TERMS AND CONDITIONS OF USE

The materials located at www.escalate.com (the "Website") are provided by Escalate, Inc. ("Escalate"). Your use of the Website is subject to the following terms of use:

Escalate reserves the right to change these terms of use at any time, effective immediately upon posting on the Website. Please check this page of the Website periodically. If you violate these terms of use, Escalate may terminate your use of the Website and/or take appropriate legal action.

Any communication or material you transmit to the Website via electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be, treated as non-confidential and non-proprietary. Any communication or material you transmit or post may be used by Escalate or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Escalate is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing and marketing products and services using such information.

INFORMATIONAL PURPOSES ONLY

The materials available on this Website have been prepared by Escalate and are intended for informational purposes only. Any opinions expressed on or through this Website are the opinions of the individual author and may not reflect the opinions of Escalate. While Escalate uses reasonable efforts to include accurate and up-to-date information in the Website, Escalate makes no warranties or representations as to its accuracy. Escalate assumes no liability or responsibility for any errors or omissions in the content of the Website. Escalate, or any other party involved in creating, producing, or delivering the Website, will not, under any circumstances, be liable to you or to any third party for any consequential, indirect, general, special, incidental or exemplary damages arising out of your access to, or use of, the Website or any related sites. Escalate also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any documents, materials, data, text, images, video, or audio from the Website.

NO WARRANTIES/LIMITATION OF LIABILITY

INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ESCALATE PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THIS WEBSITE WITHOUT NOTICE. ESCALATE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE.

TRADEMARKS

The trademarks, logos, service marks, trade names and trade dress ("Trademarks") displayed on or of the Website, including the names of all products and services, are registered and unregistered Trademarks of Escalate and/or others. You acknowledge and agree that Escalate has and retains all right, title and interest in and to all content of the Website, including all Trademarks as defined below. The Website content, arrangement and selection are copyrighted © 2008 Escalate, Inc. and may not be used or duplicated without the prior written permission of Escalate. All rights are reserved. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or content displayed on the Website without the written permission of Escalate or any third party owner of the Trademarks or content displayed on the Website. Your misuse of the Trademarks, or any other content, displayed on the site is strictly prohibited.

THIRD-PARTY LINKS

Escalate has included links to Internet sites maintained by third parties within the Website. Neither Escalate nor its affiliates operate or control, in any respect, any information, products, or services on such linked sites. In addition, Escalate does not guarantee the timeliness, sequence, accuracy, completeness, reliability, or content of such information, products or services. Linking to any Internet sites maintained by third parties from the Website is at your own risk.

Escalate’s corporate office located at 9890 Towne Centre Drive, San Diego, CA 92121, USA, is the office primarily responsible for the content of this Website. Please direct any questions about this Website to webmaster@escalate.com