Terms & Conditions

Last Updated: April 22, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER (INCLUDING A PRE-ORDER).

 

1. Introduction

Welcome to Five Rivers Brands LLC (“auli”, “auliair”,"Company," "we," "us," "our"). These Terms and Conditions ("Terms," "Terms of Service," "Agreement") govern your access to and use of the website www.auliair.com (the "Site"), including any content, functionality, and services offered on or through the Site, and your purchase of products offered by the Company, specifically auli air purifier and floor lamp, filters, bulbs, remotes ("Products").1 The Company is based in Marina Del Rey, California, USA.

These Terms constitute a legally binding contract between you ("you," "customer," "user") and the Company.4 By accessing the Site, browsing, creating an account, placing an order (including a pre-order), or using any services provided by the Company, you signify that you have read, understood, and agree to be bound by these Terms in their entirety.6 If you do not agree to these Terms, you must not access or use the Site or purchase Products.

These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.11

 

2. Acceptance of Terms

Your use of the Site, creation of an account, or placement of an order signifies your acceptance of these Terms.1

Clickwrap Agreement: Before you can complete an account registration or place an order (including a pre-order), you will be required to affirmatively agree to these Terms by clicking a checkbox or button explicitly stating your acceptance (e.g., "I have read and agree to the Terms and Conditions"). This action constitutes your electronic signature and agreement to be bound by this Agreement.1 The hyperlink to the full Terms and Conditions will be provided clearly and conspicuously near the acceptance checkbox or button.12

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website.11 It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.11 Any disputes arising under the Terms will be resolved according to the version of the Terms in effect at the time the dispute arose.7

 

3. User Eligibility and Account Management

Eligibility: To create an account or place an order on the Site, you must be at least 18 years of age or the age of legal majority in your jurisdiction. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

Account Information: You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form and during the checkout process. You agree to promptly update your account and other information, including your email address and payment details, as necessary to ensure it remains accurate and complete.

Account Security: You are responsible for maintaining the confidentiality of your account password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Right to Refuse Service: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests or violates these Terms.

 

4. Website Use: Permitted Activities and Prohibited Conduct

Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of the Site and its content solely for the purposes of learning about, evaluating, and purchasing our Products.

Prohibited Conduct: You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by the Company. You agree not to:

  • Violate any local, state, national, or international law or regulation.

  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  • Transmit any worms, viruses, malware, or any code of a destructive nature.

  • Engage in spamming, "junk mail," "chain letters," or harvesting user information.

  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, fraudulent, obscene, harassing, abusive, hateful, or otherwise objectionable.

  • Impersonate any person or entity, falsely claim an affiliation, or access accounts of others without permission.

  • Attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site.

  • Interfere with the proper working of the Site, including using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission, or imposing an unreasonable load on our infrastructure.

  • Copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally and ordinarily permitted through the Site according to these Terms, without our prior written consent.

  • Use any Site content (text, images, data, logos, designs) for any commercial purpose, including resale, without our express written permission

 

5. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all trademarks, patents, service marks, trade names, logos, and product designs associated with the Company (collectively, the "Content and Marks") are owned by Five Rivers Brands LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The "auli" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such Marks without the prior written permission of the Company.

Except for the limited license granted in Section 4, you are prohibited from copying, reproducing, modifying, distributing, transmitting, displaying, performing, publishing, licensing, creating derivative works from, transferring, or selling any Content and Marks without the prior written consent of Five Rivers Brands LLC. You agree not to remove or alter any copyright, trademark, or other proprietary notices incorporated in or accompanying the Site or its content.

 

6. Product Information, Availability, and Pricing

Product Information: We strive to be as accurate as possible in the descriptions and images of our Products. However, we do not warrant that Product descriptions, images, specifications, pricing, or other content on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Product images are for illustrative purposes; actual Products may vary slightly.

Availability: All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Product at any time for any reason. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products that we offer.

Pricing: Prices for our Products are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are quoted in U.S. Dollars (USD).

California Pricing Transparency (SB 478): In compliance with California law, the price displayed for each Product represents the full price you are required to pay for the Product itself. This price includes all mandatory fees or charges imposed by auli. Applicable government-imposed taxes (e.g., sales tax) and reasonable shipping costs are excluded from the initially displayed price and will be calculated and shown separately during the checkout process before you complete your purchase. We do not engage in "drip pricing" by adding undisclosed mandatory fees later in the transaction.

Order Acceptance/Cancellation: We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance systems. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. If we cancel your order after your payment has been processed, we will issue a full refund to the original payment method. An order confirmation email does not guarantee acceptance of an order; it confirms that we have received your order request. Acceptance occurs upon shipment or explicit confirmation thereof.

 

7. Product-Specific Disclaimers and Usage Guidelines

A. Air Purifiers

  • Effectiveness Disclaimer: auli air purifiers are designed to help reduce certain airborne contaminants within a specified room size under controlled conditions. However, we do not warrant or guarantee the complete removal or elimination of all airborne particles, allergens, viruses, bacteria, mold spores, odors, or volatile organic compounds (VOCs). Actual performance and effectiveness can vary significantly based on numerous factors, including the specific type and concentration of contaminants, room size and layout, air exchange rate, humidity levels, usage patterns, filter condition, and overall environmental conditions. Any performance metrics (like CADR, if provided) are based on specific testing protocols and may not reflect real-world performance in all environments. Reliance on the product for specific purification outcomes is at the user's own risk.

  • Health Information Disclaimer: auli AIR PURIFIERS ARE NOT MEDICAL DEVICES. They are not intended to diagnose, treat, cure, mitigate, or prevent any disease, illness, or health condition. The information provided on the Site or related to the Products is for informational purposes only and should not be considered medical advice or a substitute for consultation with, or treatment by, qualified healthcare professionals. Consult your physician or other qualified health provider with any questions you may have regarding a medical condition or health objectives. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site or learned about our Products. Reliance on any information provided by Five Rivers Brands LLC, its employees, or appearing on the Site is solely at your own risk.

  • Filter Maintenance: Proper maintenance, including timely filter replacement according to the schedule provided in the Product manual, is essential for the optimal performance of your auli air purifier. Failure to replace filters as recommended will significantly reduce the purifier's effectiveness and may void the Product warranty. You are solely responsible for performing recommended maintenance.

B. Floor Lamps

  • Electrical Safety Warnings: To reduce the risk of fire, electric shock, or injury, please adhere to the following safety precautions 17:

    • Bulb Wattage: Use only the type and wattage of bulb specified for this lamp. NEVER exceed the maximum wattage rating indicated on the lamp or in the manual. Using a higher wattage bulb can cause overheating and create a fire hazard.

    • Flammable Materials: Keep the lamp and its cord away from flammable materials such as curtains, bedding, paper, clothing, and furniture.

    • Stability: Place the lamp on a flat, stable, and level surface where it is unlikely to be tipped over, especially in households with children or pets.

    • Cord Safety: Arrange the power cord so it does not create a tripping hazard. Do not run the cord under rugs or carpets, or place furniture on top of it. Regularly inspect the cord and plug for damage (fraying, cracking, melting, burn marks). If the cord or plug is damaged, discontinue use immediately and contact a qualified electrician or auli Customer Service.

    • Environment: Use the lamp indoors in dry locations only, unless explicitly rated for outdoor or damp conditions.

    • Bulb Replacement: Always turn off the lamp and unplug it from the electrical outlet before changing the light bulb. Allow the bulb to cool completely before handling.

    • Electric Shock Hazard: Do not use the lamp if the cord, plug, or any part of the lamp housing is damaged. Do not attempt repairs yourself. Ensure the plug fits securely into the outlet.

  • Assembly: If assembly is required, follow the provided instructions carefully and completely. auli is not liable for any damage or injury resulting from improper assembly, modification, or misuse of the Product.

  • Intended Use: auli floor lamps are designed for general indoor ambient or task lighting only. They are not intended or warranted for specialized uses (e.g., plant cultivation, medical therapy, heat lamps) unless explicitly stated otherwise.

 

8. Payment Processing and Terms

Payment Methods: We accept payment via major credit cards (Visa, MasterCard, American Express) and potentially other methods as indicated at checkout (e.g., PayPal, Apple Pay). Payment must be received and authorized by us or our payment processor before we accept an order.

Third-Party Payment Processor: We use a third-party payment processor (e.g., Shopify Payments) to handle payment transactions securely. Your submission of payment information constitutes your agreement to that processor's terms and conditions and privacy policy, in addition to these Terms. We do not store your full credit card details on our servers.

Authorization: By providing payment information, you represent and warrant that the information is true, correct, and complete; you are duly authorized to use the designated payment method for the purchase; charges incurred by you will be honored by your payment card issuer; and you will pay charges incurred by you at the prices in effect, including shipping and handling charges and all applicable taxes. You authorize us (and our payment processor) to charge your designated payment method for the total amount of your order.

Sales Tax: Applicable sales tax will be calculated based on the shipping address and added to your order total during checkout. You are responsible for all such taxes. We are required to collect sales tax in California and other states where we have a legal obligation to do so.

 

9. Pre-Order Specific Terms and Conditions

THIS SECTION APPLIES SPECIFICALLY TO ORDERS PLACED FOR PRODUCTS IDENTIFIED AS "PRE-ORDER" ON THE SITE.

Pre-Order Offer and Acceptance: Placing a pre-order constitutes your offer to purchase the specified Product(s) under these Terms, which is subject to our acceptance. We reserve the right to accept or reject any pre-order in our sole discretion, for reasons including but not limited to product availability, payment verification issues, suspected fraud, or potential oversubscription. Acceptance of your pre-order typically occurs when we send you an order confirmation email, but final acceptance is conditional upon our ability to fulfill the order. If we reject or cannot fulfill your pre-order, we will notify you and promptly issue a full refund of any payment collected.

Payment for Pre-Orders: Your designated payment method will be charged the full purchase price of the Product(s), plus any applicable taxes and estimated shipping fees, at the time you place your pre-order.11 By placing a pre-order, you expressly agree to this immediate charge.

Estimated Delivery Timeline and Delays (FTC Compliance):

  • Target Shipment Date: We are currently targeting January 2025 as the estimated timeframe for shipping pre-orders.

  • Estimate Disclaimer: THIS IS AN ESTIMATE ONLY. This target date is based on information currently available to us but is subject to change without prior notice due to various factors beyond our reasonable control, including, but not limited to, manufacturing delays or difficulties, supply chain disruptions, component shortages, quality control issues, logistics challenges, or higher-than-anticipated demand. We make no guarantee that Products will ship by the estimated date. We will strive to maintain a reasonable basis for our shipment estimates as required by the FTC Mail, Internet, or Telephone Order Merchandise Rule.

  • Delay Notification Process (FTC Mail Order Rule): If we determine that we cannot ship your pre-ordered Product(s) by the originally estimated date (or within 30 days of order receipt if no date was provided, although we aim to provide estimates), we will notify you via email or other reasonable means before the original estimated shipping deadline passes, in compliance with the FTC Mail Order Rule (16 C.F.R. § 435).

    • Notice Content: This delay notice will provide a definite revised shipping date if we have a reasonable basis for one. If we cannot provide a definite revised date, the notice will state that the delay is indefinite and explain the reason(s) for the delay.

    • Your Options: The notice will clearly offer you the option to either: (1) Consent to the delay (to the revised date or the indefinite delay), OR (2) Cancel your pre-order and receive a full and prompt refund.52 The notice will explain how to exercise these options (e.g., reply to the email by a specified deadline).

    • Consent Mechanism:

      • First Delay, 30 Days or Less: If this is the first delay notice for your order, and the revised shipping date (or the expected duration of an indefinite delay stated in the notice) is 30 days or less beyond the original estimate, we may treat your silence (failure to respond by the deadline specified in the notice) as consent to the delay, provided the notice clearly states this (e.g., "If we do not hear from you by [Date], we will assume you agree to this delay.").

      • Longer Delays, Indefinite Delays, or Subsequent Delays: For any delay longer than 30 days, any indefinite delay (even if you initially consent), or any second or subsequent delay notice for the same order, we must obtain your explicit, affirmative consent to the delay (e.g., you must reply confirming your agreement). If you do not provide affirmative consent by the deadline specified in the notice (which will be before the previously promised shipping date expires), your pre-order will be automatically cancelled, and we will issue a prompt refund.

    • Prompt Refund: If you choose to cancel, or if your order is automatically cancelled due to lack of required consent, we will process a full refund to your original payment method promptly, generally within seven (7) business days after your right to cancel arises.

Customer Cancellation of Pre-Orders: You may cancel your pre-order for any reason and receive a full refund by contacting our Customer Service (see Section 18) at any time before we send you a shipping confirmation notice for your order. If you consent to an indefinite delay, you retain the right to cancel at any time before the Product ships.

Company Cancellation of Pre-Orders: We reserve the right to cancel your accepted pre-order if unforeseen circumstances arise that prevent us from fulfilling it (e.g., significant manufacturing failures, inability to source critical components, product safety issues). If we cancel your pre-order under such circumstances, we will notify you promptly and issue a full refund.

 

10. Standard Order Fulfillment (Post-Pre-Order)

Once Products are in stock and available for regular purchase (outside of the pre-order phase), the following general process applies: After you place an order and payment is authorized, you will receive an order confirmation email. Orders typically undergo processing (e.g., verification, packing) within a standard timeframe (e.g., 1-5 business days, subject to change). Once your order ships, you will receive a shipment confirmation email containing tracking information.

 

11. Shipping and Delivery Policy

Shipping Methods, Times, and Costs: We will ship Products using standard carriers (e.g., UPS, FedEx, USPS). Estimated delivery times after shipment (e.g., 3-7 business days for standard ground within the contiguous US) and shipping costs will be presented during the checkout process. Expedited shipping options may be available at additional cost.

Shipping Area: We currently ship only to addresses within the 50 United States. We cannot ship to P.O. Boxes, APO/FPO addresses, or international destinations.22 Shipments to Alaska and Hawaii may incur additional charges and longer delivery times.22

Risk of Loss and Title: Title to the Products and the risk of loss or damage passes to you upon our delivery of the Products to the shipping carrier.15 We are not responsible for Products lost or damaged in transit, although we may assist you in filing a claim with the carrier.

Delivery Delays: Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in shipments caused by the carrier, weather conditions, natural disasters, pandemics, labor disputes, customs delays, or other events beyond our reasonable control.

FTC Rule (Standard Orders): For standard, in-stock orders where no specific shipment time frame is promised at the time of sale, we must have a reasonable basis to expect shipment within 30 days of receiving a properly completed order. If we cannot meet this timeframe, we will notify you of the delay and your options (consent or cancel for refund) as required by the FTC Mail Order Rule.

 

12. Returns, Refunds, and Exchanges Policy

We want you to be satisfied with your purchase. Please review our return policy carefully.

Return Window: You may initiate a return for a refund for most Products within 30 days of the date the Product was delivered to you.

Return Conditions: To be eligible for a return and refund, the Product must be:

  • In "as-new," unused, and undamaged condition.

  • Returned in its original packaging, including all accessories, manuals, and parts originally included.

  • Accompanied by proof of purchase (e.g., order number, receipt).

  • For Air Purifiers: Any included filters must be returned unopened in their original sealed packaging to be eligible for a refund. Opened or used filters are non-refundable.

Return Process:

  1. Contact Customer Service: Within the 30-day return window, contact auli Customer Service (see Section 18) to request a return.

  2. Obtain RMA: We will provide you with a Return Merchandise Authorization (RMA) number and return shipping instructions. Returns sent without a valid RMA number may be refused. The RMA number is typically valid for 15-30 days.

  3. Package and Ship: Securely package the Product in its original packaging. Include all accessories and proof of purchase. Attach the provided return shipping label (if applicable) and ensure the RMA number is clearly marked as instructed.

  4. Return Shipping Costs: You (the customer) is responsible for the costs of return shipping, unless the return is due to our error (e.g., damaged, defective, or incorrect item shipped). We recommend using a trackable shipping method and insuring the package, as we are not responsible for items lost or damaged during return transit.

Refund Details: Once we receive the returned Product and inspect it to confirm it meets the return conditions, we will process your refund. Please allow approximately 7-14 business days after our receipt of the return for the refund to be processed. The refund will be issued to the original payment method used for the purchase. Original shipping charges paid by you are non-refundable, except in cases of our error.

Non-Returnable Items: Items marked as "Final Sale," refurbished products (unless defective under warranty), gift cards, and opened/used air purifier filters are generally not eligible for return or refund.

Exchanges: We do not currently offer direct exchanges. If you wish to exchange a Product, please return the original item according to the policy above and place a new order for the desired item.

Damaged or Incorrect Items: If you receive a Product that is damaged during shipping or is not the item you ordered, please contact Customer Service immediately (within 48 hours of delivery if possible). We will arrange for the return of the damaged/incorrect item at our expense and send a replacement or issue a full refund, including original shipping costs. Please retain all packaging materials for inspection purposes.

 

13. Product Warranty Provisions

auli provides the following Limited Warranty for its Products. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Scope of Limited Warranty: auli warrants that the Products will be free from defects in materials and workmanship under normal use for the duration of the Warranty Period (defined below).

Warranty Period: The Warranty Period for auli Products is one (1) year.

Warranty Commencement: The Warranty Period begins on the date of purchase, unless the Product is pre ordered. For pre ordered Products, the Warranty Period begins on the date the Product is delivered to the original purchaser.

Warranty Exclusions: This Limited Warranty does not cover:

  • Normal wear and tear.

  • Cosmetic damage (e.g., scratches, dents) that does not affect the Product's functionality.

  • Damage resulting from accidents, misuse, abuse, neglect, improper handling, or dropping.

  • Damage caused by failure to follow operating instructions, warnings, or recommended maintenance procedures outlined in the Product manual, including failure to replace air purifier filters as required.

  • Damage caused by unauthorized repairs, modifications, disassembly, or tampering.

  • Damage caused by external factors such as power surges, incorrect voltage supply, liquid spills (for non-waterproof items), fire, flood, acts of God, or extreme environmental conditions.

  • Products used for commercial, rental, or any purpose other than normal household use.

  • Consumable parts, such as replacement filters (unless defective upon arrival).

  • Products purchased from unauthorized resellers or where the serial number has been removed or defaced.

Warranty Claim Procedure: To make a warranty claim:

  1. Contact auli Customer Service (see Section 18) within the Warranty Period.

  2. Provide proof of purchase (e.g., order number, dated receipt) showing you are the original purchaser and the date of delivery.

  3. Describe the alleged defect clearly. You may be asked to provide photos/videos or cooperate with troubleshooting steps.

  4. If a return is deemed necessary, we will issue an RMA number and provide instructions for returning the defective Product.

  5. Warranty Shipping Costs: For valid warranty claims within the United States, we will typically provide a pre-paid shipping label for the return of the defective unit and will cover the cost of shipping the repaired or replacement unit back to you.

Warranty Remedies: If the Company determines, in its reasonable discretion, that the Product is defective and covered by this Limited Warranty, the Company will, at its sole option and expense:

  • Repair the defective Product; OR

  • Replace the defective Product with an identical or reasonably equivalent Product (which may be new or refurbished); OR

  • Refund the original purchase price paid for the defective Product (less depreciation based on use, if applicable by law). A repaired or replacement Product will be warranted for the remainder of the original Warranty Period or 30 days, whichever is longer.

Non-Transferability: This Limited Warranty applies only to the original purchaser of the Product and is non-transferable.31 The warranty is void if the Product is resold.

 

14. Limitation of Liability and Disclaimer of Warranties

Disclaimer of Implied Warranties: EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 13, THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.6 WE MAKE NO WARRANTY THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

Exclusion of Certain Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR PRODUCTS, OR ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS.

Cap on Direct Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Basis of the Bargain: The limitations of damages set forth above are fundamental elements of the basis of the bargain between auli and you.

Jurisdictional Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PRODUCTS, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND PRODUCTS (EXCEPT AS MAY BE PROVIDED UNDER THE LIMITED WARRANTY).

 

15. Indemnification

You agree to indemnify, defend, and hold harmless Five Rivers Brands LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Site or Products, or your violation of any law or the rights of a third party (including, without limitation, intellectual property infringement).

 

16. Links to Third-Party Websites

The Site may contain links to other websites or resources provided by third parties (e.g., social media platforms, payment processors). These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

 

17. Privacy Policy

Your privacy is important to us. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please review our Privacy Policy, which is incorporated into these Terms by reference, to understand our practices regarding the collection and use of your personal information. A link to the Privacy Policy can be found in the Site footer. If you are a California resident, the Privacy Policy provides important information about your rights under the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA).

 

18. Contact Information

If you have any questions about these Terms, our Products, your order, or need other assistance, please contact auli Customer Service at:

Email: hello@auliair.com

Mailing Address: 14000 Marquesas Way, 1512, Marina Del Rey, CA - 90292


19. Modifications to the Terms

We reserve the right, in our sole discretion, to modify, amend, or update these Terms at any time. We will notify you of any material changes by posting the new Terms on the Site and updating the "Last Updated" date at the top of these Terms. Your continued use of the Site or purchase of Products after the effective date of the revised Terms constitutes your acceptance of the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

20. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution: Binding Arbitration and Class Action Waiver:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  • Agreement to Arbitrate: You and auli agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site or Products (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and auli agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and auli are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

  • Exceptions: As limited exceptions to the agreement to arbitrate: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

  • Arbitration Procedure: The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and notify the other party as specified in the AAA Rules. The arbitration will be conducted in Los Angeles County, California, unless you and Five Rivers Brands LLC agree otherwise.

  • Class Action Waiver: YOU AND  Five Rivers Brands LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

  • Arbitration Opt-Out: You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending a written notice of your decision to opt out to Five Rivers Brands LLC at the contact address provided in Section 18, specifying your name and email address associated with your account (if any) and stating your intent to opt out of the arbitration agreement.15 If you opt out, all other parts of these Terms will continue to apply. If you do not opt out, you will be bound by this arbitration agreement.

  • Venue for Non-Arbitrable Disputes: If the arbitration provisions are found not to apply to you or to a particular Dispute, you agree that any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles.15 You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.13

 

21. Miscellaneous

Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any specific terms related to your purchase (like the order confirmation), constitute the sole and entire agreement between you and Five Rivers Brands LLC regarding the Site and Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Products.21

Waiver: No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. We may assign our rights or delegate our obligations under these Terms without restriction.

Headings: The section headings used herein are for convenience only and shall not be given any legal import.