1. Services Provided

AURA TECHNOLOGIES AND LOGISTICS LLC will provide to CUSTOMER different Services as specified in each AURA TECHNOLOGIES AND LOGISTICS LLC Agreement. This signed Agreement will be effective as of the date of signing and will be for the duration of the term as stated in the Agreement. Either of the two parties may renew this Agreement in writing for a duration mutually agreed upon.

2. Charges and Payments

All payments that CUSTOMER shall make in connection with the signed Agreement shall be made in American dollars. The Parties agree that it is an essential provision of the Agreement that payments are effectively made in United States Dollars. According to what the Parties have agreed CUSTOMER declares that he/she has taken all necessary prevision to fulfill said payment obligation in American dollars, and Client explicitly and irrevocably waives his right to allege impossibility to fulfill his payment obligation, or force majeure, as well as his right to invoke “The Theory of the Unforeseen”, in relation with a real or legal impossibility that prevents Client from acquiring outstanding American dollars. It is hereby explicitly understood that any payment which might arise from the Agreement shall only be deemed cancelled when the exact total amount of American Dollars agreed upon has been collected AURA TECHNOLOGIES AND LOGISTICS LLC. All payments to AURA TECHNOLOGIES AND LOGISTICS LLC shall be net, free of any charge, tax, withholding or conversion cost, or transfer in which the Customer should incur to obtain the outstanding American Dollars.

2.1 Monthly Recurring Charges

Monthly recurring charges begin on the Commencement Date for each service. The charges for the first month, if it is partial, will be prorated. AURA TECHNOLOGIES AND LOGISTICS LLC will invoice fifteen (15) days in advance and payment is due in advance prior to the first day of each month in which Service is provided.

2.2 Termination of Service

a) If CUSTOMER fails to make any payment as scheduled on the 1st of each month. AURA TECHNOLOGIES AND LOGISTICS LLC may, terminate CUSTOMER’s use of any service(s) provided by AURA TECHNOLOGIES AND LOGISTICS LLC. To re-instate service, CUSTOMER will pay the cancellation charges and
any reconnection charges.

2.3 Deposit

CUSTOMER will pay a deposit (as specified in Agreement), which shall be payable upon the execution of this Agreement, equal to one month’s charges. Such a deposit shall not relieve CUSTOMER of its obligation to make any monthly payment when due. AURA TECHNOLOGIES AND LOGISTICS LLC may apply such payment to satisfy any or all obligations of CUSTOMER to AURA TECHNOLOGIES AND LOGISTICS LLC; this however, shall not limit AURA TECHNOLOGIES AND LOGISTICS LLC’sright to seek any other relief or to exercise any other remedy.

2.4 Taxes and Charges

Where applicable, AURA TECHNOLOGIES AND LOGISTICS LLC’s charges are exclusive of taxes, surcharges, access charges, use taxes or charges that support universal service funds (collectively “taxes”) levied by any governmental entity or agency on account of the Service or CUSTOMER’s use thereof, (except for taxes assessed on the net income of AURA TECHNOLOGIES AND LOGISTICS LLC, or property taxes assessed on AURA TECHNOLOGIES AND LOGISTICS LLC’s facilities). All such taxes shall be payable by CUSTOMER, whether imposed on AURA TECHNOLOGIES AND LOGISTICS LLC or CUSTOMER.

2.5 Activation Charges

The activation charges for service are specified in each Agreement and are payable upon its execution.

2.6 Receipt

Work will not begin until receipt by AURA TECHNOLOGIES AND LOGISTICS LLC of all of the following: (i) a valid agreement, (ii) deposit, and (iii) activation charges.

3. Commencement Date

The targeted Commencement Date for each service is as specified in each Agreement. The Commencement Date for each service shall be the date on which all of the following have occurred:
a) The service has been provisioned and turned over to CUSTOMER;
b) The applicable activation charges and applicable Security Deposit have been paid by CUSTOMER. Upon confirmation of IP connectivity by CUSTOMER or Commercial use of the service by CUSTOMER or its designate shall constitute acceptance of the service and be
considered as the Commencement Date. Should delays arise due to problems on CUSTOMER side during the activation of the service, Aura Technologies and Logistics LLC may charge for the bandwidth already assigned to CUSTOMER.

4. Cancellation of Service by CUSTOMER

4.1 Cancellation before Commencement Date. If CUSTOMER cancels a service before the Commencement Date(s), CUSTOMER shall pay, as liquidated damages and not as a penalty, the activation charge for each such service and all costs incurred which are directly related to this project.
4.2 Cancellation after Commencement Date.
In the event that CUSTOMER cancels a service before expiration of the Term then in effect; CUSTOMER shall pay to AURA TECHNOLOGIES AND LOGISTICS LLC the following:
a) Accrued Charges. All charges accrued and unpaid with respect to the canceled services; and b) Cancellation Charges. An additional amount as cancellation charges, which shall be payable as liquidated damages and not as a penalty, equal to one hundred (100%) of the total remaining monthly recurring charges that would have become due through the end of the Term of Service.

5. Tariffs

If Customer’s use of a service renders it subject to the jurisdiction of the California Public Utilities Commission, then such circuit(s) shall be provided in accordance with, and under the provisions of, the applicable Tariff or Tariffs on file. A copy of such Tariff or Tariffs is available for inspection at the offices of AURA TECHNOLOGIES AND LOGISTICS LLC. In the event of any changes or modifications to the Tariff, Tariffs or fees of the CPUC or the broadband owner, a signed Agreement shall be subject to such change or modification during its validity. Any such fee or tariff changes or modifications will be charged to CUSTOMER. Written notification will be given to CUSTOMER of any such tariff changes or modifications.

6. Customer Obligations

6.1 CUSTOMER is solely responsible for all local legal requirements and necessary steps for the use of AURA TECHNOLOGIES AND LOGISTICS LLC services (a communication path provided by CUSTOMER or a third party), on CUSTOMER’s side of the Demarcation Point with AURA TECHNOLOGIES AND LOGISTICS LLC to its facilities or the facilities of others providing a portion of any circuit. CUSTOMER shall secure and be solely responsible for obtaining all licenses, permits, certificates, rights-of-way and other arrangements necessary for such services. Customer is full responsible for the operation and performance of all equipment on customer’s side including broadband antenna, broadband modem, routers and any other equipment pertinent to the service located at customer’s facilities.

6.2 Compliance with Laws

CUSTOMER shall not use the Service in violation of any applicable law or regulation. Each party agrees to comply with all applicable laws and regulations. CUSTOMER understands that AURA TECHNOLOGIES AND LOGISTICS LLC is subject to regulation by agencies of the US
Government, including the US Department of Commerce, which prohibits export or diversion of equipment and/or services to certain countries, and each party agrees it will not assist or participate in any such prohibited diversion or other violation of applicable US laws and regulations.

7. Limitation of Liabilities and Indemnity

In no event shall AURA TECHNOLOGIES AND LOGISTICS LLC be liable for incidental or consequential damages or loss of revenue, whether foreseeable or not, occasioned by any defect in the AURA TECHNOLOGIES AND LOGISTICS LLC provided facilities, or the provision of Service thereon, any delay in the
provision of Service to CUSTOMER any failure of AURA TCCHNOLOGIES AND LOGISTICS LLC to provide Service, or any other cause whatsoever. Neither AURA TECHNOLOGIES AND LOGISTICS LLC nor the broadband owner makes any warranties, express or implied, to any person or entity concerning AURA TECHNOLOGIES AND LOGISTICS LLC provided facilities. Without limiting the generality of the foregoing, CUSTOMERacknowledges and agrees that it shall have no right to recovery for the satisfaction of any cause whatsoever, arising out of or relating to a signed Agreement and/or transactions contemplated hereby, against any and all members of AURA TECHNOLOGIES AND LOGISTICS LLC or AURA TCHNOLOGIES AND LOGISTICS LLC itself. AURA TECHNOLOGIES AND LOGISTICS LLC does not transmit messages, although CUSTOMER may use the Service for that purpose. AURA TECHNOLOGIES AND LOGISTICS LLC is providing dedicated communications circuit(s) to CUSTOMER, without respect to the nature, volume, content or value of signals transmitted over the Service. The payments provided to AURA TECHNOLOGIES AND LOGISTICS LLC are based solely on the value of the Service, and are unrelated to the nature, volume, content or value of any signals or communications transmitted over the Service. In no event shall AURA TECHNOLOGIES AND LOGISTICS LLC be liable for costs for replacement of such Services, equipment, loss of profits, or for any special, consequential or incidental damages, however caused, and whether claimed by CUSTOMER or by any third party. Where applicable the parties acknowledge that the services will be provided to CUSTOMER through the use of a broadband connection. In the event that the broadband service becomes non-operational, the Services may be temporarily interrupted or permanently terminated without prior notice to CUSTOMER. In no event shall AURA TECHNOLOGIES AND LOGISTICS LLC be liable for any damages, losses or liabilities caused to or incurred by
CUSTOMER, directly or indirectly, as a result of such an interruption or termination.

8. Default; Remedies

Any of the following events shall constitute a default under a signed Agreement:
a) Failure by CUSTOMER to fulfill any payment obligation.
b) If either party has filed or commenced any preceding for any relief under bankruptcy or insolvency laws of the United States of America.
c) If any substantial part of a party’s property becomes subject to any levy, seizure, assignment, application, or sale for or by a creditor or governmental agency.
d) The dissolution or termination of the existence of a party.
e) Non-performance by a party of any provision of a signed Agreement, after having had thirty (30) days in which to remedy the fault.
In the event of a default by a party as described above, the other party shall have the right to immediately terminate this Agreement, in addition to any other remedy to which such party may be entitled by applicable law. If the default is by CUSTOMER, AURA TECHNOLOGIES AND LOGISTICS LLC has the right to retain all payments made by CUSTOMER, in addition to any other right that AURA TECHNOLOGIES AND LOGISTICS LLC has by applicable law.

9. Termination of a signed Agreement

A signed Agreement may be terminated by either party if: There is a confirmed outage of Service and AURA TECHNOLOGIES AND LOGISTICS LLC cannot restore Service within thirty (30) days.
A signed Agreement may be terminated on notice AURA TECHNOLOGIES AND LOGISTICS LLC to CUSTOMER, if CUSTOMER fails:
a) To make payment of any amount due under the Agreement, or
b) To cease any activity in violation of the operational requirements of the
Agreement. If an Agreement is terminated, in addition to all of AURA TECHNOLOGIES AND LOGISTICS LLC’s other legal remedies, AURA TECHNOLOGIES AND LOGISTICS LLC shall be entitled to declare immediately due and payable the amount specified in Clause 4 of these T&C’s. This amount payable shall constitute liquidated damages and shall not constitute a penalty.
A signed Agreement may NOT be terminated due to any of the following:
a) If AURA TECHNOLOGIES AND LOGISTICS LLC’s inability to perform is due to acts or omissions of CUSTOMER or its agents, or contractors or,
b) For intermittent failures of Service due to sun outages, meteorological or astronomical disturbances.

10. General Provisions

10.1 Any failure or delay in the performance by AURA TECHNOLOGIES AND LOGISTICS LLC of its obligations to commence or to continue to provide Service shall not be a breach of a signed Agreement and shall not constitute a failure for purposes of determining whether a Confirmed Outage or a failure on a Confirmed Basis has occurred, if such a delay results from any Act of God, governmental action (whether in its sovereign or contractual capacity), or any other circumstance reasonably beyond the control of AURA TECHNOLOGIES AND LOGISTICS LLC, including but not limited to, receive earth station sun outage, meteorological or astronomical disturbances, earthquake, snowstorm, fire, flood, strikes or labor disputes (excluding any strikes or labor disputes by AURA TECHNOLOGIES AND LOGISTICS LLC employees), war, civil disorder, epidemics, quarantines, embargoes, or act or omissions of CUSTOMER or any third parties, including, without limitation, any failure of CUSTOMER to provide, or the failure of, any of the CUSTOMER provided facilities, requirements or regulations of the United States and the Government of the Host Country and any other civil or military authority, or for any cause beyond either party’s reasonable control; without incurring any liability to CUSTOMER. AURA TECHNOLOGIES AND LOGISTICS LLC reserves the right to discontinue efforts to provide the Service, upon notice given to CUSTOMER on account of such conditions.
10.2 CUSTOMER shall not assign or otherwise transfer its rights or obligations under a signed Agreement, except to an Affiliate, without the prior written consent AURA TECHNOLOGIES AND LOGISTICS LLC; any prohibited assignment shall be null and void. AURA TECHNOLOGIES AND LOGISTICS LLC shall have the right to assign all or part of its rights or obligations under a signed Agreement without the prior written consent of CUSTOMER. In such event, CUSTOMER of written notice shall release AURA TECHNOLOGIES AND LOGISTICS LLC from all liabilities hereunder upon receipt to such assignment and CUSTOMER shall have no recourse against AURA TECHNOLOGIES AND LOGISTICS LLC. Such written notice shall include the name of the assignee and an agreement from the assignee to assume such liabilities.

10.3 A signed Agreement shall be interpreted in accordance with the laws of the State of California, USA. Both parties agree to submit any differences that emerge between them from the Agreement to the jurisdiction and tribunals of United States, waiving their right to any other jurisdiction that may apply due to their addresses, past, present to future.

10.4 Arbitration. Any controversy or claim arising out of or related to the order, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses incurred thereby, including court costs and reasonable attorney’s fees. AURA TECHNOLOGIES AND LOGISTICS LLC reserves the right to suspend work on the order until a settlement is reached. No payment due or payable by CUSTOMER shall be withheld on account of pending arbitration.

10.5 A signed Agreement may not be changed, modified, amended or released, except by previous written agreement entered into by duly authorized representatives of AURA TECHNOLOGIES AND LOGISTICS LLC and CUSTOMER. A duly authorized representative of AURA TECHNOLOGIES AND LOGISTICS LLC is the President or a Vice President of AURA TECHNOLOGIES AND LOGISTICS LLC.

10.6 In the event of any default of CUSTOMER, AURA TECHNOLOGIES AND LOGISTICS LLC may decline to provide further Services. If AURA TECHNOLOGIES AND LOGISTICS LLC elects to continue providing Services, such action shall not constitute a waiver of any default or in any way affect AURA TECHNOLOGIES AND LOGISTICS LLC’s legal remedies for such default. The waiver of any breach or default hereunder shall not constitute the waiver of any subsequent breach or default.

10.7 The invalidity or unenforceability of any particular provision of a signed Agreement will not affect any other provision of the Agreement, which will be construed in all respects as if such invalid or unenforceable provision were omitted.

10.8 Both parties recognize that any Confidential Information disclosed by either party is of proprietary value to the other. Neither party shall use or disclose such Confidential Information to others (except to its employees who are also bound to hold strict confidentiality) without the express written permission of the other party, except that either party shall not be prevented from disclosing that portion of Confidential Information received from the other party that (i) can be demonstrated by written records from a source other than the parties at the time of receipt; or (ii) was subsequently otherwise legally acquired by the parties from a third party having an independent right to disclose the information; or (iii) is now or later becomes publicly known without breach of a signed Agreement by either party or any party that received such Confidential Information from either party. The Parties obligation of secrecy shall survive expiration or early termination of a signed Agreement. The parties shall hold in confidence the information contained in the Agreement. Notwithstanding the foregoing, disclosure, on a confidential basis, by either party to its principals, auditors, attorneys, investors, lenders, insurance agents, and proposed and actual successors in interest is permitted.

10.9 Any notice or report required or permitted by a signed Agreement shall be deemed given if delivered personally, if sent by either party to the other by courier, first class mail, postage prepaid or transmitted via facsimile addressed to the other party at the following address Aura Technologies and Logistics LLC:
AURA TECHNOLOGIES AND LOGISTICS LLC
111 N. Market Street
Suite 300
San Jose, CA 95113
Tel: 800-279-AURA
Fax: 800-283-0932
e-mail: info@auratlc.com
For client it will be address as stipulated in the signed Broadband IP Connectivity Agreement. Or at any other address with prior written notification to the other party. Notice shall be deemed effective upon receipt.

11. Business VoIP Services:

These Terms of Service constitute the agreement (“Agreement”) between Aura Technologies and Logistics LLC Corp. (“we,” “us” or ” Aura Technologies and Logistics LLC “) and the user (“you,” “user” or “Customer”) of Aura Technologies and Logistics LLC’s enhanced Small Business communications services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device, (“Device” or “Equipment”) used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

12. SERVICE

12.1 Terms
Service is offered on a monthly basis for a term which begins on the date thatAura Technologies and Logistics LLC activates your Service and ends on the day before the same date in the following month. If the services does not begin at the 1st day of a month, the first month will be prorated in order to start and end within the same month. Subsequent terms of this agreement automatically renew on a monthly basis without further action by you unless you give Aura Technologies and Logistics LLC written notice of non-renewal at least Sixty (60) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

12.2 Small Business Use of Service and Device

Prohibition on Resale If you have subscribed to Aura Technologies and Logistics LLC’s Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from Aura Technologies and Logistics LLC in advance. You agree that the Aura Technologies and Logistics LLC Small Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. Aura Technologies and Logistics LLC reserves the right to immediately terminate or modify the Service, Aura Technologies and Logistics LLC determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities.

12.3 Prohibited Uses

You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Aura Technologies and Logistics LLC’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law in the US or in the Country where you reside. Usage of the service is at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any a and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Aura Technologies and Logistics LLC against any and all liability for any such use. Aura Technologies and Logistics LLC reserves the right to terminate your service immediately and without advance notice if Aura Technologies and Logistics LLC, in its sole discretion, believes that you have violated the above restrictions, or find that you area abusing the service, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at Aura Technologies and Logistics LLC’s discretion be Immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agreed to indemnify and hold harmless Aura Technologies and Logistics LLC against any and all liability for any such use. If Aura Technologies and Logistics LLC, in its sole discretion believes that you have violated the above restrictions and have finding of abuse for more than 1000 minutes, Aura Technologies and Logistics LLC may forward the objectionable material, as well as your communications with Aura Technologies and Logistics LLC and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

12.4 Loss of Service

Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Aura Technologies and Logistics LLC You acknowledges and understands that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Aura Technologies and Logistics LLC) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider (ISP) and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Aura Technologies and Logistics LLC terminate the Service in accordance with this Agreement.

12.5 Theft of Service

You agree to notify Aura Technologies and Logistics LLC immediately, in writing or by calling the Aura Technologies and Logistics LLC customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Aura Technologies and Logistics LLC receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

12.6 Service Distinctions

You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by Aura Technologies and Logistics LLC. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.

13. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

13.1 Billing

You must give us a valid credit card number (Visa, MasterCard, Discover, American Express or any other issuer then-accepted by Aura Technologies and Logistics LLC) when the Service is activated or transfer funds via wire transfer. Aura Technologies and Logistics LLC reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Aura Technologies and Logistics LLC at once. Aura Technologies and Logistics LLC VoIP Business Services are prepaid services. A minimum pre-payment of per account is required to cover monthly charges and usage and will be stipulated in your proposal depending on your service. When your account credit balance reaches a minimum of $25 we will automatically bill your credit card on file for an additional pre-payment to maintain a positive balance and avoid service disconnection. If we are unable to process your card and do not receive payment before your balance is expired your account will be disconnected. To reactivate your account a re-activation fee of $35 will be charged. We will bill all charges, applicable taxes and surcharges monthly in advance to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, re-connection fees and shipping and handling charges. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules available from Aura Technologies and Logistics LLC.

13.2 Billing Disputes

You must notify Aura Technologies and Logistics LLC in writing within 7 days after receiving your credit card statement if you dispute any Aura Technologies and Logistics LLC charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
AURA TECHNOLOGIES AND LOGISTICS LLC
111 N. Market Street
Suite 300
San Jose, CA 95113
Tel: 800-279-AURA
Fax: 800-283-0932
e-mail: info@auratlc.com

13.3 Payment

Aura Technologies and Logistics LLC accepts payments by credit card, advanced wire transfer or checks. Your initial use of the Service authorizes Aura Technologies and Logistics LLC to charge the credit card account number on file with Aura Technologies and Logistics LLC, including any changed information given Aura Technologies and Logistics LLC if the card expires or is replaced, or if you substitute a different card. This authorization will remain valid until 30 days after Aura Technologies and Logistics LLC receives your written notice terminating Aura Technologies and Logistics LLC’s authority to charge your credit card, whereupon Aura Technologies and Logistics LLC will charge you the disconnect fee and any other outstanding charges and terminate the Service. Aura Technologies and Logistics LLC may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Aura Technologies and Logistics LLC is declined or reversed, your credit card expires and you have not provided Aura Technologies and Logistics LLC with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to Aura Technologies and Logistics LLC for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by Aura Technologies and Logistics LLC in collecting such amounts, such as (but not limited to) late fees, collection costs and attorney’s fees.

13.4 Termination/Discontinuance of Service

Aura Technologies and Logistics LLC reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Aura Technologies and Logistics LLC discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Aura Technologies and Logistics LLC or of a third party provider to which Aura Technologies and Logistics LLC is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable.

13.5 Taxes

You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide Aura Technologies and Logistics LLC with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Aura Technologies and Logistics LLC receives such certificate.

14. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

14.1 Limitation of Liability

Aura Technologies and Logistics LLC shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) Act or omission of an underlying carrier, service provider, vendor or other third party;
2.) Equipment, network or facility failure;
3.) Equipment, network or facility upgrade or modification;
4.) Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) Equipment, network or facility shortage;
6.) Equipment or facility relocation;
7.) Service, equipment, network or facility failure caused by the loss of power to Customer;
8) Outage of Customers ISP or broadband service provider;
9) Act or omission of Customer or any person using the Service or Device provided to Customer; or
10) Any other cause that is beyond Aura Technologies and Logistics LLC’s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, , or degradation of voice quality. Aura Technologies and Logistics LLC’s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Aura Technologies and Logistics LLC’s performance or nonperformance hereunder or (iii) any Aura Technologies and Logistics LLC act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

14.2 Disclaimer of Damages

IN NO EVENT SHALL AURA TECHNOLOGIES AND LOGISTICS LLC , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT AURA TECHNOLOGIES AND LOGISTICS LLC WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

14.3 Indemnification

Customer agrees to defend, indemnify, and hold harmless Aura Technologies and Logistics LLC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.

14.4 No Warranties on Service

AURA TECHNOLOGIES AND LOGISTICS LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMERS REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, AURA TECHNOLOGIES AND LOGISTICS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER AURA TECHNOLOGIES AND LOGISTICS LLC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO AURA TECHNOLOGIES AND LOGISTICS LLC’SOR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF AURA TECHNOLOGIES AND LOGISTICS LLC’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY AURA TECHNOLOGIES AND LOGISTICS LLC OR AURA TECHNOLOGIES AND LOGISTICS LLC’SAGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

14.5 No Warranties, or Limited Warranties, for Devices

If Customer received the Device new from Aura Technologies and Logistics LLC and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer’s Device did not include a limited warranty from Aura Technologies and Logistics LLC at the time of receipt, Customer agrees that it accepts its Device “as is” and that Customer is not entitled to replacement or refund in the event of any defect, except that for Retail Customers only, Aura Technologies and Logistics LLC will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. This Retail Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, AURA TECHNOLOGIES AND LOGISTICS LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS ERROR FREE OR WILL MEET CUSTOMER¿S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.

14.6 No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

14.7 Content

You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Aura Technologies and Logistics LLC reserves the right to terminate or suspend affected Services, and/or remove your or Users’ content from the Services, if Aura Technologies and Logistics LLC. determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Aura Technologies and Logistics LLC’s ability to provide Services to you or others or receives notice from anyone that your or Users’ use or Content may violate any laws or regulations. Aura Technologies and Logistics LLC ‘s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or Content. You will indemnify and hold Aura Technologies and Logistics LLC. against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

15. GOVERNING LAW / RESOLUTION OF DISPUTES

15.1 Mandatory Arbitration

Any dispute or claim between Customer and Aura Technologies and Logistics LLC. arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules The arbitration shall take place in California and shall be conducted in English. The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

15.2 Governing Law

The Agreement and the relationship between you and Aura Technologies and Logistics LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason, you and Aura Technologies and Logistics LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California and waive any objection as to venue or inconvenient forum. The failure of Aura Technologies and Logistics LLC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15.3 Entire Agreement

This Agreement and the rates for Services found on Aura Technologies and Logistics LLC’s website and available from Aura Technologies and Logistics LLC constitute the entire agreement between you and Aura Technologies and Logistics LLC and govern your use of the Service, superseding any prior agreements between you and Aura Technologies and Logistics LLC and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Aura Technologies and Logistics LLC unless and until posted in accordance with Section 3 hereof.

15.4 Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or no enforceability will not invalidate or render unenforceable any other portion of this Agreement.

16. PRIVACY

Aura Technologies and Logistics LLC Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Aura Technologies and Logistics LLC is not liable for any
lack of privacy which may be experienced with regard to the Service. We will make all effort to protect personal information of our clients. Please refer to the Privacy Policy for more details.
Aura Technologies and Logistics LLC E911 Disclaimer

SERVICE DESCRIPTION

Aura Technologies and Logistics LLC – Voice Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol (“IP”) and carried, in part, over high-speed internet access, also known as broadband internet service. This service may be generically referred to as “voice over IP”. It is separate and distinct from standard Local, Local Toll and Long-Distance services. “Service” or “Services” is defined to include Voice over IP unlimited local and nationwide direct dialed calling within the United States and Canada and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which Aura Technologies and Logistics LLC, in its sole discretion, may add, modify, or delete from time to time. Aura Technologies and Logistics LLC ‘s Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). Aura Technologies and Logistics LLC’s Service may not support 900, 311, 511 and/or other x11 (other than 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas. You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service provided by Aura Technologies and Logistics LLC. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.

SERVICE REQUIREMENTS

Aura Technologies and Logistics LLC Voice Service requires: (a) specialized customer premises equipment called a telephone adapter (“TA”, “Device” or “Aura Technologies and Logistics LLC. Equipment”) obtained through Aura Technologies and Logistics LLC or a third party that allows connectivity from a regular telephone handset (which you need to supply) to your broadband connection and which you are responsible for installing yourself pursuant to instructions provided to you by Aura Technologies and Logistics LLC and (b) a broadband connection via cable modem (2- way cable) or DSL with broadband capability of at least 90 Kbps upstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct TA configuration, Aura Technologies and Logistics LLC does not guarantee that the service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.

AURA TECHNOLOGIES AND LOGISTICS LLC – VOICE SERVICE 911 EMERGENCY DIALINGPLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY USING AND PAYING FOR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE 911 EMERGENCY DIALING SERVICE, AND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR ENHANCED 911 (“e911”) CALLS.

YOU ACKNOWLEDGE AND UNDERSTAND THAT AURA TECHNOLOGIES AND LOGISTICS LLC. OFFERS A 911 EMERGENCY SERVICE AS DESCRIBED HEREIN AND THAT SUCH 911 DIALING IS DIFFERENT IN A NUMBER OF IMPORTANT WAYS (SOME, BUT NOT NECESSARILY ALL, OF WHICH ARE DESCRIBED IN THIS AGREEMENT) FROM TRADITIONAL 911 SERVICE, AND THAT WE HAVE TOLD YOU THAT THE AURA TECHNOLOGIES AND LOGISTICS LLC SERVICE DOES NOT SUPPORT TRADITIONAL 911 OR E911. AURA TECHNOLOGIES AND LOGISTICS LLC. 911 DIALING CANNOT BE USED IN CONJUNCTION WITH A SOFT PHONE APPLICATION AND IS ONLY AVAILABLE AURA TECHNOLOGIES AND LOGISTICS LLC. PROVIDED DEVICES OR EQUIPMENT. YOU AGREE TO INFORM ANY HOUSEHOLD RESIDENTS, GUESTS AND OTHER THIRD PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF THE NON-AVAILABILITY OF TRADITIONAL 911 OR E911 DIALING FROM YOUR AURA TECHNOLOGIES AND LOGISTICS LLC. SERVICE AND DEVICE(S) AND TO INFORM THEM OF THE IMPORTANT DIFFERENCES AND LIMITATIONS OF AURA TECHNOLOGIES AND LOGISTICS LLC. 911 DIALING SERVICE AS COMPARED WITH TRADITIONAL 911 OR E911 DIALING THAT ARE SET FORTH IN THIS AGREEMENT. 911 CALLS ARE ROUTED TO THE (SAN JOSE, CA) PSP CENTRAL OFFICE.

911-TYPE DIALING CAPABILITIES WITH AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE SERVICE

WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING AURA

TECHNOLOGIES AND LOGISTICS LLC VOICE SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER MAY BE LOCATED AT A PUBLIC SAFETY ANSWERING POINT (PSAP) DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE OR OTHER BACK-UP EMERGENCY ANSWERING SERVICESAURA TECHNOLOGIES AND LOGISTICS LLC. RELIES ON THIRD PARTIES FOR THE FORWARDING OF INFORMATION UNDERLYING SUCH ROUTING, AND ACCORDINGLY AURA TECHNOLOGIES AND LOGISTICS LLC. AND ITS THIRD PARTY PROVIDER(S) DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH INFORMATION OR ROUTING IS INCORRECT. IN ADDITION, AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE 911 SERVICE HAS FEWER CAPABILITIES THAN TRADITIONAL 911 OR E911 SERVICE AS FOLLOWS:
AURA TECHNOLOGIES AND LOGISTICS LLC. 911 EMERGENCY DIALING IS ONLY AVAILABLE AT THE PHYSICAL STREET ADDRESS REGISTERED WITH AURA TECHNOLOGIES AND LOGISTICS LLC FOR THE PARTICULAR AREA CODE AND PHONE NUMBER. You acknowledge and agree that 911-type Services shall only be available at the Physical street address associated with the particular Area Code and Phone Number assigned to you. You further acknowledge and agree that 911-type Services will not be available to a particular customer and neither Aura Technologies and Logistics LLC. nor its underlying service providers shall have any liability to you or any third party for failure to provide 911 Services to you in the event of the assignment of a Area Code and Phone Number to you located outside of the Exchange Area associated with your physical street address or relocation of the telephone device to which an Area Code and Phone Number has been assigned to a location other than your physical street address as registered with Aura Technologies and Logistics LLC.

FAILURE TO DESIGNATE THE CORRECT PHYSICAL STREET ADDRESS
IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL CURRENT AND CORRECT PHYSICAL STREET ADDRESS LOCATION WHERE YOUR AURA TECHNOLOGIES AND LOGISTICS LLC EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. When activating Service you must provide the actual physical street address where the Device will be located, not a post office box, mail drop or similar address. You acknowledge and understand that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your Aura Technologies and Logistics LLC Device to a different street address. Any change of the devices physical address must be coordinated with Aura Technologies and Logistics LLC for the service and 911 to work properly.

AUTOMATED NUMBER & LOCATION IDENTIFICATION

THE PSAP RECEIVING AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE 911 EMERGENCY SERVICE CALLS MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATIONAura Technologies and Logistics LLC’s system is configured in most instances to send the automated number identification information and to transmit identification of the address that you have registered with Aura Technologies and Logistics LLC. to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911; however, one or more telephone companies, not Aura Technologies and Logistics LLC, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number and location in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

POWER FAILURE, OUTAGES OR DISRUPTIONS OF SERVICE

YOU ACKNOWLEDGE AND ACCEPT THAT AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE 911 SERVICE WILL NOT FUNCTION IF YOUR ATA FAILS OR IS NOT CONFIGURED CORRECTLY OR IF YOUR AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION INCLUDING SUSPENSION OR TERMINATION OF SERVICE BY YOUR BROADBAND PROVIDER AND/OR ISP OR BY AURA TECHNOLOGIES AND LOGISTICS LLC. FOR ANY REASON INCLUDING BILLING ISSUES OR FOR OTHER REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT. IF THERE IS A POWER OUTAGE THE SERVICE AND 911 DIALING WILL NOT FUNCTION UNTIL POWER IS RESTORED AND YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE AURA TECHNOLOGIES AND LOGISTICS LLC EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE SERVICE, INCLUDING FOR 911 PURPOSES.

POSSIBILITY OF NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING OR ANSWERING 911
YOU ACKNOWLEDGE AND UNDERSTAND THAT FOR TECHNICAL REASONS ASSOCIATED WITH THE POSSIBILITY OF NETWORK CONGESTION, WITH AURA TECHNOLOGIES AND LOGISTICS LLC. VOICE SERVICE THERE IS A GREATER POSSIBILITY THAT YOUR 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER, AS COMPARED TO TRADITIONAL 911 CALLS OVER TRADITIONAL PUBLIC TELEPHONE NETWORKS. You acknowledge and accept that Aura Technologies and Logistics LLC relies on third parties for the forwarding of information underlying such routing, and accordingly Aura Technologies and Logistics LLC and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect.

LIMITATION OF LIABILITY AND INDEMNIFICATION

AS DESCRIBED HEREIN, THIS 911-TYPE DIALING CURRENTLY IS NOT THE SAME AS TRADITIONAL 911 OR E911 DIALING, AND AT THIS TIME, DOES NOT NECESSARILY INCLUDE ALL OF THE CAPABILITIES OF TRADITIONAL 911 DIALING. YOU ACKNOWLEDGE AND UNDERSTAND SUCH LIMITATIONS AND AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS AURA TECHNOLOGIES AND LOGISTICS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER OF ITS UNDERLYING PROVIDERS, SERVICE PROVIDERS OR OTHER THIRD PARTY PROVIDERS WHO FURNISH SERVICES TO YOU OR AURA TECHNOLOGIES AND LOGISTICS LLC IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE RELATING TO OR ARISING OUT OF THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 DIALING AND/OR INABILITY OF YOU OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL AND/OR MISROUTES OF 911 CALLS, INCLUDING BUT NOT LIMITED TO MISROUTES RESULTING FROM YOUR PROVISION AURA TECHNOLOGIES AND LOGISTICS LLC OF INCORRECT ADDRESS INFORMATION IN CONNECTION THEREWITH. FURTHER, YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION RESULTING FROM THE FOREGOING EVENTS OR CONDITIONS UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, GROSS RECKLESSNESS, OR INTENTIONAL GROSS MISCONDUCT ON THE PART OF AURA TECHNOLOGIES AND LOGISTICS LLC.

Privacy and Security

Voice over IP communication utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that Aura Technologies and Logistics LLC cannot guarantee that voice over IP communication is private or secure. Aura Technologies and Logistics LLC is not liable for any lack of privacy or security that you may experience with regard to the Service. You are responsible for taking precautions and providing security that best suits your intended use of the Service.

Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension is out of Aura Technologies and Logistics LLC control.

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may or may not be provided by Aura Technologies and Logistics LLC) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider (“ISP”) and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Aura Technologies and Logistics LLC terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require you to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature. Should Aura Technologies and Logistics LLC suspend or terminate your Service, the Service will not function until such time as Aura Technologies and Logistics LLC restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).