://www.amway.com/support/ordering-product-support/rules-of-conduct .ii. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this Agreement and any of its provisions, including (but not limited to) jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which arbitration is sought, and who are proper parties to the arbitration, to the fullest extent allowed by applicable law. The arbitrator has the authority to determine jurisdiction and arbitrability issues as a preliminary matter.iii. This arbitration agreement is reciprocal and binds all parties to this Agreement.iv. The parties, when involved in the dispute resolution process as parties, witnesses or otherwise, will not disclose to any other person not directly involved in the dispute resolution process:(a). The substance of, or basis for, the claim or dispute;(b). The content of any testimony or other information obtained through the dispute resolution process; or(c). The resolution (whether voluntary or not) or the terms of resolution of any matter that is the subject to the dispute resolution process.However, nothing in this Agreement shall preclude a party from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery."NOTICE: BY USING THIS APP YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY USING THIS APP YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY"
26. Entire Agreement. This Agreement constitutes the complete and exclusive agreement between you and APP Operator with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
27. ADDITIONAL DATA, TEXT and DATA Charges May Apply. By using the APP, you acknowledge that the APP will use data and/or storage space on your device and that Purchased Data may require you to use additional data on your device which could result: 1) in you needing additional data and/or storage space on your device; and 2) in you either incurring additional charges and fees from your provider to obtain such additional data and/or storage space for your device or rendering your device obsolete. By using the APP, you agree to pay such additional charges/fees and/or that your device may become obsolete.By using the APP, you also acknowledge and agree that you will receive text messages generated by using the APP, which could result in you incurring additional charges and fees from your provider. By using the APP, you agree to pay such additional text charges/fees.
28. Limitation of Liability Concerning Viruses, Malware, Trojan Cyber Attacks, Spyware. Though the APP Operator will take reasonable steps to safeguard the cyber-security of the APP, APP Operator makes not warranties whatsoever regarding the safety of the APP as unto malicious viruses, malware, Trojan cyber attacks, spyware, ransomware, and any and all other forms of malicious cyber attacking and/or hacking whatsoever. Your use of the APP constitutes assumption of risk for data and security breaches and you are advised to ensure that you have taken all reasonable steps to security the cyber security of your device. By using the APP, you acknowledge and agree that APP Operator will have no liability for any loss you incur through cyber attacks and/or cyber hacks of your device.
29. Location Tracking. When you are using the APP and the APP is the primary application open on your device, then we will know your location every 10 minutes through use of GPS tracking and/or location services. We will not know your location when your device is powered off and/or the APP is not the primary application running on your device. By using the APP, you acknowledge and agree that APP Operator will know your GPS coordinates every 10 minutes while your device is on and the APP is the primary application running on your device.
30. Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
2. What Information is Collected.(a) Information You Provide to Us: We collect any information you enter on our website or APP, or that you give us in any other way. You can choose not to provide certain information, but you may not be able to take advantage of our services and features. Information we collect from you may include, but is not limited to, your legal name, phone number(s) including mobile devices, and email addresses.(b) Automatic Information: When you visit a website or our APP, you disclose certain information, such as your Internet Protocol (IP) address and the time of your visit. Our website and our APP, like many other sites and/or APPs, records this basic information about visits to our site and/or our APP.(c) “Cookies”: Cookies are pieces of information that are transferred to your computer from a web server. Most browsers are set up to accept cookies, but you can change your settings to have your browser notify you when you receive a new cookie or to refuse to accept cookies.(d) Location Services. When you are using the APP and the APP is the primary application open on your device, then we will know your location every 10 minutes through use of GPS tracking. We will not know your location when your device is powered off and/or the APP is not the primary application running on your device.
3. How and When the Information is Used. The information we collect is used for administering our business activities. Occasionally we may use the information to notify you about changes to our website, our APP, new services, or special offers.
4. How We Protect Your Information. The privacy and protection of your information is important to us. We do not make any personal information available to third parties without your permission. Your access to some services and content is password protected. We advise that you do not disclose your password to anyone. In addition, we recommend you sign out of password-protected services at the end of your session.
5. Who Has Access to the Information. Information about our users is important to us. We will not disclose any individually identifiable information to any third party without first receiving that user’s permission.
6. Methods We Use to Protect Your Information. We use security software to protect the confidentiality of your personal information. In addition, our business practices are reviewed periodically for compliance with policies and procedures governing the security and confidentiality of our information. Our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons.
7. Children. This website does not provide services or sell products to children under the age of 18. [If you are under 18, you may use this APP only with the involvement of a parent or guardian.]
8. How You Can Access Your Information. You can request access to all your personally identifiable information by sending an e-mail to email@example.com
12. “Do Not Track” Policy. Our service uses the following tracking methods: GPS and/or location services. We respond to “do not track” setting by disabling your use of the APP.
13. Third Party Tracking. Third parties do not collect personally identifiable information about an individual consumer’s online activities on our website.
14. Audio Recording. When you are using the APP, it requires "Audio Recording" permission in order to use the "Spoken Voice Audio Player".
15. Phone State. When you are using the APP, it requires "Read Phone State" permission in order to use the Player while in background mode.