Legal / 02
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the website at escalatesoftware.com (the "Site") and any related products, content, or services provided by Escalate Software LLC ("Escalate Software," "we," "us," or "our"). By accessing or using the Site or our services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Site or our services. By using the Site, you represent that you meet this requirement.
2. Use of the Site
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site. Prohibited behavior includes harassing or causing distress to any other user, transmitting obscene or offensive content, attempting to gain unauthorized access to the Site or its underlying systems, or using the Site to transmit malware.
3. SMS / Text Messaging Terms
These SMS terms apply to any text messaging programs operated by Escalate Software LLC. By opting in to receive text messages from us, you agree to the terms in this section.
Program description. Escalate Software LLC may send SMS messages for purposes including account notifications, service updates, appointment reminders, marketing (where you have opted in), customer support, and other communications related to our products and services.
Opt-in. You may opt in to receive text messages by submitting your phone number through a designated opt-in form, by texting a designated keyword to a designated number, or by another method clearly disclosing the program. Your consent is not required as a condition of purchasing any goods or services.
Message frequency. Message frequency varies by program.
Message and data rates. Message and data rates may apply. You are responsible for any charges from your wireless carrier resulting from messages sent or received. Contact your wireless carrier for pricing details.
HELP. Text HELP to any message you receive from us to get help and contact information.
STOP. You can cancel SMS messages at any time by replying STOP to any message we send you. After you send STOP, we will send a one-time confirmation message acknowledging that you have been unsubscribed, and you will no longer receive SMS messages from that program. If you want to join again, simply opt in again as before.
Supported carriers. Supported carriers may include AT&T, Verizon Wireless, T-Mobile, Sprint, Boost, U.S. Cellular, MetroPCS, Cricket, Virgin Mobile, and others. Carriers are not liable for delayed or undelivered messages.
Privacy. Information collected through SMS programs is handled in accordance with our Privacy Policy. We do not sell, rent, or share your phone number or SMS opt-in information with third parties for their marketing purposes.
4. Intellectual Property
All content on the Site, including text, graphics, logos, and software, is the property of Escalate Software LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written permission.
5. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by Escalate Software LLC. We are not responsible for the content, privacy practices, or terms of any third-party site or service. Your use of those sites or services is at your own risk.
6. Disclaimer of Warranties
THE SITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESCALATE SOFTWARE LLC OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY SERVICES PROVIDED THROUGH IT.
8. Indemnification
You agree to indemnify, defend, and hold harmless Escalate Software LLC and its officers, members, employees, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Site, your violation of these Terms, or your violation of any rights of another.
9. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to the jurisdiction of those courts.
10. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms.
11. Contact Us
If you have questions about these Terms, please contact:
Escalate Software LLC
Orlando, Florida, USA
Email: [email protected]