Last Updated: April 29th, 2021
Please read these Terms carefully before using this Site.
The terms “we,” “us” and “our” refer to Aterian and any of its affiliated companies. “You” or “User” refers to any person accessing and/or using the Site.
We reserve the right to amend or otherwise modify these Terms at any time. Your continued use of the Site will signify your acceptance of the revised Terms. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Aterian may, in its sole discretion, and at any time, discontinue this Site or any part thereof or may prevent your access to or use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Aterian will have no liability to you if this Site is discontinued or your ability to access or use the Site is terminated.
Unless where otherwise specified or clearly recognizable, all Content available on this Site that is provided by Aterian or its licensors, including, but not limited to certain graphics, images, text, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Aterian Content”) is the property of Aterian and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any Aterian Content.
You agree not to collect, download, display or use any Aterian Content located on the Site for any purpose, in connection with products or services that are not those of Aterian, in any other manner that is not necessary or implicit in the proper use of the Site, that disparages or discredits Aterian and/or its licensors, or that infringes Aterian’s or its licensors’ intellectual property rights. In particular, but without limitation, you may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Site, nor allow any third party to do so through you or their device, even without you knowledge. You further agree to in no other way misuse any Aterian Content that appears on this Site.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
User Code of Conduct on Site
This Site may only be used within the scope of what it is provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Site violates no applicable law, regulations or third-party rights. From time to time on certain areas of our Site you may be able to submit personal information (“User Content”). By using these features, you agree that you will not submit any content that violates laws, regulations, and/or these Terms, infringes any third-party rights, including, but not limited to privacy or publicity of another individual or entity, considerably impairs Aterian’s legitimate interests or adversely affects the operation of the Site, or offends Aterian or any third-party (including, but not limited to information that is, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined solely by Aterian).
Aterian may remove and delete all User Content associated with you, without notice, if Aterian deems that you have violated these Terms, the law, or for any other reason. Aterian assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site.
By publishing or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to Aterian a non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty free license to use, publish, reproduce, and distribute such User Content for the purposes of conducting Aterian’s business. You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted by you on the Site and otherwise have the right to grant the license set forth herein, and the using, publishing or distributing of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Aterian reserves the right, but not the obligation, to remove or to refuse to post anything that we, in our sole discretion, view to be in violation of these Terms, the law, or is otherwise inappropriate. Aterian does not consistently monitor any materials posted, transmitted, or communicated to or within the Site.
You agree to indemnify and hold Aterian, its parents, subsidiaries, officers, and employees harmless from any and all claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or which arises from the use of any content including User Content that you submitted or otherwise provided to Aterian or this Site.
If the User Content is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, additional terms may apply.
Use of the Site
The following requirements apply to your use of the Site: (a) you will not upload, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (b) you will not collect or store personal data about other users you may obtain access to, lawfully or unlawfully, through your access to or use of the Site; (c) you will not use the Site for any commercial purpose not expressly approved by Aterian in writing; (d) you will not submit, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication to or through this Site; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment on this Site.
Violation of these Terms
Aterian may disclose any information we have about you (including your identity) if we determine, in our sole discretion, that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Aterian’s rights or property, or the rights or property of visitors to or users of the Site, including Aterian’s customers. Aterian reserves the right at all times to disclose any information that Aterian deems necessary to comply with any applicable law, regulation, legal process or governmental request. Aterian also reserves the right to disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Aterian may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of or access to the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Aterian, for which monetary damages would be inadequate, and you consent to Aterian obtaining any injunctive or equitable relief that Aterian deems necessary or appropriate. These remedies are in addition to any other remedies Aterian may have at law or in equity.
Notice and Procedure for Making Claims of Copyright Infringement
We ask our users to respect the intellectual property of others. The Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information at the email address provided below:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work or other intellectual property that you allege has been infringed;
(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it (including a specific link/URL where possible;
(d) your contact information, including your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury that the above information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice to Aterian and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our dedicated agent for notice of claims of copyright or other intellectual property infringement can be reached at the following address: email@example.com.
We suggest that you consult an attorney before filing a notice with our copyright agent. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Site or making submissions.
Representations and Limitations of Liability
Use of the Site is at the Users’ own risk. To the maximum extent permitted by the applicable law, Aterian makes no representations about the reliability of the features of this Site, the Aterian Content, User Content, or any other Site feature, and disclaims all liability in the event the Site becomes inaccessible or loses proper functionality with Users’ web browser, mobile device, and/or operating system . Aterian cannot be held liable for any perceived or actual damages arising from Aterian Content, operation, or use of the Site.
You acknowledge that Aterian does not maintain or imply any sort of relationship with a third-party business by use of their logo(s) and/or brand name(s) on the Site (the “Logos”). Such use and posting of the Logos is solely for visual representation of those products and services. You acknowledge that any reliance on such material or systems will be at your own risk. Aterian makes no representations regarding the amount of time that any Aterian Content will be preserved.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATERIAN EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ATERIAN (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ATERIAN SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ATERIAN’S REASONABLE CONTROL. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ATERIAN OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ATERIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. THESE TERMS GIVE USERS SPECIFIC LEGAL RIGHTS, AND USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
If the foregoing limitation of liability is held to be unenforceable, Aterian’s maximum liability to you shall not exceed the amount paid by you for the products or services you have ordered through the Site.
Applicable Law and Jurisdiction
Mandatory Arbitration on Non-Class Basis
In resolving a claim for arbitration, the arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis as set forth in these Terms), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Further, any disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Both the user and Aterian acknowledge and agree that no partnership is formed and neither of the user nor Aterian has the power or the authority to obligate or bind the other.
The failure of Aterian to comply with these Terms for any other reason beyond the reasonable control of Aterian, shall not be deemed a breach of these Terms. If Aterian fails to act with respect to your breach or anyone else’s breach on any occasion, Aterian is not waiving its right to act with respect to future or similar breaches.
In the event any provision of these Terms is for any reason held to be or becomes invalid or unenforceable, the validity of the remaining provisions hereof shall not be affected or impaired thereby.
These Terms constitute the entire binding agreement between you and Aterian regarding the use of the Site, and are accepted by you upon your use of the Site. By using the Site you represent that you are the age of majority in your jurisdiction, are capable of entering into a binding agreement, and that you agree to be bound by these Terms.