Terms of Service

Last updated: October 13, 2022

PLEASE READ THESE TERMS CAREFULLY!

These Terms of Service (the “Terms”) are a binding contract between you and ATRIUME, LLC (“ATRIUME”, “we”, “us”) that govern your use of our website, platform, and services (the “Services”). Your usage of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. If you do not agree to the Terms, you may not use the Services. These Terms include the provisions in this document and in the Privacy Policy.

The website located at atriume.com is a copyrighted work belonging to ATRIUME. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

1. Updates & Revisions

As we routinely make improvements to the Services, we may update these Terms from time to time and reserve the right to do so. We will announce when there are changes made to our Terms of Service through email, dashboard notification, and by placing a notice on our website. Using our Services after changes are made means you accept and agree to the new Terms.

2. Account Creation & Responsibilities

In order to use the Services, you will be asked to create an account and provide information about yourself and/or your company. You represent and warrant that:

(a) all required registration information you submit is truthful, accurate, and up-to-date;

(b) you will maintain the accuracy of such information.

You may delete your account at any time by following the instructions on the website. ATRIUME may suspend or terminate your account in accordance with Section 13 and reserves the right to do so.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from failure to comply with the above requirements.

3. Access & Restrictions

Subject to these Terms, ATRIUME grants you a non-transferable, non-exclusive, revocable, limited license to access the Services solely for your own internal or personal use. You will only use the Services in a manner that complies with any and all laws that apply to you. If your use of the Services is prohibited by applicable laws, you aren’t authorized to use the Services. We cannot and will not be responsible for your using the Services in any way that breaks the law.

The rights granted to you in these Terms are subject to the following restrictions:

(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise make the Services, or any of its content, whether in whole or in part, available to third parties;

(b) you shall not change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services;

(d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means unless otherwise indicated;

(e) you will not use the Services in a way that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

Any future release, update, or other addition to functionality of the Services is subject to these Terms. All copyright and other proprietary notices on the website must be retained on all copies thereof.

ATRIUME reserves the right to change, suspend, or cease operation of the Services with or without prior notice to you. You agree that we will not be held liable to you for any change, interruption, or termination of the Services or any of its features.

No Support or Maintenance
You agree that ATRIUME will have no obligation to provide you with any support in connection with the Services.

4. Licensing, User Content & Intellectual Property

Excluding any User Content that you may provide, you understand that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets within the Services and its content are owned by ATRIUME or ATRIUME’s suppliers. Please note that these Terms and access to the Services do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 3. ATRIUME and its suppliers reserve all rights not granted in these Terms.

User Content
“User Content” refers to any and all information and content that you, as a user, submit to the Services. This includes information you put on your user profile and messages sent via the Services.

You exclusively are responsible for your User Content and bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy in Section 5. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by ATRIUME.

Because you alone are responsible for your own User Content, you understand that you may expose yourself to liability. You also understand that ATRIUME is not obliged to backup any User Content that you post and that your User Content may be deleted at any time with or without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you want to be absolutely certain you’ll never lose it.

You hereby grant to ATRIUME an irreversible, nonexclusive, royalty-free, and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of providing, promoting, and improving the Services and including your User Content on the website. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

5. Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”. You represent and warrant that you shall not use the Services to collect, upload, transmit, display, or distribute any User Content that:

(a) violates any third-party right or any intellectual property or proprietary right;

(b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive;

(d) is harmful to minors in any way;

(e) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

(a) upload, transmit, or distribute to or through the Services any software intended to damage or alter a computer system or data;

(b) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;

(c) use the Services to harvest, collect, gather, or assemble information or data regarding other users without their consent;

(d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies, or procedures of such networks;

(e) attempt to gain unauthorized access to the Services, whether through password mining or any other means;

(f) harass or interfere with any other user’s use and enjoyment of the Services;

(g) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to the Services.

We reserve the right to review any and all User Content, and to investigate and/or take appropriate action against you at our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account in accordance with Section 13, and/or reporting you to law enforcement authorities.

If you provide ATRIUME with any feedback (“Feedback”) or suggestions regarding the Services, you hereby assign to ATRIUME all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

6. Fees & Payments

ATRIUME charges its sellers a flat 20% commission fee on all orders placed through ATRIUME and reserves the right to do so. By maintaining a seller account with ATRIUME and using the Services to sell your own products, you agree to pay all applicable fees.

ATRIUME uses a third-party payment processor (“Stripe”) to gather data from financial institutions. By using our Services, you give ATRIUME and Stripe permission to act on your behalf to access and transmit personal and financial information from the relevant financial institutions and agree to this information being transferred, stored, and processed by Stripe in accordance with the Stripe Services Agreement and Stripe Connected Account Agreement

You agree to pay us, through Stripe, all charges at the prices then in effect for any use of the Services or purchase made through the Services in accordance with the applicable payment terms, in full, at the time of purchase. You agree to make payment using the payment method you provide, in accordance with the terms of your financial institution.

We are not responsible for any error made by Stripe or your payment provider. We reserve the right to correct, or to instruct Stripe to correct, any errors or mistakes, even if the payment has already been requested or received.

7. Marketplace Transaction Terms

ATRIUME provides an exclusive platform and an all-in-one online resource for beauty professionals, salon/spa owners, and supply stores (“Buyers”) to shop our marketplace (“Marketplace”) and buy products & supplies at wholesale directly from beauty brands and vendors (“Sellers”) without going through a distributor. ATRIUME does not represent either the Buyer or the Seller in specific transactions.

If you wish to buy or sell products on the ATRIUME Marketplace, you are bound by the following terms.

Buyers
When making a purchase through the ATRIUME Marketplace, you agree that:

(a) you are responsible for reading and understanding an item’s full listing before committing to purchase, and understand the usual risks that come with purchasing products online that you may not be familiar with.
(b) ATRIUME is not liable to or responsible for the representation, quality, safety, lawfulness, or availability of the products offered for sale on the Marketplace or the ability of the Sellers to fulfill an order.
(c) you enter into a legally binding contract to pay for an item when you commit to making a purchase.
(d) you must have a valid business license or tax identification number if you conduct business in a state that collects sales tax. You agree to provide such information to us and/or the Seller upon registration and/or request.
(e) Sellers may refuse to fulfill any order for any reason at their sole discretion.

Sellers
When listing items on the Marketplace, you agree that:

(a) you are solely responsible for the truthfulness, accuracy, and content of your listings and the quality and availability of the items offered, including, but not limited to, the items product classification, dangerous goods declaration, weight, and dimensional information.
(b) you are solely responsible for the fulfillment and shipping of any orders you receive via the Marketplace. We cannot be responsible for any errors or damage made by the shipping company.
(c) you are solely responsible for any additional charges and/or fines incurred due to inaccurate or incomplete information.
(d) you must have a valid business license or tax identification number if you conduct business in a state that collects sales tax. You agree to provide such information to us and/or the Buyer upon registration and/or request.

ATRIUME cannot and will not be held liable for any loss or damage arising from failure to comply with the above requirements.

8. Return Policy

Items purchased through the Services may be returned within thirty (30) days of the original purchase date. Items must be unused, unopened, and in its original condition/packaging.

To return an item purchased through the Services, the Buyer must initiate a return request through the ATRIUME dashboard. Once the return request is approved, the Buyer must then purchase a shipping label and send the item(s) back to the Seller, who will issue a refund for the purchase price upon receiving the item(s). The Buyer is responsible for the cost of shipping and handling for returned items, except in the case of receiving a wrong or defective item.

If you’d like to return a wrong or defective item, you must reach out to the Seller directly in order to get a refund for shipping cost. The decision to refund return shipping costs is solely at the discretion of the Seller. ATRIUME does not handle, or get involved in, the shipping process of orders placed through the Services, and cannot be held liable to either the Buyer or the Seller for any costs related to a return.

9. Indemnification

You agree to indemnify and hold ATRIUME and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of:

(a) your use of the Services;

(b) your violation of these Terms;

(d) your User Content.

ATRIUME reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ATRIUME. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Third Party Links, Ads & Other Users

Third-Party Links & Ads
The Services may contain links to third-party websites and services, and/or display advertisements for third-parties. Such links and ads (“Third-Party Links & Ads”) are not under the control of ATRIUME, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including their privacy and data gathering practices.

Other Users
ATRIUME facilitates interactions between its Buyers and Sellers. Each user of the Services is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.

You understand that your interactions with other users are solely between you and such users, and you use User Content and interact with other users at your own risk. You are solely responsible for all of your communications and interactions with other users of the Services. You agree that ATRIUME will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Services, we are under no obligation to become involved.

You hereby release and forever discharge ATRIUME and its officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services.

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

11. Warranties & Disclaimers

The Services are provided on an “as-is” and “as available” basis, and ATRIUME and its suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We are not responsible for typographical errors or omissions related to pricing, text, or photography.

ATRIUME provides no warranties, product or otherwise, on any item offered or purchased through the Services. Any warranty offered by the Seller is solely at their discretion, and is subject to their terms and policies. ATRIUME is not a party to, or responsible for, any warranty agreements between Buyer and Seller.

Some jurisdictions do not allow the exclusion of implied warranties, or limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by law, in no event shall ATRIUME or its suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms, or your use of, or incapability to use, the Services even if we have been advised of the possibility of such damages. Access to and use of the Services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars ($50), or the amount paid by you to ATRIUME, whichever is less. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. Terms & Termination

Subject to this section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. ATRIUME will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after termination, the provisions of these Terms will remain in effect.

14. Copyright Policy

ATRIUME respects the intellectual property of others, and asks that users of the Services do the same. In connection with the Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on the Services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

To notify us of possible copyright infringement, please contact us at hello@atriume.com.

ATRIUME, LLC
5001 Hadley Road
South Plainfield, NJ 07080

15. Privacy Policy

ATRIUME takes the privacy of its users very seriously. Please review our Privacy Policy to learn more about how your private and personal information is used and shared, as well as the options you have regarding the use of your data and what we’re doing to protect it.

16. Appointment Policy

As part of the services offered by the Site, Atriume permits its Users to make appointments with businesses. In the event that a User elects to reserve an appointment with a business using the Site, the User covenants and agrees that he/she/it will arrive at the designated appointment. In the event that the User is unable to make the appointment after scheduling such, he/she/it agrees to cancel such appointment not less than twenty-four (24) hours in advance of the originally scheduled time. You acknowledge and agree that Atriume may suspend or terminate Your account in the event that You fail to appear at any scheduled appointment. You represent, covenant and agree further that You will not make any appointments at which You do not intend to appear and You covenant and agree further to refrain from any and all conduct which may be adverse to the interest of each of the businesses featured on the Site. Each User covenants and agrees to defend, indemnify and hold harmless Atriume from and against any and all conduct which may be adverse to any of the businesses soliciting appointments on the Site.

Contest is open to the United States, entrants must operate or own a salon business to be eligible to win.
Entrants who have create multiple email accounts purely for the purpose of entering Competitions or Sweepstakes will not be eligible to win.
Entrants must be able to receive prizes via email to be eligible to win.
Winners will be chosen on November 15th 2022 and messaged via email.
If contacted for clarifications or shipping address validation, winners will have 72 hours to claim their Prize before another is drawn.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.

18. Dispute Resolution

Please read the agreement (“Arbitration Agreement”) in this section carefully. It is part of your contract with ATRIUME and explains your rights regarding how you resolve disputes with ATRIUME, as well as procedures for MANDATORY Binding Arbitration.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms, or the use of any product or service provided by ATRIUME that cannot be resolved informally or in small claims court, shall be resolved by binding arbitration, on an individual basis, under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and ATRIUME, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to ATRIUME should be sent to: hello@atriume.com. After the Notice is received, you and ATRIUME may attempt to resolve the claim or dispute informally. If you and ATRIUME do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that ATRIUME made to you prior to the initiation of arbitration, ATRIUME will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder, including, without limitation, any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement and any claim that all or any part of this Arbitration Agreement is void or voidable. If arbitration is initiated, the arbitrator will decide the rights and liabilities of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ATRIUME.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and ATRIUME in any state or federal court, in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ATRIUME WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user or person.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential, and all parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ATRIUME, as well as expiration or termination of these Terms. It shall apply, without limitation, to any and all claims that arose or were asserted before these Terms came into effect, and to any prior version of these Terms.
Small Claims Court. Nonetheless the foregoing, either you or ATRIUME may bring an individual action in small claims court. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Nassau County, New York, for such purposes.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

ATRIUME may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from ATRIUME or its users, or any products utilizing such data, in violation of the United States export laws or regulations. You may not use, export, import, or transfer, or use the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.

We are located at the address in Section 14. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

19. Electronic Communications

The communications between you and ATRIUME use electronic means, whether you use the Services, or send us emails, or whether we post notices on our website or communicate with you via email. For contractual purposes, you:

(a) consent to receive communications from ATRIUME in an electronic form;

(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

20. Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to ATRIUME is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ATRIUME’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ATRIUME may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

21. Copyright & Trademark Info

Copyright © 2023. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

22. Contact Info