Terms of Use
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is
controlled by or is under common control with a party, where
“control” means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of
directors or other managing authority.
Country refers to: California, United States
Company (referred to as either “the Company”,
“We”, “Us” or “Our” in this Agreement) refers to Eskaton, 5105
Manzanita Avenue, Carmichael, CA 95608.
Device means any device that can access the
Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or
suggestions sent by You regarding the attributes, performance or
features of our Service.
Promotions refer to contests, sweepstakes or
other promotions offered through the Service.
Service refers to the Website,
www.eskaton.org.
Terms and Conditions (also referred as “Terms”)
mean these Terms and Conditions that form the entire agreement
between You and the Company regarding the use of the Service.
Third-party Social Media Service means any
services or content (including data, information, products or
services) provided by a third-party that may be displayed,
included or made available by the Service.
Website refers to Eskaton, accessible from
eskaton.org
You, means the individual accessing or using the
Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. The right to use the Service is personal to you and is not transferable to any other person or entity.
By accessing or using the Service, You agree to be bound by these Terms and Conditions, all applicable laws and regulations, and that you are responsible for compliance with any applicable local laws. If You disagree with any part of these Terms and Conditions then You may not access or use the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by applicable copyright, trademark, and other laws of both the Country and foreign countries.
Eskaton/Transforming the Aging Experience, Age is Beautiful and other trademarks and/or service marks (including logos and designs) found on the Service are trademarks/service marks that identify the Company and/or the goods or services provided by the Company.
Our trademarks and trade dress may not be used under any circumstances without the prior written consent of the Company.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the Service
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The inclusion of any link on the Service does not imply endorsement by the Company or the Service. Use of any such linked website is at the user’s own risk.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. Even if these site are visited by the Company, the Company is not responsible for the accuracy or reliability of the information on those websites and will not vouch for the information, data, opinions, advice or statements made there.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for the goods and services that may be offered on other websites, or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access to this Service immediately, without prior notice or liability, for any reason, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately and you must destroy any downloaded materials in your possession whether in electronic or printed form.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, its materials, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised orally or in writing of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer (Revisions and Errata)
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
The Company does not warrant or make any representations regarding the use or the results of the use of the materials in this Service in terms of their correctness, accuracy, reliability, or otherwise. While we make reasonable efforts to provide accurate and timely information on this Service, you should not assume that the information provided is always up-to-date or that this Service contains all information relevant to the Company. The Company undertakes no obligation to verify or maintain the accuracy or currency of such information.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service without regard to its conflict of law provisions. Your use of the Application may also be subject to other local, state, national, or international laws.
Geographic Scope of Site
The Company controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those products and services that are sold by the Company in the United States and its territories, and the Company makes no representation that materials in this Service or the products and services described therein are appropriate or available for use in other locations.
If you access this site from outside the United States, be advised this site may contain references to products and services that are not available or are prohibited in your country. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website. This English-language Terms of Use agreement is the Company’s official agreement with users of this Service. In case of any inconsistency between this English-language Terms of Use agreement and its translation into another language, this English-language document shall control.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Severability and Waiver
Severability
If any provision of these Terms is held to be illegal, unenforceable or invalid under present or future law, the clause or provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
No delay or failure on the part of the Company to enforce any part of these Terms shall constitute a waiver of any of the Company’s rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by the Company nor the reliance of any person on the Company’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect whatsoever.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
By using this website you are agreeing to be bound by the then-current version of these Terms.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
By e-mail: public.relations@eskaton.org
By phone: 866-375-2866