Terms Of Service
Use of Services
Provided that you abide by these Terms, Pangaea grants you a nonexclusive license to use the Services through the interface provided by Pangaea, and to print out one copy of any portion of the Website for your own personal use.You may not misuse the Services. You may not interfere with Services or access the Services using any method aside from the interface provided. You may use our Services only as permitted by law. We reserve the right to temporarily suspend or cease providing our Services to you or to any user for noncompliance with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Use of the Services does not give you ownership of any intellectual property used by, contained within or accessed in connection with the Services. You may not use content from our Services other than as set out in these Terms unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any Pangaea trademarks. Users may not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Website and Services may display content that is not owned by or provided by Pangaea. This content is the sole responsibility of the entity that makes it available, and your use of this content may be governed by separate terms dictated by the content provider. We may review content to ensure it is compliant with our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law; however, not all content is reviewed, and Pangaea assumes no responsibility for this third party content.
From time to time, you may receive service announcements, administrative messages, and other information in connection with our Services. Pangaea may send these messages to you by email if you have provided your email address to us. You consent to receiving these messages. You are free to opt out of these communications, although opting out of certain communications may mean that Pangaea can no longer provide some or all Services to you.
You may be required to create a Pangaea account to access certain Services. Sometimes, with your permission, we may retrieve credentials from your existing account with another entity in order to make account creation easier. In order to do this, Pangaea will also have prior permission from the entity that manages your existing third party user account. It is your responsibility to keep your password confidential. You are responsible for all activity that takes place by any user logged in to your Pangaea account. Pangaea advises that you choose a unique password for your Pangaea user account, and that you do not use the same password to log in to other accounts you may have with third party service providers.
Modifying and Terminating our Services
We will constantly work to improve our Services and may make changes to the Services accordingly. We may add or remove features, and we may suspend or stop a Service altogether. You may stop using our Services at any time, and we may also stop providing Services to users at our discretion, at any time, and for any reason.
We will endeavor to ensure that you can access your personal data (if any) that is stored on or created by our Services. If we discontinue a Service in connection with which important user data is stored, where reasonably possible, we will give users reasonable advance notice and a chance to retrieve and store their information from that Service prior to its discontinuance.
Warranties and Disclaimers
Pangaea provides its Services using a commercially reasonable level of skill and care; however, the Services are subject to the following:
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PANGAEA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PANGAEA IS NOT RESPONSIBLE FOR THE VALIDITY, AVAILABILITY OR RELIABILITY OF CONTENT DELIVERED TO USERS ON BEHALF OF ITS COMMERCIAL PARTNERS. PANGAEA IS EXCLUDED FROM AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY AND ALL WARRANTIES ABOUT PRODUCTS OR SERVICES MADE BY PANGAEA'S COMMERCIAL PARTNERS. PANGAEA IS NOT RESPONSIBLE FOR PRODUCT OR SERVICE DEFECTS OR MISREPRESENTATIONS, PRODUCT RETURNS OR ANY LIABILITIES THAT MAY ARISE FROM ANY TRANSACTION TAKEN PLACE BETWEEN A USER OR USERS AND OF PANGAEA’S PARTNERS OR CLIENTS.
Liability for our Services
WHEN PERMITTED BY LAW, PANGAEA WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, RELIANCE UPON, OR INABILITY TO USE THE SERVICES. IN PARTICULAR, AND WITHOUT LIMITATION, PANGAEA WILL NOT BE LIABLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PANGAEA, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, PANGAEA, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business (the “Business”), the Business accepts these Terms, and you represent and warrant that you have the authority to bind the Business to these Terms. The Business will hold harmless and indemnify Pangaea and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the Business' use of the Services or violation of these terms by the Business, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services, or for any other reason. You should review the terms regularly. Modifications to these Terms will be posted at [URL], and where possible, a notification that the terms have been modified will be displayed on the Website.Changes to these Terms will not apply retroactively and will become effective immediately upon being posted to the Website. If users do not agree to any part of the modified Terms, they must discontinue use of the Services.
If there is a conflict between these Terms and any additional terms provided for a particular Service, the additional terms will prevail in the context of your use of that Service. These terms govern the relationship between Pangaea and its users. They do not create any third party beneficiary rights.
Forbearance or indulgence by Pangaea in any regard with respect to enforcement of these Terms shall not constitute a waiver of any of these Terms.If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remainder of these Terms shall remain valid and in full force and effect
These Terms are governed by the laws of Ontario, Canada. Any disputes arising out of or relating to these terms or the Services shall be heard at the courts in Toronto, Ontario, Canada. You consent to personal jurisdiction in those courts.