Xscape! LLC Terms of Use
Effective Date: September 5, 2026
Welcome to the website of Xscape! LLC (“Xscape,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of escape.cool and the content, features, and services made available through the website.
By accessing or using our website, you agree to these Terms. If you do not agree with these Terms, please do not use the website.
These Terms govern use of our website. Participation in an Xscape experience may be subject to additional terms, policies, rules, and agreements, including our Booking, Cancellation & Refund Policy and Participant Waiver and Release.
1. About Xscape
Xscape! LLC operates escape-room entertainment experiences in Morgantown, West Virginia.
Our website provides information about our escape rooms, experiences, availability, gift certificates, location, and other services and allows visitors to access our online reservation system.
Xscape! LLC
63 Wharf St.
Morgantown, WV 26505
304-680-2665
eric.xscape@gmail.com
2. Eligibility and Use of the Website
You may use this website only for lawful purposes and in accordance with these Terms.
You agree not to:
Use the website for fraudulent, unlawful, or abusive purposes;
Attempt to gain unauthorized access to the website, reservation systems, accounts, servers, or other systems;
Interfere with or disrupt the operation or security of the website;
Introduce viruses, malicious code, automated attacks, or other harmful technology;
Attempt to circumvent security measures;
Scrape, harvest, copy, or systematically extract website content or data without authorization;
Impersonate another person or misrepresent your identity;
Use the website in a manner that infringes the rights of Xscape or another person; or
Use Xscape's content, branding, or intellectual property for unauthorized commercial purposes.
We reserve the right to restrict or terminate access to the website when we reasonably believe these Terms have been violated.
3. Reservations and Booking Phoenix
Xscape uses Booking Phoenix, a third-party booking platform, to facilitate reservations, gift certificate transactions, electronic check-in, waivers, and related services.
When you make a reservation or otherwise use Booking Phoenix, additional terms or policies presented by Booking Phoenix or Xscape may apply.
Information concerning cancellations, rescheduling, refunds, late arrivals, no-shows, and other reservation matters is governed by Xscape's Booking, Cancellation & Refund Policy and any applicable terms disclosed during the reservation process.
If there is a conflict between these general website Terms and specific terms applicable to a reservation, transaction, or participant waiver, the more specific applicable terms will govern that matter.
4. Payments
Electronic payments may be processed through Square or other payment technology made available through our booking system.
Payment processing may be subject to additional terms and privacy practices established by the applicable payment provider.
Xscape does not guarantee that any particular payment method will always be available.
Prices, taxes, fees, promotions, and availability may change from time to time, subject to applicable law and any confirmed reservation.
5. Participant Waiver
Participation in an Xscape experience may require each participant, or an appropriate parent or legal guardian when applicable, to complete Xscape's Participant Waiver and Release before participating.
The Participant Waiver and Release is a separate legal agreement from these Terms.
Failure or refusal to complete a required waiver may result in a participant being unable to participate.
Any refund or rescheduling rights associated with a refusal or inability to complete a required waiver are governed by Xscape's applicable booking and cancellation policies.
6. Minors
Children may participate in certain Xscape experiences subject to Xscape's applicable age, supervision, booking, and waiver requirements.
Reservations involving children under 13 should be made by a parent, legal guardian, or other responsible adult.
Nothing on this website should be interpreted as allowing a minor to disregard any parental-consent, supervision, waiver, or age requirement established by Xscape.
7. Escape-Room Content and Spoilers
The puzzles, clues, storylines, room designs, audiovisual elements, props, solutions, sequences, game mechanics, and other creative elements of Xscape's experiences may contain proprietary or confidential material.
We ask participants not to publicly disclose puzzle solutions, combinations, answers, hidden mechanisms, or other information that would materially spoil an experience for future participants.
You may share your general experience, reviews, photographs permitted by Xscape, and other non-confidential information, provided doing so does not violate these Terms, a participant agreement, or applicable law.
Nothing in this section is intended to prohibit truthful consumer reviews or other activity protected by applicable law.
8. Intellectual Property
Unless otherwise indicated, the content available through escape.cool—including text, graphics, photographs, videos, logos, branding, designs, artwork, page layouts, and other original materials—is owned by, licensed to, or used with permission by Xscape and is protected by applicable intellectual-property laws.
You may view and use the website for personal, non-commercial purposes.
You may not reproduce, republish, distribute, modify, sell, license, publicly display, commercially exploit, or create derivative works from Xscape-owned website content without prior authorization, except as permitted by applicable law.
No license or ownership interest in Xscape's trademarks, branding, copyrighted works, or other intellectual property is transferred to you merely because you access the website.
9. User-Submitted Content and Communications
If you voluntarily send Xscape a review, testimonial, photograph, video, suggestion, feedback, or other material, you represent that you have the right to provide that material.
Xscape will not treat private customer communications as public marketing content merely because they were sent to us.
If Xscape wishes to publicly use identifiable customer photographs or videos for promotional purposes, our practice is to obtain permission from the applicable customer or group.
Nothing in these Terms requires a customer to surrender ownership of personal photographs or other original content merely by communicating with Xscape.
10. Third-Party Services and Links
Our website may use or link to third-party services, including Booking Phoenix, Square, Google Maps, Google Analytics, YouTube, social media platforms, and other websites or services.
Those third parties operate independently and may have their own terms, policies, and practices.
Xscape does not control and is not responsible for the content, availability, security, or independent practices of third-party websites or services.
A link to or integration with a third-party service does not necessarily constitute an endorsement of everything offered or stated by that third party.
11. Website Information and Availability
We work to keep the information on escape.cool accurate and current. However, errors, omissions, outdated information, technical problems, or temporary interruptions may occur.
Room descriptions, operating hours, pricing, availability, promotions, policies, and other information may change.
A reservation is not guaranteed merely because a particular time or experience appears on the website. A reservation is subject to successful completion and confirmation through the applicable booking process.
We reserve the right to correct errors or update website information, subject to applicable law and existing contractual obligations.
12. No Guarantee of Uninterrupted Website Access
We do not guarantee that escape.cool or any integrated service will always be available, uninterrupted, secure, or error-free.
The website may occasionally be unavailable because of maintenance, technical failures, internet outages, third-party service interruptions, security issues, or circumstances outside Xscape's reasonable control.
When appropriate, customers may contact Xscape directly for assistance with reservations or other matters.
13. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the website and its content are provided on an “as is” and “as available” basis.
Xscape disclaims warranties regarding the website that may legally be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
This disclaimer concerns the website and website content. Participation in Xscape's physical experiences is governed separately by applicable booking terms, facility rules, and the Participant Waiver and Release.
Nothing in these Terms excludes a warranty or consumer protection that cannot lawfully be excluded.
14. Limitation of Liability
To the fullest extent permitted by applicable law, Xscape! LLC and its owners, employees, representatives, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from your use of, or inability to use, the website.
This may include losses resulting from website interruptions, technical errors, third-party service failures, or reliance upon website information, to the extent permitted by law.
Nothing in these Terms is intended to waive, restrict, or eliminate liability that cannot legally be waived or limited.
Liability associated with participation in an Xscape experience may also be addressed by Xscape's separate Participant Waiver and Release and other applicable agreements.
15. Indemnification
To the extent permitted by applicable law, you agree to be responsible for losses, claims, liabilities, or reasonable expenses arising from your unlawful misuse of the website, your material violation of these Terms, or your infringement of another person's rights.
This provision does not require you to indemnify Xscape for conduct for which indemnification cannot lawfully be required.
16. Privacy
Your use of the website is also subject to Xscape's Privacy Policy, which describes how we collect, use, disclose, and protect personal information.
Our website may use cookies and similar technologies, and visitors may be provided with options to manage certain cookie preferences.
17. Accessibility
Xscape is committed to making its website and services reasonably accessible to our customers.
If you have difficulty accessing information on escape.cool or need assistance completing a reservation because of an accessibility issue, please contact us at 304-680-2665 or eric.xscape@gmail.com.
Additional information may be provided in our Accessibility Statement.
18. Changes to These Terms
We may update these Terms from time to time to reflect changes to our website, services, business practices, or applicable requirements.
When we update these Terms, we may revise the effective date shown at the top.
Changes will apply prospectively as appropriate. Changes to these website Terms will not retroactively alter an existing reservation agreement or other separate contract where doing so would be prohibited by applicable law.
19. Governing Law and Venue
These Terms are governed by the laws of the State of West Virginia, without regard to conflict-of-law principles, except where applicable law requires otherwise.
To the extent permitted by applicable law, disputes concerning these Terms or use of the website shall be brought in an appropriate state or federal court having jurisdiction in or over Monongalia County, West Virginia.
20. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the extent necessary to make it enforceable where permitted, and the remaining provisions will remain in effect.
21. No Waiver
Xscape's failure to enforce a provision of these Terms on one occasion does not constitute a permanent waiver of that provision or Xscape's right to enforce it later.
22. Entire Agreement Regarding Website Use
These Terms constitute the agreement between you and Xscape concerning your general use of escape.cool, except where another agreement or policy specifically governs a particular transaction, reservation, or activity.
The Privacy Policy, Booking, Cancellation & Refund Policy, and Participant Waiver and Release remain separate documents and govern the matters addressed within them.
23. Contact Us
Questions concerning these Terms may be directed to:
Xscape! LLC
63 Wharf St.
Morgantown, WV 26505
Phone: 304-680-2665
Email: eric.xscape@gmail.com