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 here), 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).

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. DISPUTE RESOLUTION; ARBITRATION; PROHIBITION ON CLASS ACTIONS

This section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, and you and Aescape each agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act.

YOU AND AESCAPE AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND AESCAPE WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND AESCAPE HAVE AGAINST EACH OTHER ARE RESOLVED. You and AESCAPE agree that any and all disputes or claims that have arisen or may arise between you and Aescape shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

OPT-OUT: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to the Company at 581 6th Ave., Suite 500, New York, NY 10011; Attn: Legal Department (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

PRE-ARBITRATION DISPUTE RESOLUTION: Whenever a disagreement between you and Aescape may arise, you and Aescape agree to first send a written notice to the other (a "Demand"). You and Aescape agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the Notice Address. Aescape must send the Demand to you via certified mail to the most recent address Aescape has on file for you (or by email if Aescape only has an email address for you on file). The Demand must seek to resolve only your individual Dispute, must be personally signed by you or for Aescape by its authorized representative (and not your counsel), and must include any documentation sufficient to support your claim. Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference which both parties will personally attend (with counsel, if represented). You and Aescape agree that the party sending the Demand will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, 20 business days after the individualized conference. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if these requirements have not been met.

ARBITRATION PROCEDURE: If the disagreement stated in the Demand is not resolved to your satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association ("AAA"). The arbitration will be conducted under its rules and procedures, including the AAA's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules and a form for initiating arbitration proceedings are available on the AAA's website at: www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Aescape may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law.

CLASS ACTION WAIVER: You and Aescape agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Aescape agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. You and Aescape further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Aescape in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
MASS ARBITRATION:
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Aescape, and such circumstances meet the definition and criteria of Mass Filings ("Mass Filing") set forth in National Arbitration & Mediation’s ("NAM") Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM’s Mass Filing Rules," available at https://www.namadr.com/resourc...), you and Aescape agree that the AAA shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Aescape. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.
Stage One: Counsel for the claimants and counsel for Aescape shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Aescape will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Aescape shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Aescape will pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Aescape shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed before AAA in accordance with AAA’s Mass Arbitration Supplementary Rules (available at https://www.adr.org/sites/defa...). Should a court of competent jurisdiction determine that neither these additional procedures not AAA’s Mass Arbitration Supplementary Rules are enforceable as to your claim, then you Claim will proceed in a court of competent jurisdiction consistent with these Terms.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass 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 unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.

15. CHOICE OF LAW

These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. For any disputes not subject to binding arbitration, you and Aescape hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York, New York.

16. SEVERABILITY; WAIVER

These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. For any disputes not subject to binding arbitration, you and Aescape hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York, New York.

17. ELECTRONIC COMMUNICATIONS

By agreeing to these Terms, you agree to receive informational text message alerts regarding your Aescape bookings at the telephone number you provide Aescape. You can cancel at any time by replying “STOP.” We will send a final SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS text messages from us. You can also reply Help for additional information, or you can reach help directly at help@aescape.com or 877-237-2264. Message frequency may vary. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent or received.

Separately, if you provide express written consent through our Sites, we will send you marketing SMS text messages. By providing your express written consent to receive these messages, you agree to receive marketing text messages at the number you provide on the consent form; these text messages may be sent through an automated telephone dialing system. You are not required to provide your consent to receive these marketing text messages in order to purchase goods or services. You can cancel at any time by replying “STOP.” We will send a final SMS text message to confirm that you have been unsubscribed. After this, you will no longer receive marketing SMS text messages from us; however, we will continue to send you informational text messages (as described above) unless you separately opt out of receiving those messages. You can also reply Help for additional information, or you can reach help directly at help@aescape.com or 877-237-2264. Message frequency may vary. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent or received.

For more information about how we collect and use your information, please see our Privacy Policy, available here.

18. QUESTIONS AND FEEDBACK

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