Terms of Use

These Terms of Use (“Terms”) govern your access to and use of this website (including all content and underlying technology, the “Site”), which is made available by Pangea Educational Development Group (“Pangea,” “we,” “us,” or “our”). These Terms apply to all users of the Site.

By accessing or using the Site or by entering into any agreement with Pangea that governs access to or use of the Site, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site.

Privacy Policy
We may collect certain information about you and from your use of the Site as described in our Privacy Policy, which is incorporated into and made a part of these Terms and describes our information collection, use, and sharing practices.

Intellectual Property Rights
The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content (including any and all books, publications, training materials, and educational resources), and the design, selection, and arrangement of content are exclusively the property of Pangea or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to Pangea or any third party is prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by Pangea to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Pangea and all such rights are reserved and retained by Pangea.

Copyright © 2010-2020 Pangea Educational Development Group. All rights reserved.

Your Warranties

• You have the authority to enter into these Terms;
• You are at least eighteen (18) years of age;
• You are under no contractual obligation that will interfere with your ability to perform under these Terms;
• You will not access or use the Site in any manner not permitted by these Terms;
• You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable export or import laws or regulations); and
• All information you provide in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

Use Restrictions
‍You will NOT, nor will you permit any person to:

• Access or use the Site for purposes other than as expressly permitted by these Terms;
• Access or use the Site for unlawful purposes;
• Copy, download, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Site or any part thereof (including Pangea Books (as defined below));
• Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site;
• Provide inaccurate, incomplete, or out-of-date information via the Site;
• Impersonate or attempt to impersonate another person, business, or Site user;
• Commit fraud or falsify information in connection with your use of the Site;
• Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;
• Access or use the Site to develop, create, produce, enhance, or add to any database;
• Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
• Use the Site (including Pangea Books) in any way that infringes on or violates the rights of any other person or entity;
• Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;
• Submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
• Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;
• Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;
• Use the Site as part of any effort to compete with Pangea or to provide services as a service bureau;
• Develop, assist in developing, or have developed on your own or on any other person’s behalf any software, technology, books, publications, products, or services that compete with or are substantially similar to the Site or any of its content;
• Access, use, or analyze the Site for any purpose that is to Pangea’s detriment or commercial disadvantage; nor
• Act maliciously against the business interests or reputation of Pangea or any Site user.

Access to Pangea Books
‍This section applies to you if you access any Pangea books or publications (“Pangea Book(s)”) through or using the Site. Provided you comply with these Terms and have remitted any and all applicable fees for access to any particular Pangea Book, Pangea grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to view that Pangea Book on the Site, for the duration of its availability, solely for your own personal noncommercial purposes and, in any event, in accordance with all related documentation or restrictions posted on the Site or otherwise provided by Pangea. This license automatically terminates upon any failure by you to comply with these Terms. You acknowledge and understand that the use restrictions set forth above in these Terms, without limitation and for illustration purposes only, prohibit you from downloading, screengrabbing, taking screenshots of, or capturing, copying, or saving in any manner the Pangea Books or any portions, pages, or images of any Pangea Book.

Your Account
You may be required to create an online Pangea account in order to make purchases through or use other features of the Site. You will be required to submit certain information in order to create your account. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at andrew@pangeaeducation.org.

Termination of Access
‍Pangea may, for any reason and in its sole discretion, suspend, deactivate, or terminate your Site account or your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms or any other applicable agreement, upon any unauthorized use of your Pangea account, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your Pangea account, you will not create another account without our prior written permission. You may terminate your account at any time by contacting us using the contact information below.

Product Orders
All orders of products (for example, Pangea Books) made available on or ordered using the Site are subject to the below Terms of Sale and all purchases made using the Site must be made by credit or debit card. Any applicable subscription fees are due in advance. Subscription terms will automatically renew as stated during the online order process. We reserve the right to modify our pricing and subscription plans at any time by making those modifications available through the Site or otherwise notifying you, provided those modifications will not become effective until your next renewal term. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment or donation will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments and donations are processed by our applicable third-party payment processor.

Terms of Sale
‍All orders of products (for example, Pangea Books) made available on or ordered using the Site are subject to this section. These Terms, including this section, constitute the complete and exclusive statement of the terms governing the sale of products via the Site. Your purchase of products using the Site and acceptance of products as stated below manifest your agreement with this complete and exclusive statement of terms.

1. Order Acceptance
   Nothing on the Site constitutes an offer, but an invitation to you to make an offer to order products through the Site. All orders are subject to acceptance by Pangea. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for order; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when Pangea ships the products ordered, and Pangea will charge your credit or debit card upon such shipment.
2. Shipping and Handling; Taxes
   Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. Pangea charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.
3. Availability
   The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited and products may not be available for immediate delivery. Pangea makes no guarantees with respect to shipping or delivery dates. Some products may not be available in certain areas. Pangea is not liable for any damages or losses you may suffer as a result of any shipment delays.
4. Pricing
   Pricing errors may occur on the Site from time to time. Pangea attempts to correct all pricing errors as soon as Pangea becomes aware of an error, but Pangea is not responsible for any pricing or typographical errors on the Site. Pangea reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Pangea. Any payments you make to Pangea for orders that are cancelled due to pricing errors will be refunded.
5. Title and Risk of Loss
   Title to products will pass to you when you receive the products. Pangea will bear the risk of loss or damage to products while in transit to you.
6. Order Cancellations
   ‍Order cancellations are at Pangea’s sole discretion and it is often not possible to cancel an order once it has been processed. If you wish to cancel an order, please contact our customer service department using the information set forth in Paragraph 27 (Contact Us) below to see if we can change or cancel the order before it ships.
7. Return Policy
   ‍We do not allow for the return of products unless a product arrives damaged. If you wish to ask about returning a product, please contact our customer service department using the information set forth in Paragraph 27 (Contact Us) below. Any product returns are solely within Pangea’s discretion.
8. DISCLAIMER OF WARRANTIES
   ‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. PANGEA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PANGEA OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
9. Donations
   Donations made through the Site must be made by credit or debit card. Information about our collection and use of donation-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your donation will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Donations are processed by our applicable third-party payment processor. To make a donation through the Site you may be redirected to a third-party donation platform. We encourage you to review any terms and policies posted on that platform. You acknowledge and understand that certain fees will be deducted from donation payments and then remitted to our donation service providers and payment processors, as applicable. Those fees are subject to change by such third parties at any time without notice.
10. Resume Submissions
    ‍The Site may post volunteer, intern, and other opportunities and include instructions on how to apply for those positions. Do not provide to us a resume or any other application materials for any person other than yourself. Your submission of a resume or other application materials does not in any way require Pangea to review those materials or consider you for a position at Pangea. Opportunity descriptions on the Site are subject to change at our sole discretion, at any time and without notice.
11. Additional Terms
    ‍Your access to or use of certain features or functionality of the Site may be subject to additional terms, conditions, rules, or policies (together, “Additional Terms”). All applicable Additional Terms are incorporated by reference into these Terms.
12. Site and Product Availability; Changes to the Site and Products
    ‍Any materials, publications, products, or features made available through the Site are subject to availability. Pangea may change the Site and the materials, publications, products, and features made available through the Site at any time without notice or liability.
13. NO WARRANTY
    ‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND PANGEA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

PANGEA DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES PANGEA WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. PANGEA DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. PANGEA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. PANGEA HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ACCESS THERETO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, WIRELESS NETWORKS, TELECOMMUNICATIONS, AND ELECTRONIC COMMUNICATIONS. PANGEA IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF PANGEA’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE OR CONTENT.

WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PANGEA OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

LIMITATION OF LIABILITY
‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PANGEA OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “PANGEA PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY PRODUCTS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL INFORMATION INTO THE SITE AND ANY RELIANCE ON DATA PROVIDED ON OR ACCESSED USING THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A PANGEA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR, WITH RESPECT TO PRODUCTS ORDERED OR PURCHASED THROUGH THE SITE, IF ELIGIBLE AND AT PANGEA’S DISCRETION AND OPTION, REPLACEMENT OF, OR REFUND OF THE PRICE PAID FOR, THE APPLICABLE PRODUCT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE PANGEA PARTIES’ LIABILITY TO YOU EXCEED U.S.D. $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
‍You will indemnify, defend, and hold harmless the Pangea Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site (including Pangea Books), (b) your misuse of or reliance on any content, material, data, or information viewed, downloaded, or otherwise accessed or obtained from or using the Site, (c) your order of products through the Site, (d) your donations made through the Site, (e) your submission of information, documents, and other content (including personal information) through or using the Site, (f) your violation of or noncompliance with applicable laws or regulations, (g) your breach of these Terms or any other applicable agreement, or (h) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Force Majeure
‍Pangea will not be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond Pangea’s control, including without limitation acts of God, terrorism, civil disorders, labor disputes, shortages, riot, war, strikes, acts of a public enemy, acts of the United States of America, any state, territory, or political division thereof, or any other nation or government, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts or omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.

Linking to the Site
‍If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link unless you request a graphic badge from Pangea, in which case you may use any graphic badge provided by Pangea to link to the Site, and, in any case, the link must be clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Pangea’s names or trademarks; (d) the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by any Pangea Party; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame or mirror. Pangea reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

Third-Party Websites and Services
The Site may link to, or be linked to, websites and services not maintained or controlled by Pangea. Those links are provided as a convenience and Pangea is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Site to visit a third-party website or service. You should read the terms of use and privacy policy for each website and service that you use.

Feedback
‍Pangea welcomes comments regarding the Site. If you submit comments or feedback regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you except as may be prohibited by law.

Governing Law; Dispute Resolution
These Terms are governed by the laws of the state of Illinois, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by Pangea in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Site more than one (1) year after the claim arises.

Audit
‍Pangea and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Site in order to determine your compliance with these Terms.

Relationship of the Parties
Pangea is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties or their respective employees, contractors, or agents.

Entire Agreement; Interpretation
‍These Terms, including our Privacy Policy and any applicable Additional Terms, are the entire agreement between you and Pangea with respect to your access to and use of the Site (including your order of products using the Site). Pangea’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Pangea.

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability, without invalidating any other provision of these Terms. The headings in these Terms are for convenience only and will not affect the construction or interpretation of these Terms.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms without our prior written consent. Any attempted assignment by you without our prior written consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Pangea, except that Squarespace, Inc., our website hosting services provider, are third-party beneficiaries of these Terms.

Survival
‍Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

Electronic Communications
These Terms and any other documentation, notices, or communications between you and Pangea may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all documentation, notices, and communications for your reference.

Contact Us
‍Please direct any questions and concerns regarding these Terms or the Site to us by email at info@pangeaeducation.org, by telephone at (630) 776-2482, or by mail at Pangea Educational Development, 641 W. Lake Street, Suite #200, Chicago, Illinois 60661 United States.