Terms of service

Last updated: April 2025

Acceptance of These Terms

Welcome to Aurascend. By accessing our website (including aurascend.com) or purchasing our products through any platform (including our Shopify store, TikTok Shop, Walmart, and Amazon), you agree to be bound by these Terms of Service (“Terms”) as well as our Refund Policy and Privacy Policy (collectively, the “Agreement”). If you do not agree with these Terms, you must not use our site or services. We reserve the right to update or modify these Terms at any time. Any changes are effective upon posting to our website, and your continued use of our site or services after changes are posted constitutes your acceptance of the updated Terms.

 

Eligibility and Scope of Use

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use our site or purchase Aurascend products. By using the site, you represent and warrant that you are 18 or older and capable of entering into a binding contract. The site and products are intended for customers within the United States only. We currently do not support international shipping or sales outside the U.S. If you access the site from outside the U.S., you do so on your own initiative and are responsible for compliance with any local laws. We may refuse to offer the services or sell products to any person or entity at our discretion, and we may suspend or terminate usage where we believe these Terms have been violated or where use is prohibited by law.

 

Health and Medical Disclaimer

No Medical Advice: All information provided by Aurascend (including content on our site, product descriptions, FAQs, articles, and any communications) is for informational purposes only. This information is not intended as, and should not be construed as, medical advice or a substitute for the guidance of a licensed healthcare professional. Before using any dietary supplement, including Aurascend products, you should consult your physician or other qualified healthcare provider, especially if you have a medical condition, are taking medications, are pregnant or nursing, or have known sensitivities.

FDA Disclaimer: Statements about our dietary supplement products have not been evaluated by the U.S. Food and Drug Administration. Aurascend products are not intended to diagnose, treat, cure, or prevent any disease. Individual results from using our products may vary. We do not guarantee any specific outcome from use of our supplements. You use our products at your own risk, and you should always follow the product instructions and use them only as directed.

 

Purchases, Orders, and Accounts

When you place an order with Aurascend (whether on our website or via an authorized third-party platform), you agree to provide current, complete, and accurate purchase and account information. All purchases are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including if we suspect fraud, unauthorized or illegal transaction, restricted shipping location, or violation of these Terms. If we cancel an order after you have been charged, we will refund the amount charged for the canceled items to your original payment method.

Pricing and Product Availability: All prices are listed in U.S. Dollars. Prices and availability of products are subject to change at any time without notice. We strive to ensure accurate pricing, but errors may occur. In the event of a pricing error or other mistake, we reserve the right to correct the error and charge the correct price or cancel the order. If the corrected price is higher, we will contact you for instructions or cancel your order and notify you. Discounts, promotions, and coupon codes (see Promotions and Coupons below) are subject to terms and may be modified or discontinued at any time.

United States Only Shipping: Aurascend currently ships products only to addresses within the United States. Orders are typically processed and shipped within our stated timeframes (e.g. we generally ship U.S. orders within 1 business day). Delivery times may vary depending on the destination and carrier constraints. Title to and risk of loss of products pass to you upon our transfer of the products to the carrier. It is your responsibility to ensure the shipping address is correct and secure for delivery. We are not liable for delays or failures in delivery due to causes beyond our control (such as carrier delays, incorrect addresses, or force majeure events).

Accounts: You may be allowed to create an account on our website for managing orders and subscriptions. You are responsible for maintaining the confidentiality of your account login information and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately at our contact email below. We are not liable for any loss or damage arising from your failure to protect your account credentials.

 

Subscription and Recurring Billing

Aurascend offers an optional subscription program (autoship) for certain products, which is managed through a third-party service (Recharge). By enrolling in a subscription, you agree to the following terms:

 

Recurring Charges: You authorize Aurascend (or our third-party payment processor, including Recharge) to automatically charge your provided payment method for the initial order and recurring charges for subsequent subscription orders at the frequency interval you select (e.g. monthly). This recurring billing will continue until you cancel your subscription. You accept responsibility for all recurring payment obligations prior to cancellation.

Communication of Charges: By subscribing, you understand that subscription charges will be processed without further action by you for each cycle. We may send a reminder or upcoming charge notification before each renewal (depending on our program policies), but it is your responsibility to keep track of your subscription renewals and charges. All subscription charges are deemed fully earned when paid.

Cancellation: You may cancel your subscription at any time to stop future charges. To cancel, you can log in to your Aurascend account or subscription portal (via the Manage Autoship link on our site) and follow the instructions to cancel, or you may contact us at our support email to request cancellation. To avoid being charged for the next shipment, please cancel at least 24 hours before your next billing date (or by any earlier deadline specified in your subscription terms). Cancellation requests received after an upcoming order has processed may not take effect until the following cycle. Upon cancellation, you will not be charged for further subscription shipments, but no refunds will be issued for charges already processed prior to cancellation unless required by our Refund Policy.

Subscription Modifications: You are responsible for keeping your subscription information up to date. This includes your payment method, billing and shipping address, and any other relevant details. If your payment method is declined or becomes invalid, we may suspend your subscription until you update your payment information. If you need to change the product, frequency, or other terms of your subscription, you may do so through your account settings or by contacting us. We reserve the right to alter subscription pricing or terms, but we will notify you of any material changes and give you an opportunity to cancel before such changes take effect.

Promotional Subscription Offers: If you sign up for a subscription as part of a promotional offer (for example, a first month at a discounted rate or free trial period), once the promotional period ends, your subscription will continue at the regular price and interval unless you cancel. It is your responsibility to cancel before the end of any trial or promotion if you do not wish to continue with a paid subscription.

 

By enrolling in a subscription, you acknowledge and agree to these recurring billing terms. If you do not agree, do not sign up for the subscription service. We reserve the right to terminate or refuse subscriptions at our discretion (for example, in cases of suspected misuse or fraud).

 

Promotions and Coupon Codes

Aurascend may offer promotional deals, discounts, coupon codes, referral credits, or other special offers from time to time. All such promotions are subject to these Terms, as well as any additional terms provided with the offer. By redeeming a promotion or coupon, you agree to the following:

 

No Cash Value: Coupon codes, discounts, and promotional credits have no cash value and are not redeemable for cash or any cash equivalent. They are solely promotional in nature.

One Per Customer/Order: Unless expressly stated otherwise, promotional codes are limited to one per customer and one per order. They may not be combined with other promotions or applied to previous purchases.

Expiration and Limitations: Promotions are typically available for a limited time only. Each coupon code or offer may carry an expiration date or be limited by redemption quantity. Once a promotion has expired or the stated number of offers have been redeemed, it is no longer valid. We may also limit promotions to specific products or categories as described in the offer details.

Non-Transferability: Promotional codes are intended for use by the recipient and are non-transferable. Any unauthorized distribution, publication, sale, or trade of a coupon or promo code is prohibited. We reserve the right to void any promotion that we suspect has been resold, altered, or obtained fraudulently.

Void Where Prohibited: Promotions are void where restricted or prohibited by law. We reserve the right to cancel or modify any promotion at any time in our sole discretion, especially if we believe the promotion is being abused or is no longer operable as intended.

 

If you have questions about a particular promotion or its terms, please contact us. In the event of any inconsistency between the promotion-specific terms and these Terms of Service, the promotion-specific terms will govern for that specific offer.

 

Affiliate and Ambassador Programs

Aurascend may in the future offer an affiliate program, brand ambassador program, or similar partnership initiatives (collectively, “Affiliate Programs”). Participation in any Affiliate Program is subject to separate program terms and conditions which will be provided to participants upon enrollment. However, the following general provisions apply:

 

Independent Relationship: Affiliates and ambassadors are independent contractors and are not employees, agents, or representatives of Aurascend. Participation does not create any partnership, joint venture, franchise, or employment relationship. You have no authority to act on behalf of Aurascend or bind the company to any obligation.

Program Guidelines: If you participate as an affiliate or ambassador, you must comply with all program guidelines provided by Aurascend, as well as all applicable laws and regulations, including the U.S. Federal Trade Commission (FTC) guidelines on endorsements and testimonials. This means you must disclose any material connection to Aurascend (such as receiving commissions or free products) when promoting our brand or products.

Intellectual Property Use: We may grant participants in an Affiliate Program a limited license to use Aurascend trademarks, logos, or content for the sole purpose of promoting our products, as outlined in the program terms. Any such use must comply with our directions and quality standards. We reserve the right to revoke an affiliate’s or ambassador’s permission to use our intellectual property at any time if we feel its use is detrimental to our brand or in violation of our guidelines.

Termination: Aurascend can terminate any affiliate or ambassador account or program at any time for non-compliance with program terms or any inappropriate conduct (such as making false claims about our products, spamming, or harming our brand reputation). Upon termination, you must immediately cease holding yourself out as affiliated with Aurascend and stop using any Aurascend intellectual property.

 

Note: If you are simply a customer or user of our site, this section may not apply to you. We include it here for transparency about potential future programs. Affiliates or ambassadors will be separately informed and bound by additional agreements. Any referrals or endorsements of our products by third parties (affiliates/influencers) reflect the opinions of those third parties and not necessarily Aurascend. We are not liable for any claims or statements made by affiliates or ambassadors except as stated in official Aurascend communications.

 

User Content, Reviews, and Testimonials

We may allow users to post reviews, comments, testimonials, photographs, or other content on our site or social media pages (“User Content”). By submitting or sharing any User Content related to Aurascend (including tagging our brand on social media, posting a product review on our site, or sending us testimonials), you agree to the following terms:

 

Rights You Grant Us: You grant Aurascend a perpetual, worldwide, irrevocable, royalty-free, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content (in whole or in part), and to incorporate your content in other works in any form, media, or technology now known or later developed. This means, for example, that we may use your reviews or testimonials in our marketing materials, on our website, in advertisements, or on our social media channels without further permission from you and without compensation to you. We may also use your username, likeness, or other publicly available information associated with the content (such as your social media handle or first name and last initial) in connection with the use of your content.

Ownership and Permissions: You represent and warrant that you own or otherwise control all the rights to the User Content you provide and that posting or using your content will not violate the rights of any third party. You further promise that any testimonials or reviews reflect your genuine experiences and honest opinions, and that you have disclosed any material connections (if, for example, you are an affiliate or received a free sample). You will not upload or submit any content that is false, misleading, infringing, unlawful, defamatory, obscene, or invasive of another’s privacy.

No Obligation to Publish: While we welcome customer feedback, we are under no obligation to monitor, moderate, or publish any User Content. We reserve the right to remove or edit any User Content at our sole discretion for any reason, including content that we deem violates these Terms or is otherwise inappropriate. However, we are not responsible for any failure or delay in removing such material.

No Confidentiality: Any content or information you submit to public areas of our site (such as product reviews) is not confidential. Do not submit ideas, inventions, or suggestions to us through public channels—if you do, we are free to use them without compensation or attribution, and you waive any claims against us for such use.

 

By providing User Content, you release Aurascend from any claims arising from our use of the content as permitted by these Terms, and you agree that we have the full right to the content as provided in this section. If you do not want to grant us these rights or make these promises, please do not submit any content to our site or tag our brand in your posts.

 

Prohibited Uses of Our Site and Services

You agree to use the Aurascend website and services only for lawful purposes and in accordance with these Terms. You are strictly prohibited from engaging in any of the following activities:

 

Illegal or Unauthorized Activities: Using the site for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. This includes violating any local, state, national, or international law or regulation while using our services.

Interference with the Site: Engaging in any conduct that could disable, overburden, damage, or impair the operation or security of our site or interfere with any other party’s use of the site. You may not introduce any harmful or malicious code, viruses, worms, or other malware, or use any automated means (such as scripts, bots, or scrapers) to access or collect data from the site without our express permission.

Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of our site, any other systems or networks connected to the site, or any server, or to the services offered on or through the site, by hacking, password “mining,” or any other illegitimate means. Similarly, you may not probe, scan, or test the vulnerability of the site or any network connected to it, nor breach the security or authentication measures on the site.

Data Scraping and Mining: Using any manual or automatic device, program, algorithm, or methodology (such as a “robot,” “spider,” or “scraper”) to access, acquire, copy, or monitor any portion of the site or Content (as defined in Intellectual Property below) without prior written consent. Standard search engine indexing for the sole purpose of creating publicly available search indices is permissible and exempt from this rule.

Misrepresentation and Fraud: Impersonating any person or entity (including an Aurascend representative or another user), or falsely stating or otherwise misrepresenting your identity, age, or affiliation with any person or entity. You must not use the site to engage in any fraudulent activities, such as making fraudulent purchases or falsely claiming refunds, chargebacks, or warranty service.

Abusive or Offensive Content: Posting or transmitting any content on our site (such as in reviews or comments) that is unlawful, defamatory, libelous, threatening, harassing, profane, obscene, indecent, pornographic, or that could give rise to any civil or criminal liability under applicable law. Hate speech, discrimination, or content inciting violence is strictly prohibited.

Unauthorized Advertising or Spam: You may not use our site to transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unwelcome messages, whether commercial or otherwise. This includes posting repetitive promotional comments or links in public areas of the site.

Misuse of Our Intellectual Property: You must not copy, reproduce, distribute, modify, or create derivative works from any part of our site or Content without our prior written consent (except as expressly permitted under Intellectual Property below). Additionally, you may not use Aurascend’s name, logos, product names, or trademarks in any meta-tags or any other “hidden text” without our permission. Importantly, you are prohibited from conveying or making any unauthorized health or efficacy claims about our products or misrepresenting our products in any way (for example, claiming that a supplement cures a disease, or that Aurascend has made claims that we have not officially made).

Any Other Harmful Behavior: Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of our site, or which, as determined by Aurascend in its discretion, may harm Aurascend, our users, or expose them to liability.

 

If we determine, in our sole judgment, that you have engaged in any prohibited use, we reserve the right to take appropriate action. This may include terminating or suspending your access to the site, cancelling orders, reporting you to law enforcement authorities, and/or taking legal action against you. Respecting these rules is a condition of using our site and services.

 

Intellectual Property Rights

Aurascend’s Content: The Aurascend website, online store, and all content and materials available through our services (collectively, the “Content”) are owned by or licensed to Aurascend and are protected by intellectual property laws, including copyright, trademark, and trade secret laws. This includes (but is not limited to) all text, graphics, logos, button icons, images, audio clips, video, data compilations, software, and the design, selection and arrangement of such content on our site.

Trademarks: Aurascend™ and all related names, logos, product packaging and designs are trademarks or trade dress of Aurascend (or our affiliated company) in the U.S. and other jurisdictions. You are not granted any right or license to use any Aurascend trademarks by virtue of accessing the site or buying products. All other trademarks, logos, or service marks displayed on our site that are not owned by us are the property of their respective owners, who may or may not be affiliated with or connected to Aurascend. Our reference to any third-party marks is for identification purposes only and does not imply endorsement or sponsorship.

Limited Personal Use License: Aurascend grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of our site and Content. This license allows you to view, download (cache) pages of the site on your personal device, or print a copy of portions of the Content for your personal use only. This license does NOT allow: (a) any resale or commercial use of the site or its Content; (b) any collection or use of product listings, descriptions, or prices for the benefit of another merchant; (c) any derivative use of the site or Content; (d) any downloading, copying, or other use of account information for the benefit of a third party; or (e) any use of data mining, robots, or similar data gathering and extraction tools (except as noted under Prohibited Uses for search engines).

Restrictions: You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our site or Content for any commercial purpose without express written permission from Aurascend. You also may not modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of our website or Content, unless explicitly permitted by law. Any unauthorized use of the site or Content terminates the permission or license granted by us under these Terms, without prejudice to any other remedy provided by applicable law or these Terms.

Feedback: If you send us feedback, ideas, or suggestions regarding our products or services (for example, product improvement ideas or new feature requests), you agree that such submissions are non-confidential and non-proprietary. We are free to use and implement any feedback at our discretion without any obligation to compensate you for it, and you irrevocably assign to us all right, title, and interest in that feedback.

We reserve all rights not expressly granted to you in these Terms. Any use of the Aurascend site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. We aggressively enforce our intellectual property rights to the fullest extent of the law.

 

Disclaimer of Warranties

Use of Site and Services is “As Is”: Aurascend provides the website, its Content, and our services on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, either express or implied. While we strive to maintain accurate and up-to-date information on our site, we make no warranty that the site or any Content will be completely error-free, reliable, up-to-date, or free of harmful components (such as viruses). Your use of the site and any services or items obtained through the site is at your own risk.

To the Fullest Extent Permitted by Law, Aurascend Disclaims All Warranties (Express or Implied) regarding the site and products, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that may arise from course of dealing or usage of trade. We do not guarantee that the results that may be obtained from the use of the site or products will be effective, reliable, or will meet your expectations. Aurascend does not warrant that the site will be uninterrupted, secure, or error-free, or that any defects will be corrected.

Product Warranties: Except for any express guarantees (such as our 30-day satisfaction guarantee described in our Refund Policy) that we voluntarily provide, all Aurascend products are provided on an “as-is” basis. This means that, aside from our Refund Policy, we make no additional promises or warranties about the products’ quality, performance, or suitability for any particular purpose. Dietary supplements affect each individual differently, and we do not warrant or guarantee any specific results from using our products. Always follow the usage instructions on the label.

Not Responsible for Third-Party Content: Aurascend is not responsible for any content on third-party websites or services, even if our site links to those websites or if our products are sold on those platforms (such as TikTok Shop, Walmart, Amazon, or others). We make no warranties regarding any third-party platform’s services, and your use of any third-party sites is governed by their own terms and policies.

Some jurisdictions do not allow the exclusion of certain warranties. If any law prohibits the disclaimer of any warranties in this section, we make those disclaimers to the maximum extent permitted by law.

 

Limitation of Liability

No Indirect Damages: To the fullest extent permitted by applicable law, in no event will Aurascend or its parent company, affiliates, officers, directors, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes, without limitation, any loss of profits, loss of revenue, loss of data, business interruption, personal injury, pain and suffering, emotional distress, or similar harms, arising out of or in connection with (a) your use of or inability to use our site, services, or products, (b) any interaction with any third-party website or service (even if linked from our site), or (c) these Terms of Service. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Cap on Liability: To the fullest extent permitted by law, Aurascend’s total aggregate liability for any claims arising out of or relating to these Terms, our site, or our products shall not exceed the total amount you have paid to Aurascend in the three (3) months immediately preceding the event giving rise to the claim (or, if greater, one hundred U.S. dollars ($100)). This is the maximum amount for which we could be liable to you in any circumstance, and you agree that this is a fair and reasonable limitation based on the nature of our services and products.

Exceptions: Certain state laws (including consumer protection laws) may not allow limitations on certain damages. If laws of a jurisdiction that apply to you prohibit any of the limitations of liability above, those specific limitations may not apply to you to the extent prohibited. However, in all cases, our liability will be limited to the fullest extent permitted by applicable law.

Assumption of Risk: You understand and agree that the use of dietary supplements involves some inherent risks, and that you assume all responsibility and risk for your use of our products. Aurascend is not liable for any adverse effects or reactions that may result from the use or misuse of our supplements. It is your responsibility to use the products only as directed and consult with a healthcare professional as needed. If you experience any serious side effects or health issues, you should discontinue use and seek medical attention.

The foregoing limitations shall apply even if a remedy fails of its essential purpose. The limitations of liability set forth in this section are a fundamental basis of the bargain between you and Aurascend and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, law) to the extent allowed by law.

 

Indemnification

You agree to indemnify, defend, and hold harmless Aurascend, its parent company, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of our site, services, or products; (b) your violation of any term of this Agreement or any applicable law or regulation; (c) your violation of any rights of a third party (for example, infringement of a third party’s intellectual property or privacy rights by content you have posted); or (d) any fraud or misconduct by you.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim and not to settle any such matter without our prior written consent. This indemnification obligation will survive termination of your use of the site or our services, and the termination or expiration of this Agreement.

 

Dispute Resolution: Arbitration and Class Action Waiver

Please read this section carefully – it affects your legal rights regarding any disputes between you and Aurascend.

 

Binding Individual Arbitration

By agreeing to these Terms, you and Aurascend each agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the site, or your purchase or use of any Aurascend products or services (collectively, “Disputes”) shall be resolved through binding arbitration on an individual basis, except as set forth under “Exceptions to Arbitration” below. You and we are waiving the right to a trial by jury or to participate in a class action or class arbitration.

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time a claim is made (the “AAA Rules”). You can find the AAA Rules and filing information on AAA’s website. If AAA is not available or will not handle the matter, then the arbitration will be conducted by JAMS or another reputable arbitration provider agreed to by both parties, applying similar consumer-focused rules. The arbitration will be decided by a single neutral arbitrator. The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.

Arbitration Procedures: For a claim under $10,000, you may choose for the arbitration to be conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic hearing. For claims over $10,000, the AAA Rules will determine the right to a hearing. The arbitrator’s award shall be in writing and provide the reasons for the decision. The arbitrator can award the same damages and relief that a court could, including declaratory or injunctive relief (only on an individual basis, and subject to the limitations in these Terms). The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse your arbitration filing fees for claims of up to $5,000 unless the arbitrator finds your Dispute frivolous or brought for an improper purpose. Aurascend will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous or brought in bad faith. Each party shall bear their own attorneys’ fees, except to the extent that a party is entitled to recover attorneys’ fees under applicable law or under these Terms (for example, under the Indemnification clause above).

 

Class Action and Jury Trial Waiver

You and Aurascend agree that all Disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. This means:

 

No Class Actions or Proceedings: Neither you nor Aurascend will be a party to any class action, class arbitration, or other representative proceeding brought by anyone else. You and we expressly waive the right to file or participate in a class action or seek relief on a class or representative basis.

No Jury Trial: If for any reason a claim arising out of or relating to these Terms proceeds in court rather than arbitration, you and Aurascend waive any right to a jury trial. Instead, such disputes would be decided by a judge.

 

This Class Action Waiver is an essential part of the arbitration agreement and may not be severed from it. If the Class Action Waiver is found to be unenforceable in a particular case, then the entirety of the foregoing agreement to arbitrate (but only the arbitration agreement) shall be null and void for that specific dispute. However, the rest of these Terms (and the remaining provisions of this Dispute Resolution section) will still apply.

 

Exceptions to Arbitration

While we expect that most issues can be resolved via arbitration, there are a few exceptions:

 

Small Claims: Either you or Aurascend may choose to bring an individual action in a U.S. small claims court (e.g., a local small claims court that has jurisdiction and is an appropriate venue under these Terms) for disputes or claims within the scope of that court’s jurisdiction. If the small claims action is transferred, removed, or appealed to a different court, the matter shall be subject to arbitration.

Intellectual Property and Equitable Relief: Notwithstanding the above, either party may seek injunctive or other equitable relief in a state or federal court of competent jurisdiction (subject to the governing law and venue provisions below) to protect intellectual property rights, proprietary information, or to prevent loss of data, theft, or unauthorized access to a party’s systems. Specifically, if you violate the Intellectual Property Rights section of these Terms in a way that threatens to cause irreparable harm to Aurascend, we may seek immediate injunctive relief from a court to stop such use or infringement, without first engaging in arbitration.

Opt-Out Right: You have the right to opt out of this arbitration agreement. If you do not agree to arbitrate disputes with us, you must email us at team@aurascend.com or send a letter to our mailing address (provided in the Contact Us section below) within 30 days of your first use of the site or purchase of our products to let us know that you do not agree to this arbitration agreement. You must include your name, address, the email associated with your account or purchase, and a clear statement that you want to opt out of this arbitration agreement. If you opt out, the arbitration agreement will not apply to you, but the rest of these Terms will continue to apply. Opting out of arbitration has no effect on any previous or future arbitration agreements you may have with us.

 

Governing Law

This Agreement and any Dispute between you and Aurascend shall be governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict of laws principles, and applicable federal law of the United States (including the Federal Arbitration Act for the arbitration agreement). The arbitrator will apply applicable law (and the provisions of these Terms) and honor claims of privilege recognized at law.

 

Venue for Litigation

Except for claims that must be arbitrated under the above arbitration agreement or brought in small claims court, any legal suit, action, or proceeding arising out of or related to these Terms or your use of the site or products shall be instituted exclusively in the state or federal courts located in Cook County, Illinois. You and Aurascend consent to the exclusive jurisdiction of such courts and waive any objections to the exercise of jurisdiction or venue by such courts. Notwithstanding this venue provision, either party may seek to enforce an arbitration award in any court of competent jurisdiction.

One-Year Limit

To the extent permitted by law, any Dispute must be filed within one (1) year in an appropriate forum (whether in arbitration or in court, if permitted) from the date on which the claim first could be filed. If a Dispute is not filed within one year, it is permanently barred. The one-year limitation period includes the internal dispute resolution process: neither party can initiate arbitration until 30 days after the other party has received a written notice describing the Dispute (to allow for a good faith effort to resolve it informally).

This Dispute Resolution section shall survive any termination of these Terms or of your account or access to the Aurascend services.

 

Changes to Terms and Termination

Aurascend reserves the right, at any time, to modify or update these Terms of Service. We will indicate the date of the latest revision at the top of this page. It is your responsibility to review the Terms periodically for updates. If we make material changes to the Terms, we may provide additional notice (such as adding a statement on our homepage or sending an email notification, if we have your email on file), but we are not required to do so. By continuing to use the site or our services after updated Terms are posted, you agree to be bound by the revised Terms.

If you do not agree to the modified terms, you should stop using our site and services. You may terminate this Agreement at any time by discontinuing use of the Aurascend site and (if applicable) cancelling any accounts or subscriptions. Aurascend may, in its sole discretion, terminate or suspend your access to all or part of the site or services at any time, with or without notice, for any or no reason, including if you violate these Terms. In the event of termination of this Agreement, the provisions that by their nature should survive termination (such as intellectual property rights, disclaimers, limitations of liability, arbitration agreement, etc.) will continue in full force and effect.

 

Miscellaneous Provisions

Entire Agreement: These Terms of Service, along with any policies or documents expressly incorporated by reference (such as our Refund Policy and Privacy Policy), constitute the entire agreement between you and Aurascend regarding your use of our website and services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us regarding the subject matter. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

No Waiver: No failure or delay by Aurascend in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right, power, or remedy by Aurascend preclude any further exercise of that right or the exercise of any other right, power, or remedy. If we waive any provision of these Terms, it will be done in writing and shall not imply a subsequent waiver of that or any other provision.

Severability: In the event that any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any provision or right under these Terms shall not constitute a waiver of that provision or right.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Aurascend may freely assign or transfer its rights and obligations under these Terms to any third party as part of a merger, acquisition, sale of business or assets, or by operation of law, or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries: These Terms are for the benefit of you and Aurascend (including our successors and assigns) only. Except as expressly provided in these Terms, no other person or entity shall have any rights under these Terms.

Headings: Section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.

 

Contact Us

If you have any questions about these Terms of Service, or need to contact us for any reason, please reach out to us:

 

Email: team@aurascend.com

Mail: 15826 LaGrange Rd, Unit #182 Orland Park, IL 60462 USA

Website Contact Form: You may also contact us through the form or contact information provided on our Contact Us page.

 

We value our customers and will do our best to address your inquiries and resolve any issues. If you are contacting us to dispute a charge or resolve a concern, please provide as much detail as possible so we can assist you promptly.

Thank you for choosing Aurascend. Your use of our site and purchase of our products signifies your agreement to these Terms. We appreciate your trust in us and are committed to providing you with quality supplements and service. By maintaining a relationship with Aurascend, you acknowledge and accept these Terms of Service in full.