Terms of Service | Aurora Cooperative

Terms of Use
Aurora Cooperative Digital Products Terms of Service
Last Modified: August 14, 2024

This page describes the terms and conditions that govern your use of certain digital products sponsored by Aurora Cooperative Elevator Company (“Aurora Cooperative” or “we,” “us,” or “our”), including the Aurora Cooperative website at auroracoop.com (the “Website”) and the Aurora Cooperative mobile application (the “Mobile App”). We refer to the Website and Mobile App together as the “Digital Products,” and the goods and services you can access through either the ”Services.” Please review these this page carefully before you start using the Website or Mobile App. Please also review the Aurora Cooperative Digital Products Privacy Policy, which contains important information you should review before submitting any personally identifiable information via our Digital Products.

1. Acceptance of Agreement.
This Terms of Use Agreement (“Agreement”) is entered into by you and Aurora Cooperative and governs your access to and use of the Digital Products, including the Website, the Mobile App and any of the features or downloads of these Digital Products (collectively, the “Services”). Please read the Agreement carefully before you start to use the Digital Products. By accessing and using our Digital Products and Services you agree to abide and be bound by this Agreement and the Aurora Cooperative Digital Products Privacy Policy, as well as all applicable laws and regulations. If you do not agree with any of the terms set forth in this Agreement or the Aurora Cooperative Digital Products Privacy Policy, do not use our Digital Products or the Services.

2. Ownership.
The Digital Products, their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, as well as the design, selection, and arrangement thereof), and all other protectable material associated with the Digital Products are the property of Aurora Cooperative, its licensors, agents, or others, and are protected by applicable U.S. copyright, patent and trademark laws and international conventions. The trademarks, service marks and logos displayed on this platform are the registered or unregistered trademarks of Aurora Cooperative or others. The copying, redistribution, use, or publication by you of any part of this platform or material contained on this platform is prohibited except as allowed in Sections 3 and 4 below. The posting of material on this platform does not constitute a waiver of any right to or in such material.

3. Limited Right to Use and Restrictions.
The Digital Products and Services are made available for your individual, non-commercial use only, and no element of the Digital Products or the Services, nor any data obtained via the Website, Mobile App, or the Services (the “Materials”), may be resold or redistributed by you. You have a limited, nonexclusive license to use the Materials solely for your own individual use. This is not a transfer of title. Under this license you may not:
modify, copy, republish, distribute, assign, sublicense, or sell the Materials;
download or print any Materials from these platforms other than for your own individual use;
use the Materials for public display (commercial or noncommercial);
remove or alter any copyright, trademark, or other proprietary notations from the Materials;
transfer the Materials to another person or “mirror” the Materials on any other server;
introduce any malware to the platforms, including viruses, bots, spyware, or any other computer code detrimental to the Digital Products or the Services, or to their users;
send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set forth in Section 5 below;
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Digital Products or the Services, or which, as determined in our sole discretion, may harm Aurora Cooperative or the users of the Digital Products or expose them to liability; or
use the Digital Products in any way that violates any applicable federal, state, local, or international law or regulation.

Any use of the Digital Products or Services not expressly permitted by this Agreement is a
breach of this Agreement and may violate copyright, trademark, and other laws. If you breach
this Agreement, your right to use our Digital Products and the Services will cease immediately.

4. User Contributions.
The Digital Products may contain message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively referred to herein as “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials on or through the Digital Products (collectively referred to herein as “User Contributions”). All User Contributions must comply with this Agreement as well as the content standards set forth in Section 5 below.

Any User Contribution you post to our Digital Products will be considered non-confidential and
non-proprietary. By providing any User Contribution on the Digital Products, you grant Aurora
Cooperative its licensors, service providers, agents, or others the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

By posting User Contributions you represent and warrant that you own or control all rights in
and to your User Contributions and have a right to grant the license granted above to Aurora
Cooperative its licensors, service providers, agents, or others and that all of your User
Contributions do and will comply with this Agreement.

You understand and acknowledge that you are responsible for any User Contributions you submitor contribute, and you, not Aurora Cooperative, have full responsibility for such content,
including its legality, reliability, accuracy, and appropriateness. Aurora Cooperative is not
responsible, or liable to any third party, for the content or accuracy of any User Contributions
posted by you or any other user of the Digital Products.
Moderation of User Contributions. Aurora Cooperative, in its sole discretion, has the right to:
Remove or refuse to post any User Contributions for any reason;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Products;
Terminate or suspend your access to all or part of the Digital Products or the Services for any reason; and
Cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Products.

5. Content Standards. The following content standards apply to any and all User Contributions
and use of Interactive Services. User Contributions must in their entirety comply with all
applicable federal, state, local, and international laws and regulations. Without limitation, User
Contributions must not:

Contain defamatory, obscene, indecent, abusive, offensive, harassing, violate, hateful, inflammatory or otherwise objectionable materials;
Promote sexually explicit, violent, or discriminatory material;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; or
Violate the legal rights of others or contain 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 this Agreement and the Aurora Cooperative Digital Products Privacy Policy.

6. Logins and Passwords.
In the event you are assigned or create a login and/or password to access Services provided via the Digital Products, you are responsible for all use of such login and password, and must protect your login and password from unauthorized use. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Digital Products or Services by using your login or password. If you believe your login or password have been compromised, contact Aurora Cooperative immediately, at 800-642-6795 or auroracoop@auroracoop.com. We have the right to disable any login or password, at any time, if, in our sole discretion, you have violated any provision of this Agreement.

7. License Termination.
Your license to use the Digital Products and Services shall automatically terminate if you violate any of the restrictions in this Agreement. We may also terminate your license to use the Digital Products and Services at any time, for any reason. Upon termination of this license for any reason, you must destroy any downloaded Materials in your possession whether in electronic or printed format, and shall not make any further use of such Materials.

8. Disclaimer of Warranties.
Aurora Cooperative does not guarantee the information on the Digital Products. Neither Aurora Cooperative nor any of its respective employees, agents, or owners warrant that the Digital Products or the Services, or information obtained through the Digital Products, including User Contribution, will be continuously available or error free, nor do they make any warranty as to the result that may be obtained from the use of the Digital Products or the Services, or User Contribution, or as to the accuracy, reliability, or content of any information or service therein. Some information on or linked to the Digital Products is supplied by parties other than Aurora Cooperative, and we disclaim any liability for errors arising from such third-party information, including without limitation User Contributions. You expressly agree that use of the Digital Products, including the Aurora Cooperative Website and Mobile App, the Services, and User Contribution, is at your sole risk. THE SERVICES, INFORMATION AND MATERIALS PROVIDED TO YOU FROM OR THROUGH THE DIGITAL PRODUCTS ARE PROVIDED “AS IS.” AURORA COOPERATIVE, ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS WITH RESPECT TO THIS PLATFORM. FURTHER, AURORA COOPERATIVE, ITS AFFILIATES, AGENTS AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, LIKELY RESULTS OR RELIABILITY OF ANY OF THE MATERIAL ON THE DIGITAL PRODUCTS (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED ON, OR MADE AVAILABLE THROUGH THE DIGITAL PRODUCTS, OR ANY PLATFORM LINKED TO THE DIGITAL PRODUCTS, INCLUDING USER CONTRIBUTION), NOR DO THEY GUARANTEE THAT THE DIGITAL PRODUCTS (OR ANY PLATFORM LINKED TO A DIGITAL PRODUCT) OR USER CONTRIBUTION WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE DIGITAL PRODUCTS (OR ANY PLATFORM LINKED TO A DIGITAL PRODUCT) OR USER CONTRIBUTION WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL AURORA COOPERATIVE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE SERVICES OR THE USE OR INABILITY TO USE THE DIGITAL PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AURORA COOPERATIVE AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE USE OR INABILITY TO USE THE DIGITAL PRODUCTS OR THE SERVICES, OR USER CONTRIBUTION, SHALL NOT EXCEED THE AMOUNT OF TEN DOLLARS ($10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. This disclaimer of liability applies to any damages or injury caused by any reason, including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, destruction, or unauthorized access.

10. Indemnification.
You agree to defend, indemnify, and hold harmless Aurora Cooperative its directors, officers, employees, licensors, and agents from and against all liability, loss, claims, damages, judgments, costs, expenses or fees, including reasonable attorney fees, related to your violation of this Agreement or use of the Digital Products, including the Website and Mobile App, the Services, or User Contributions.

11. Privacy Policy.
You agree to abide by the Aurora Cooperative Digital Products Privacy Policy, which may be revised from time to time, which is made a part of this Agreement and is incorporated herein by this reference. By using the Digital Products or the Services, you consent to all actions taken by us with respect to your information in compliance with the Aurora Cooperative Digital Products Privacy Policy.

12. Governing Law.
This Agreement and its performance shall be governed by the laws of the state of Nebraska, without regard to its conflict of law provisions. You consent and agree to submit to the exclusive jurisdiction of the state and federal courts located in the state of Nebraska, concerning all claims, questions and controversies arising out of your use of the Digital Products and the Services and this Agreement and the Aurora Cooperative Digital Products Privacy Policy. Any claim brought against Aurora Cooperative relating in any manner to your use or inability to use the Digital Products and the Services must be brought within one year of the date the claim accrued. The prevailing party in any action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys’ fees incurred.

13. Nontransferable.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Any login or password assigned to you to obtain information on the Digital Products or to use the Services is not transferable.

14. Changes to Digital Products.
Aurora Cooperative may make changes to the Materials contained on the Digital Products at any time without notice. Aurora Cooperative does not, however, make any commitment to update the Materials.

15. User Contribution, Interactive Services, and Links
Aurora Cooperative is not responsible for the content of any website, platform, or application linked to the Digital Products or to which the Digital Products link, including without limitation any User Contribution or Interactive Services. The inclusion of any User Contribution, Interactive Service, or link on the Digital Products does not imply endorsement by Aurora Cooperative. If the Digital Products contain links to other sites and resources provided by third parties, including without limitation any User Contribution or Interactive Services, these links are provided for your convenience only. Nor are User Contributions, Interactive Services or links intended to state or imply that Aurora Cooperative sponsors, is affiliated with, or is legally authorized to use any trade name, trademark, or copyrighted symbol that may be reflected in such links. Use of any such User Contribution, Interactive Service, linked website, platform, or application is at your own risk and subject to the terms and conditions of use for such websites.

16. Severability.
This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Headings.
The headings of this Agreement are included for convenience only and shall not
be construed to affect the substantive provisions herein.

18. Modification to Digital Products Terms of Use Agreement.
Aurora Cooperative may revise this Agreement and its Aurora Cooperative Digital Products Privacy Policy at any time without notice. Such changes, modifications, additions, or deletions shall be effective immediately, and shall apply to you upon your next use of this Website and the Services after such update. By using any portion of the Digital Products or the Services, you are agreeing to be bound by the then-current version of this Agreement. Please review this Agreement periodically, since it may change from time to time. You are responsible to check this page so that you are aware of any changes, as they are binding on you.

19. Termination.
Aurora Cooperative may, at its sole discretion, terminate this Agreement and the Digital Products and/or the Services at any time. Such termination may be for cause or without cause.

20. Contact Information.

To ask questions or comment about this Agreement, contact us at: 800-642-6795 or auroracoop@auroracoop.com

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