Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Escape by Numbers! The terms "we," "us," and "our" refer to Escape by Numbers, operated by Escape The Race LLC. Escape by Numbers operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Escape by Numbers is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings. Paint colors in the finished kit may vary slightly from the digital preview shown on our website.
We do not warrant that the appearance or quality of any products purchased by you will be identical to how they are depicted in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Escape by Numbers reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 — CUSTOM PHOTO-TO-KIT ORDERS
Custom photo-to-kit orders are made to order. Before production begins, you will receive a digital proof for your approval. Once you approve the proof and production begins, the order is final and cannot be cancelled, returned, or refunded. It is your responsibility to review the digital proof carefully before approving.
SECTION 5 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping charges, taxes, or customs or import charges for international orders.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.
SECTION 6 — SHIPPING AND DELIVERY
Shipping rates and available shipping options are calculated and displayed at checkout and may vary based on your location, order size, and any current promotions or seasonal offers. The destinations we ship to are shown at checkout. Full details, including processing and estimated delivery times, are provided on our Shipping Policy page. Estimated delivery times are not guaranteed. We are not liable for shipping and delivery delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
International orders may be subject to customs duties, import taxes, or brokerage fees imposed by your country's government. These charges are not included in the product price and are the sole responsibility of the customer.
SECTION 7 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Escape by Numbers, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Escape by Numbers.
SECTION 8 — THIRD-PARTY LINKS AND TOOLS
The Services may contain links to third-party websites or provide access to tools offered by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any third-party products, services, or content.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Escape by Numbers is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Escape by Numbers. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Escape by Numbers, including any injury, damage, or loss resulting from purchased products. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Escape by Numbers.
SECTION 10 — PRIVACY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Review our Privacy Policy for full details on how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK AND USER CONTENT
If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to your Feedback and that it does not violate any third-party rights. We are under no obligation to maintain your Feedback in confidence, to pay compensation, or to respond. We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable.
SECTION 12 — ERRORS AND INACCURACIES
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to: (a) violate any laws or regulations; (b) infringe upon intellectual property rights; (c) harass, abuse, or harm any person; (d) transmit false or misleading information; (e) upload malicious code; (f) impersonate any person or entity; (g) send spam or unsolicited communications; (h) collect personal information of others; or (i) interfere with the security or operation of the Services.
You may not use any robot, spider, scraping tool, AI agent, or automated means to access the Services without our prior written consent. We reserve the right to suspend or terminate your account at any time if you violate these Terms.
SECTION 14 — AGENTS
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with these requirements. We may limit, including by technical measures, whether and how any Agent accesses the Services. Agents must: (i) identify that the request is from an Agent in all HTTP/HTTPS requests; (ii) not conceal or obfuscate that any access is from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are from a human or computer; and (iv) not circumvent any measure intended to block or control Agent access.
SECTION 15 — DISPUTE RESOLUTION AND ARBITRATION
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services or products shall first be attempted to be resolved through informal negotiation by contacting us at support@escapebynumbers.com. If informal resolution is not successful within 30 days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Arbitration shall take place in the State of Wyoming. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This arbitration clause does not prevent either party from seeking injunctive relief in court for intellectual property infringement.
SECTION 16 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to the date of termination. Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Agents shall survive termination.
SECTION 17 — DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY ESCAPE BY NUMBERS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 18 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ESCAPE BY NUMBERS, ESCAPE THE RACE LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
SECTION 19 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Escape by Numbers, Escape The Race LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.
SECTION 20 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms without affecting the validity of the remaining provisions.
SECTION 21 — ENTIRE AGREEMENT
These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements or communications. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 22 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 23 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. You and Escape by Numbers consent to venue and personal jurisdiction in the courts of the State of Wyoming.
SECTION 24 — CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with a revised effective date. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after any changes constitutes acceptance of the updated Terms.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We are offering an SMS/MMS mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. The Program uses artificial intelligence ("AI") technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents.
AI-Powered Messaging. Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:
(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.
(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.
(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.
(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by contacting us at support@escapebynumbers.com.
By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Data Use for AI Personalization. To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.
You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian's permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.
For any questions, you can contact us for more information about the program.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at support@escapebynumbers.com.
Escape by Numbers
Operated by Escape The Race LLC
Email: support@escapebynumbers.com
30 N Gould St Ste 100, Sheridan, WY 82801, United States
Trade Registration: EIN 41-4848281