Terms of Use

1. AGREEMENT

These Terms of Use (these “Terms”) constitute a binding agreement between Aescape, Inc. (“Aescape”, “we”, “us”, or “our”) and the person (“you” or “your”) accessing https://www.aescape.com/ (including any successor site(s)) and/or Aescape’s mobile application(s) (collectively, the “Sites”). By accessing or using the Sites, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Sites.

You must be at least 18 years of age to use the Sites. We make no claims that the Sites or any content on the Sites is accessible or appropriate outside of the United States. If you access the Sites outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Your use of the Sites constitutes your acknowledgement that (a) the Sites, and the products and services offered by Aescape, are subject to the laws and regulations of the United States; and (b) you specifically waive any right to pursue claims that may arise under the laws of the nation in which you reside or the nation from which you access the Sites.

If you access or download the Sites from an app store, you hereby understand and agree that (1) these Terms are between you and Aescape (and the app store is not a party hereto); (2) the app store is not responsible for the Sites, any content, maintenance, or support thereof, any warranty therefor, or addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement); (3) you will comply with all applicable rules and terms imposed by the app store (and any other applicable third party terms); (4) the app store and its affiliates are third party beneficiaries of the relevant provisions of these Terms (with the right to enforce these Terms against you); and (5) in the event of any failure of the Sites to conform to any applicable warranty, you may notify the app store, and the app store will refund the purchase price for the Sites to you and to the maximum extent permitted by applicable federal, state, local, or international law or regulation (“Applicable Law”), the app store will have no other warranty obligation whatsoever with respect to the Sites.

2. UPDATES

We may update these Terms at any time in our sole discretion. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to such updates. It is your responsibility to visit this page from time to time to review any updates to our Terms. You can determine whether these Terms have been updated since your last visit to the Sites by referring to the “Last Updated” date at the top of this page.

We may change, suspend, or terminate the Sites at any time in our sole discretion. Content on the Sites may be out of date, and we are under no obligation to update such content.

3. PERMITTED USE

You may use the Sites solely for legitimate general information gathering and to learn about and register for our products and services. You may be required to create an account, specify a password, and provide certain information (name, contact information, etc.) in order to use some of the services or features on the Sites. You may also be required to agree to additional terms and conditions for the use of such services or features. We may close your account, or discontinue your access to any services or features, at any time for any or no reason.

4. PROHIBITED USE

You shall not use the Sites: (a) in any way that violates Applicable Law; (b) to engage in any conduct that restricts, interferes with, or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites, or expose them or us to liability; (c) to impersonate or attempt to impersonate Aescape, or any other person or entity; (d) to copy, modify, translate, or create derivative (or substantially similar) works; (e) for any competitive, commercial, unfair, discriminatory, or unauthorized purpose; (f) in any manner that could disable, overburden, damage, impair, or otherwise interfere with or disrupt the integrity or performance of the Sites; (g) with any robot, spider, or other automatic device, process, or means to access or scrape the Sites for any purpose, including monitoring or copying any of the content on the Sites; (h) to reverse engineer, decompile, disassemble, or otherwise attempt to discover or access the source code or underlying ideas or algorithms of the Sites; (i) to bypass or disable any security protections of the Sites or attempt to probe, scan, or test the vulnerability of the Sites; (j) to send altered, deceptive, or false source-identifying information; or (k) to attack the Sites via the use of harmful code of any kind, a denial-of-service attack, or otherwise attempt to interfere with the proper working of the Sites.

5. USER CONTENT

We may provide opportunities for you and other users of the Sites to post content (collectively “User Content”). All User Content must comply with these Terms and Applicable Law and must not be defamatory, offensive, harassing, infringing, or otherwise objectionable (as determined by Aescape in our sole discretion). By posting User Content, you (a) represent and warrant that you have the right to post such User Content; and (b) grant Aescape an irrevocable, worldwide, royalty-free, sublicensable, non-exclusive, perpetual license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any User Content for any lawful purpose, subject to Aescape’s privacy policy. We are not responsible for, and do not endorse, any User Content.

6. PRIVACY POLICY

You agree that all information you provide to Aescape through or in connection with the Sites is governed by Aescape’s privacy policy (available at: https://www.aescape.com/privacy, as may be amended from time to time), which is hereby incorporated by reference. You hereby agree to Aescape’s privacy policy.

7. FEEDBACK

You grant Aescape a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use any feedback provided by you related to the Sites or any of Aescape’s products or services.

8. DISCLAIMER OF WARRANTIES

THE SITES, INCLUDING THEIR CONTENT, ARE PROVIDED “AS IS AND AS AVAILABLE,” WITHOUT ANY OTHER WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE FOREGOING, AESCAPE DOES NOT WARRANT THAT THE SITES WILL MEET ANY PARTICULAR NEEDS, THAT ALL ERRORS WILL BE CORRECTED, OR THAT USE OF THE SITES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

AESCAPE DOES NOT PROVIDE ANY MEDICAL, HEALTH, OR OTHER ADVICE, AND YOU SHOULD NOT RELY ON THE SITES OR ANY AESCAPE PRODUCTS OR SERVICES IN CONNECTION WITH OR AS A SUBSTITUTE FOR ANY MEDICAL (OR HEALTH-RELATED) DECISIONS. PLEASE SPEAK WITH YOUR HEALTHCARE PROVIDER(S) IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING YOUR HEALTH.

9. INDEMNIFICATION

You shall indemnify Aescape and its affiliates against any claims or damages to the extent arising from (a) any violation of these Terms by you, and/or (b) any User Content submitted to the Sites by you.

10. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL AESCAPE OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, OPPORTUNITY; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AESCAPE AND ITS AFFILIATES UNDER OR IN CONNECTION WITH THESE TERMS EXCEED $500.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES, AND REGARDLESS OF WHETHER ANY REMEDY PROVIDED HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

11. THIRD PARTY SITES

The Sites may link to sites or applications operated by third parties. Your access to or use of third party sites or applications is at your own risk. We are not responsible for, and do not endorse, any third party sites or applications.

12. INTELLECTUAL PROPERTY

You acknowledge that, as between Aescape and you, all rights, title, and interests in and to the Sites, including all related intellectual property rights, belong to and are retained solely by Aescape (or Aescape’s third party licensors and suppliers, as applicable). Aescape reserves all rights not expressly granted to you in these Terms.

Subject to the terms of and your compliance with these Terms, Aescape grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Sites solely for personal, non-commercial purposes.

You may not use any trademarks contained on the Sites without the prior written permission of Aescape (or the applicable owner).

All content on the Sites is the property of Aescape (or its suppliers) and is protected by United States and international copyright laws. Except as expressly provided in these Terms, no other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein. You may not change or delete any proprietary notices from materials printed or downloaded from the Sites (or any copies thereof).

Copyright © 2023, Aescape, Inc. ALL RIGHTS RESERVED.

13. COPYRIGHT INFRINGEMENT

Aescape’s policy is to investigate any allegations of copyright infringement brought to our attention. If you have a good faith belief that any of the content on the Sites infringes your copyrights or the copyrights of a third party that you are authorized to represent, you may request that Aescape delete, edit, or disable the content in question by notifying Aescape at legal@aescape.com.

In accordance with the Digital Millennium Copyright Act, your notification must contain all of the following information: (a) a physical or electronic signature of the owner of the copyright/trademark, or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit Aescape to contact you, such as your name, address, telephone number, and if available, an email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you attest under penalty of perjury that you are the owner of the copyright or trademark, or are authorized to act on the owner’s behalf.

14. GOVERNING LAW; DISPUTE RESOLUTION

New York law will govern all disputes arising out of or relating to these Terms, regardless of any conflict of laws rules. If you have any claim, action, or other dispute arising out of these Terms or the Sites, you agree to first try in good faith to resolve such dispute with Aescape. Venue for any litigation arising out of or otherwise relating to these Terms will be limited exclusively to state and federal courts of competent jurisdiction located in New York, NY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES; AND (B) THE PARTIES AGREE THAT CLASS ACTION LAWSUITS (AND ANY OTHER PROCEEDINGS OR REQUESTS FOR RELIEF WHERE (1) SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, OR (2) INDIVIDUAL PROCEEDINGS ARE COMBINED WITHOUT THE CONSENT OF ALL PARTIES) ARE NOT PERMITTED AND ARE HEREBY IRREVOCABLY WAIVED WITH RESPECT TO ANY CLAIM OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES. Notwithstanding anything to the contrary in these Terms, Aescape may (at any time and in any court of competent jurisdiction) seek equitable relief (or bring any other claim or action) in connection with any actual or threatened violation of Aescape’s intellectual property rights.

15. SEVERABILITY; WAIVER

Any provision of these Terms held to be unenforceable shall be enforced to the maximum extent permissible under Applicable Law and shall not affect the enforceability of any other provisions hereof. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and any failure of Aescape to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. ELECTRONIC COMMUNICATIONS

You consent to receiving communications from us electronically. Any notices to you may be sent by email, SMS, or other electronic means (as applicable) or posted on or in the Sites.

17. QUESTIONS AND FEEDBACK

If you have any questions or comments about the Sites or these Terms, please contact us at membersupport@aescape.com.