Terms and Conditions for Escalate Technologies LLC Store
Welcome to Escalate Technologies LLC (“Escalate,” “we,” “us,” or “our”).
These Terms and Conditions (“Terms”) govern your use of our website located at https://escalatetech.store (the “Website”) and any related services offered by us (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Notice, which is incorporated herein by reference ([link to Privacy Notice]). If you disagree with any part of these Terms or the Privacy Notice, you may not access or use the Services.
1. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement in order to use the Services. By using the Services, you represent and warrant that you1 meet all of these requirements.
2. Use of the Services
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the2 Services:
- In a way that violates any applicable law or regulation.
- For any purpose that is prohibited by these Terms.
- In a way that may harm Escalate or its users.
- To infringe on the intellectual property rights of Escalate or any third party.
- To transmit any harmful or malicious code, such as viruses or worms.
3. User Content
The Services may allow you to submit content (“User Content”). You retain all ownership rights to your User Content. However, by submitting User Content, you grant Escalate a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and translate your User Content for the purpose of providing and improving the Services.
You are solely responsible for your User Content and represent and warrant that you have the right to submit such User Content. You agree not to submit User Content that is:
- Illegal or unlawful.
- Defamatory, obscene, hateful, or threatening.
- Infringes on the intellectual property rights of any third party.
- Violates the privacy of any third party.
Escalate reserves the right to remove any User Content that it deems to be in violation of these Terms.
4. Intellectual Property
The Services and all content and materials included on the Website, including but not limited to text, graphics, logos,3 icons, images, videos, software, and other intellectual property (collectively, the “Intellectual Property”), are owned by or licensed to Escalate. You agree not to use any Intellectual Property without the prior written consent of Escalate.
5. Third-Party Links
The Services may contain links to third-party websites or services. Escalate is not responsible for the content or privacy practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party4 websites or services that you5 visit.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,6 FITNESS FOR A PARTICULAR PURPOSE,7 TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT.
ESCALATE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. ESCALATE DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESCALATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF8 OR RELATING TO YOUR USE OF THE SERVICES,9 EVEN IF ESCALATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to indemnify and hold harmless Escalate, its officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of10 a third party.
9. Termination
Escalate may terminate your access to the Services at any time, with or without cause, and with or without notice. You may also terminate your access to the Services at any time.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict11 of law provisions.
11. Dispute Resolution
Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance12 with the rules of the American Arbitration Association. The arbitration13 shall be held in Springfield, Virginia.