The following Terms of Sale, together with our Terms of Service (click here), apply to your use of all websites owned, controlled, operated or hosted (whether now or in the future) by Auryn Inc. and/or its corporate affiliates, including but not limited to the Stories-Alive.com and Auryn.com websites (collectively the “Auryn Sites”).

Terms of Sale

Last Updated: December 4, 2013

These Terms of Sale (“Terms of Sale”) govern your purchase of goods and services (including, without limitation, your purchase of a membership/subscription, physical goods, and/or pay-per-download material) on or through any of the Auryn Sites. By purchasing any products or services on or through any of the Auryn Sites, you affirmatively acknowledge that you have read and understand these Terms of Sale, and agree to be bound by them as in effect at the time of your purchase. By accepting these Terms of Sale, completing any purchase hereunder or otherwise using any of the Auryn Sites or any products or services offered thereon, you agree also to be bound by the Auryn Terms of Service (click here), the Auryn Privacy Policy (click here) and the Legal Notices (click here), all of which are incorporated herein by reference. All capitalized terms used herein that are not otherwise defined in these Terms of Sale shall be as defined in the Auryn Terms of Service (click here).

These Terms of Service provide that all disputes between you and Auryn will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT by a judge or jury, and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Auryn, Inc.

These Terms of Sale are subject to change by Auryn from time to time. In the event of such changes, we will post the changes on the Auryn Sites and/or notify you via email. Also, we may ask you to review and consent to the changes at the time of your next account login or at the time of your next purchase on or through any of the Auryn Sites. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on or through the Auryn Sites.

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Subscription

You must be an Auryn subscriber or StoriesAlive Registered User or Member (“Subscriber”) to access certain goods, services and content offered on the Auryn Sites. With respect to any features or apps made available on a subscription basis (“Subscription-based Features”), you acknowledge and agree that, by making such Subscription-based Features accessible to Subscribers in general, Auryn will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients’ failure or inability to use such features.

1.1 Non-Trial Subscription

If you register to become an Auryn (Including StoriesAlive) Subscriber, we will charge you the applicable subscription fee for the applicable subscription term using your selected payment method, at the time of purchase. If you are not satisfied with non-trial subscription, you can cancel your subscription at any time. You subscription service will cease at the end of the billing month. Please note that we will not refund payments for partial months. If the subscription to a Subscription-based Feature is purchased from an App Store, please refer to the App Store’s Terms of Service for more details.

1.2 Subscription Renewals
Your membership will automatically be renewed at the end of the membership term unless. You turn off the auto-renew feature prior to the expiration date of your then existing subscription. If the subscription to a Subscription-based Feature is purchased from an App Store, please refer to the App Store’s Terms of Service for more details.
1.3 Trial Periods

In order to allow customers an opportunity to “sample” our products and services, occasionally we may offer trial periods with or without automatic renewal of subscription at the end of the trial period. If the trial is included as a part of a subscription offer, if you do not cancel during the trial period, you will automatically be converted into a non-trial Subscriber upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Subscription-based Features will continue only for the remainder of the non-trial subscription term.

1.4 Auryn’s Right to Terminate

Auryn reserves the right to terminate your subscription at any time for any breach or violation by you of the Auryn Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the subscription fee previously paid by you.

2. General Provisions

2.1 Purchase Qualifications; Account Security

To make any purchase on or through the Auryn Sites (including, without limitation, purchase of subscription, and/or pay-per-download material), you must be a Registered User (as defined in the Auryn Terms of Service) and comply with these Terms of Sale (including the Auryn Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Auryn sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18 (but not younger than 13), you may make purchases on or through the Auryn Sites and Apps only with the consent and supervision of a parent or guardian. No one under 13 is allowed to make any purchase on any of the Auryn Sites or Auryn Services. Auryn reserves the right to refuse or cancel any customer order or terminate any customer account with Auryn, at any time in its sole discretion (except as prohibited by law).

2.2 Payment Method and Terms

We accept Visa, MasterCard, American Express, and Discover credit cards and certain debit cards, as forms of payment. By submitting an order on or through the Auryn Sites, you authorize Auryn, or its designated payment processor, to charge the purchase amount (and in the event of a membership or subscription renewal, you authorize Auryn, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed. Auryn reserves the right to report, investigate and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized or otherwise unlawful use of any credit card or debit card by any person on or through the Auryn Sites.

2.3 Taxes

You are responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the Auryn Sites. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Auryn reserves the right to collect or withhold such taxes or fees from you at any time.

2.4 Product and Service Availability; Errors

Auryn may revise, discontinue or modify products or services offered on or through the Auryn Sites and Apps, at any time without prior notice to you,

While we strive to eliminate errors on the Auryn Sites, we do not warrant that all products, services, information and content offered on the Auryn Sites will be accurate, complete, reliable, current, or error-free. In the event of an error by Auryn in processing or delivering your order, Auryn may, at its election: (1) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (2) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order.

2.5 Privacy

We care about the privacy of our customers. Please click here to view the Auryn Privacy Policy.

2.6 Limitation on Liability

ALL OF THE PRODUCTS, SUBSCRIPTION-BASED FEATURES, AURYN SITES, AURYN SERVICES, AND AURYN CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AURYN AND ITS LICENSORS/SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

.UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE SUBSCRIPTION-BASED FEATURES, AURYN SITE(S) AND AURYN SERVICES, AND

.IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO ANY PRODUCT, SUBSCRIPTION-BASED FEATURES, AURYN SITES AND AURYN SERVICES. IN ADDITION, ALTHOUGH AURYN INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO ANY PRODUCT, SUBSCRIPTION-BASED FEATURES AND AURYN SITES, AND WHETHER OR NOT AURYN IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, AURYN DOES NOT WARRANT THAT ANY PRODUCT, SUBSCRIPTION-BASED FEATURES, AURYN SITES OR AURYN SERVICES, OR ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE AURYN SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

BY PURCHASING ANY PRODUCT, AURYN SERVICE, SUBSCRIPTION-BASED FEATURE, ACCESSING OR USING ANY OF THE AURYN SITES OR AURYN SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH AURYN SITES OR AURYN SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL AURYN, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT AURYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE AURYN SITES AND/OR THE AURYN SERVICES. IN NO EVENT SHALL AURYN’S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED THE PRICE YOU PAID FOR THE APPLICABLE PRODUCT, SUBSCRIPTION-BASED FEATURE OR SUBSCRIPTION OR $200, WHICHEVER IS GREATER. USER EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR THE USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF THE USER MATERIALS BY AURYN). THE PARTIES ACKNOWLEDGE AND AGREE THAT AURYN HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN USER AND AURYN, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

2.7 Governing Law; Venue and Jurisdiction

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and Auryn or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts located in the Los Angeles County, California.

2.8 Arbitration
YOU AND AURYN AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY AURYN SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA“) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules“) (collectively the “AAA Rules“). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Auryn will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY AURYN PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

In no event shall any claim, action or proceeding by you related in any way to any products or services purchased by you on or through any of the Auryn Sites be instituted more than three (3) years after the cause of action arose.

2.9 Indemnity

You agree to indemnify and hold Auryn, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any products or services offered on any of the Auryn Sites or Apps, or any violation of these Terms of Sale or of any law or the rights of any third party.

2.10 Miscellaneous

These Terms of Sale, together with the Auryn Terms of Service, the Auryn Privacy Policy and the Legal Notices, constitute the entire agreement between you and Auryn regarding your purchase and use of Auryn’s goods and services offered on the Auryn Sites or Apps , superseding any prior agreements between you and Auryn relating to such purchase and use. The failure of Auryn to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Auryn Terms of Service, these Terms of Sale shall be controlling.

Questions

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