Last updated: March 1, 2023
Please read these terms and conditions (“Terms“, “Terms and Conditions“) carefully before using the https://escaliscale.com website (“Service”) operated by Escali (“us”, “we”, or “our”).
By accessing or using the Service, you signify acceptance of these Terms. If you do not agree to any of the terms below, please do not use the Service. Violation of any of these Terms may result in termination of your account.
1. Definitions
“Account” refers to the user account required to access and use certain features of the Service.
“Content” refers to all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials appearing on or available through the Service.
“Order” refers to a customer’s completed purchase from the Service involving payment and shipment of a product(s).
“Post” refers to any user-submitted Content uploaded, shared, transmitted or otherwise made available through the Service.
“Product” refers to any merchandise, goods, or devices offered for sale on the Service.
“User” refers to any individual or entity using the Service.
2. Changes to the Terms and Conditions
We may occasionally modify these Terms. Any changes will be communicated on our website along with an updated revision date. Your continued use of our Service constitutes acceptance of the revised Terms. If you do not agree to the changes, please do not continue using the Service.
3. Age Restrictions
The Service is intended for access and use by individuals over the age of 18. By using the Service, you represent that you are 18 years of age or older. We do not knowingly collect any personal information from children under 18.
4. User Accounts
A) Registering an Account: You may need to register an account to access certain features or functions of the Service. When registering, you agree to provide true and accurate information.
B) Account Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and restricting access to your account. You agree to promptly notify us of any unauthorized use or breach of your account.
C) Account Termination: We may suspend or terminate your account if you violate these Terms. We reserve the right to terminate accounts that remain inactive for an extended period.
5. User Conduct
As a condition of your use of the Service, you agree not to:
- Abuse, harass, threaten, impersonate, or intimidate other Users;
- Post or transmit any Content that is obscene, offensive, fraudulent, deceptive, or otherwise objectionable;
- Violate the privacy or infringe the rights of others;
- Post or transmit any unauthorized commercial communications or spam;
- Upload viruses or other malicious code;
- Violate laws or regulations in your jurisdiction;
- Use the Service for any unauthorized or illegal purpose;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service;
- Remove any copyright, trademark or other proprietary rights notices on the Service;
- Interfere with the functionality or operation of the Service.
Any violation of these conduct requirements may result in immediate termination of your account.
6. Purchasing Products
A) Prices: Prices of products displayed on the Service are quoted in U.S. dollars. We make reasonable efforts to ensure pricing accuracy, but pricing errors may occur. If we discover a pricing error, we may cancel or refuse to process your order.
B) Availability: We make reasonable efforts to maintain accurate availability information. However, items in your shopping cart may sell out before you complete your order. We are unable to reserve inventory in your cart.
C) Shipping: When you purchase a physical product, we will estimate shipping and delivery dates after you enter your delivery address. Our shipping estimates are not guaranteed delivery dates. Delays are possible due to weather, customs, or other factors.
D) Taxes: Depending on your delivery address, sales tax or value added tax (VAT) may apply to your order. Tax amounts are estimated during checkout and charged based on applicable laws.
E) Payments: We accept payment methods such as credit cards and PayPal. To protect against fraud, we may perform identity or credit checks subject to our Privacy Policy. You represent that you are authorized to use any payment method submitted.
F) Returns and Refunds: If you are not fully satisfied with your purchase, you may request a refund or exchange within 30 days of delivery by contacting customer support. Original shipping fees are non-refundable. Items must be returned in original condition.
7. User Content
A) Ownership: Content posted to the Service is your sole responsibility. You bear all risks associated with posting User Content and grant us permission to use it subject to our Privacy Policy.
B) Representations: You represent and warrant that you either own or have necessary permissions to use and authorize us to use all Content you submit. You agree that such Content will not violate any law, contract, intellectual property or other rights.
C) License to Us: By posting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license to use, host, store, reproduce, publish, display, distribute, modify, and commercialize your User Content in any manner and for any purpose related to operating, promoting, or improving the Service.
D) Enforcement: We do not prescreen, monitor, approve, or verify any User Content. But we may remove any Content at our discretion in order to comply with applicable laws or our content policies.
8. Intellectual Property Rights
Our Service and all included Content are the property of Escali or our licensors and protected by copyright, trademark, patent, and other intellectual property (“IP”) laws. You agree not to remove or alter any copyright or proprietary notices on the Service. You will not use our trademarks or other IP without our prior written consent.
9. Disclaimers and Limitations
Your use of the Service is solely at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all warranties, conditions, guarantees, and representations relating to the Service, either express or implied. We make no warranty that the Service will meet your requirements, operate without interruption or be error-free. Use of information provided through the Service is solely at your own risk.
In no event shall we be liable for any direct, indirect, incidental, punitive, or consequential loss or damage arising from use of the Service.
10. Indemnification
You agree to hold harmless, release, defend, and indemnify Escali and our officers, directors, employees, contractors, agents, affiliates, and partners from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, that arise from or relate to your access or use of the Service, Content you submit, or violation of these Terms.
11. DMCA Copyright Policy
We respect intellectual property rights of others. Upon proper DMCA notice, we will expeditiously remove infringing content from the Service per our DMCA Copyright Policy. We may terminate access for users who repeatedly infringe.
If your content was removed due to a DMCA notice filed against you, you may provide a DMCA counter-notice to us following procedures outlined in our DMCA Copyright Policy.
12. Governing Law
These Terms shall be governed by the laws of the State of Minnesota, without respect to conflict of law principles. Any dispute arising from these Terms that can not reasonably be resolved between the parties shall be resolved by binding arbitration within the state of Minnesota, as outlined in our Arbitration Agreement.
13. Modifications
We reserve the right to modify these Terms from time to time at our sole discretion. Updated versions will be communicated to users and are effective immediately upon posting. Your continued use of the Service constitutes agreement to any modifications.
14. Contact Information
Please direct any questions regarding these Terms to our Legal Department at:
Email: [email protected]
Phone: 1-800-123-4567
Address: 12345 Main St, Anytown USA