Pangea
Thank you for using Pangea! We hope you enjoy the experience and have established these Terms of Service (“Terms”) in order to ensure a positive experience for you and all of our users. Pangea provides both mobile and web platforms (our “Service”). By using the Service, you agree to these Terms. If you do not agree with these Terms, please do not use the Service.
We are constantly improving the Services, and will also continue to refine our Terms. Please check frequently for modifications to our Terms.
Indemnity
By using the Services, you agree to indemnify, defend and hold harmless Pangea, including managing members, employees, shareholders and partners from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, legal fees and other expenses due to, arising from, or relating in any way to your access and use of the Services; your Content and Messages; and your breach of these Terms. If you are agreeing to these Terms on behalf of a business or entity, this indemnity obligation applies to that business or entity.
Disclaimers
We try our best to make the Services run as smoothly as possible, but we cannot promise that the Services will always function as intended.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE PANGEA ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY PANGEA CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. PANGEA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH PANGEA WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PANGEA AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF PANGEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PANGEA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID PANGEA, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration, Class Waiver, and Jury Waiver
All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and Pangea are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration will be initiated through an arbitration association selected by Pangea. You and Pangea waive any constitutional and statutory rights to go to court and have a trial in front of a junder or a jury. You and Pangea are instead electing to have all claims and disputes resolved by arbitration. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
The laws of the state of Missouri, United States of America will govern all disputes between you and Pangea. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. These Terms make up the entire agreement between you and Pangea, and supersede any prior agreements.
Changes to our Terms of Service
Pangea may modify or update these Terms of Service from time to time, so please review it periodically. We may provide notice to Users of modifications or updates to the Terms of Service by way of available means of communication as appropriate. Your continued use of the Service after any modification to these Terms of Service will constitute your acceptance of such modifications.
We welcome any feedback! If you have any questions or suggestions, please feel free to contact us at support@pangea.com.
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