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Aurora Parts & Accessories, LLC, Website Terms of Use

THE FOLLOWING WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN THE USE OF ANY WEB SITE OR WEB PAGE (HEREINAFTER INDIVIDUALLY REFERRED TO AS A "WEB SITE" AND COLLECTIVELY REFERRED TO AS THE "WEB SITES") OPERATED BY AURORA PARTS & ACCESSORIES LLC, AURORA TRAILER LEASING & RENTAL LLC AND AURORA TRAILER HOLDING LLC (HEREINAFTER COLLECTIVELY REFERRED TO AS "AURORA"). BY ACCESSING OR USING THE WEB SITES, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (HEREINAFTER REFERRED TO AS "YOU" OR "YOUR"), SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE WITHOUT MODIFICATION. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS GOVERNING YOUR USE OF PARTICULAR FUNCTIONS OF THE WEB SITES.

  1. 1. Eligibility.

    The Web Sites are provided by Aurora and available only to customers and/or prospective customers of Aurora.

  2. 2. Modifications.

    Aurora may revise and/or update these Terms of Use at any time. Your continued usage of the Web Sites after any changes to these Terms of Use will signify your acceptance of those changes. Any aspect of the Web Sites may be changed, supplemented or deleted without notice at the sole discretion of Aurora.

  3. 3. Scope of Terms of Use.

    These Terms of Use govern your use of the Web Sites and all applications, software and services (hereinafter collectively referred to as the "Services") available on the Web Sites, except to the extent such Services are the subject of a separate agreement.

  4. 4. Privacy Policy.

    The Aurora Privacy Policy governs the use of information collected from or provided by you at the Web Sites.

  5. 5. License and Ownership.

    Any and all intellectual property rights (hereinafter referred to as the "Intellectual Property") associated with the Web Sites and their contents (hereinafter referred to as the "Content") are the sole property of Aurora. The Intellectual Property and Content are protected by copyright and other laws. Elements of the Web Sites are also protected by trade secret, unfair competition and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons and other items that appear on the Web Sites are trademarks and service marks (hereinafter collectively referred to as the "Marks") of Aurora and may not be used in any manner without the express written consent of Aurora. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property or Content of the Web Sites in any way without Aurora's prior written permission. Except as expressly provided herein, Aurora does not grant to you any express or implied rights to Aurora's Intellectual Property and Content.

    Aurora grants you a limited, nontransferable, revocable license to
    1. (a) access and use the Web Sites, Content and Services only in the manner presented by Aurora, and
    2. (b) access and use the Aurora computer and network services (hereinafter referred to as the "Aurora Systems") offered with the Web Sites only in the manner expressly permitted by Aurora.
    {' '} Except for this limited license, Aurora does not convey any interest in or to the Aurora Systems, or information or data available via the Aurora Systems (hereinafter collectively referred to as the "Data"), Content, Services, Web Sites or any other Aurora property by permitting you to access the Web Sites. Except to the extent required by law or as expressly provided herein, none of the Content or Data may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Aurora. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content or Data in any way, unless expressly permitted to do so by Aurora.

  6. 6. Restrictions on Use.

    In addition to other restrictions set forth in these Terms of Use, you agree that:{' '}
    1. (a) You shall not disguise the origin of Data transmitted through the Web Sites.
    2. (b) You will not place false or misleading information on the Web Sites.
    3. (c) You will not use or access any Services, Data or Content available via the Web Sites in a manner not expressly permitted by Aurora.
    4. (d) You will not input or upload to the Web Sites any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Sites, Data or Content.
    5. (e) Certain areas of the Web Sites are restricted to customers of Aurora.
    6. (f) You may not use or access the Web Sites or the Aurora Systems or Services in any way that, in Aurora's judgment, adversely affects the performance or function of the Web Sites, Services or Aurora's Systems, or interferes with the ability of authorized parties to access the Web Sites, Services or Aurora's Systems.
    7. (g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or Data without the express written consent of Aurora.

  7. 7. Links.

    The Web Sites may contain links to third-party web sites and resources (hereinafter collectively referred to as the "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Aurora of the content of such Linked Sites. Aurora makes no representations or warranties regarding the accuracy or performance of, or the quality of any content, software, service or application found at, any Linked Sites. If you decide to access Linked Sites, you do so at your own risk. The use of Linked Sites is subject to any applicable terms and conditions contained therein.

  8. 8. Termination of Use; Confidentiality.

    You agree that Aurora, in its sole discretion, may terminate or suspend your use of the Web Sites, the Aurora Systems, Services, Content and Data at any time and for any or no reason, even if access and use continues to be allowed to others. Upon such termination or suspension, you must immediately
    1. (a) discontinue use of the Web Sites, the Aurora Systems, Services, Content and Data and
    2. (b) destroy any copies you have made of any portion of the Content and/or Data.
    {' '} Accessing the Web Sites, the Aurora Systems, Services, Content or Data after such termination or suspension shall constitute an act of trespass. You agree that Aurora shall not be liable to you or any third party for any termination or suspension of your access to the Web Sites, the Aurora Systems, Services, Data and/or Content. Following any such termination, you agree to hold in confidence for a period of three (3) years, any information related to the Content and Data of the Web Sites.

  9. 9. Export.

    You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with and assume responsibility for compliance with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside or from which you may access the Web Sites.

  10. 10. Disclaimer of Warranties.

    AURORA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS OBTAINED FROM USING THE WEB SITES, THE AURORA SYSTEMS, THE SERVICES, THE DATA OR THE CONTENT, AND USE OF SAME IS AT YOUR OWN RISK. THE WEB SITES, THE AURORA SYSTEMS, THE DATA, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, AURORA DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. AURORA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS OR SECURITY OF THE SERVICES, CONTENT OR DATA PROVIDED ON OR THROUGH THE USE OF THE WEB SITES OR THE AURORA SYSTEMS. NO CONTENT OR DATA OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY AURORA IN THESE TERMS OF USE.

  11. 11. Limitation of Liability.

    IN NO EVENT SHALL AURORA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST INFORMATION OR DATA OR BUSINESS INTERRUPTION RESULTING FROM THESE TERMS OF USE, THE USE OF OR THE INABILITY TO USE THE WEB SITES, THE AURORA SYSTEMS, THE SERVICES, THE CONTENT OR THE DATA WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS IF AURORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  12. 12. Governing Law; Jurisdiction; Venue.

    All issues and questions concerning the application, construction, validity, interpretation or enforcement of these Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana. Any proceeding arising out of your use of the Web Sites, the Aurora Systems, Services, Content and/or Data shall be instituted exclusively in the federal or state courts located within the County of Tippecanoe, State of Indiana.

  13. 13. Savings Clause.

    If any provision in these Terms of Use is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  14. 14. Complete Agreement.

    EXCEPT AS EXPRESSLY PROVIDED IN ANY SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND AURORA WITH RESPECT TO THE USE OF THE WEB SITES, THE AURORA SYSTEMS, AND ANY SOFTWARE OR SERVICES, CONTENT AND/OR DATA CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.