Terms of Use

Welcome to www.PangeaOrganics.com (the "Site"). Please read the following Terms of Use carefully before using this Site and purchasing products or services from our Site so that you are aware of your legal rights and obligations with respect to Pangea Naturals, Inc. and its affiliates and subsidiaries (individually and collectively, "we," "us," "Pangea Organics," or "Pangea").

By using this Site, you signify your irrevocable acceptance of this Terms of Use. Pangea has the right to revise these Terms of Use at any time without providing notice to its users. Your continued use of this Site shall be deemed irrevocable acceptance of those revisions. Pangea may also remove portions of this Site or add to this Site from time to time without providing notice to you.

1. Limited License

Pangea grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Use statement. However, this license does not allow you to make commercial or derivative use of this Site (including any of its individual elements or content), other than for the purchase of products or services from our Site. You may download any downloadable materials displayed on the Site for your personal use only.

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Pangea's trademarks, logos or other proprietary information, the content of any text, any of the Materials (as defined below), or the layout and design of any page (or form contained on a page) without Pangea's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Pangea name, trademark, URL, or product name without Pangea's express written consent.

2. Pangea Privacy Policy

Your use of the Site is subject to Pangea's Privacy Policy. For information on Pangea's Privacy Policy, please click here. This web site ("Web Site") is operated by Pangea Naturals, Inc., which includes its affiliates and subsidiaries (individually and collectively, "we," "us," "Pangea Organics," or "Pangea"). This privacy policy only covers information collected at this Web Site, and does not cover any information collected offline by Pangea Organics (unless specifically stated). All Pangea Organics websites, including PangeaOrganics.com, are currently covered by this privacy policy.

3. Site Contents

Pangea, its subsidiaries or affiliated companies or third-party providers hold the copyright for all copyrighted and copyrightable materials on the Site, including, but not limited to the text, images, forms, logos, graphics, audio clips, video clips, photographs, and illustrations, including the selection and arrangement of such elements (collectively, the "Materials"). Such Materials are protected by United States and international copyright laws, as well as other intellectual property laws. In addition, the entire Site is copyrighted as a collective work under United States and other copyright laws.

Any copying, uploading, reproduction, transmittal, publication or redistribution of the Materials which is not in accordance with this Terms of Use is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Pangea used herein are trademarks or registered trademarks of Pangea. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective Workshops. All right, title, and interest in the trademarks, including all goodwill associated with the trademarks, shall remain vested in Pangea or the respective third Workshops. You agree that except as otherwise permitted in this Terms of Use, the copying, reproduction, use, transmittal, publication, redistribution or modification of the trademarks is strictly prohibited.

4. Product Purchases and Your Account

When you purchase products or services through our Site, or if you create an account on our Site, you will be required to provide us with a valid email address and create a password. It is your sole responsibility to keep your password confidential. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pangea of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pangea cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

When you purchase products or services through our Site, or create an account with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's information request form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or Pangea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pangea has the right to suspend or terminate your account, cancel your order, and refuse any and all current or future use of the Site (or any portion thereof).

5. Your Communication with Pangea

You agree that all comments, suggestions, and ideas disclosed or submitted to Pangea by you that relate to this Site, its design, its contents or any products or services offered by Pangea shall be and will remain the sole property of Pangea. Such disclosure or submission to Pangea shall constitute an assignment to Pangea of all worldwide rights, title and interests in the comments, including any intellectual property rights contained therein. You acknowledge and agree that Pangea shall have the right to use any such disclosure as it desires, including the incorporation of your ideas into the Site, without any further obligation to you, including any obligation to maintain any of your comments, suggestions or ideas in confidence, or pay any compensation to you. In addition, you acknowledge and agree that, in the event you participate in any contest or promotion, Pangea shall have the right to use information you provide for marketing and promotional purposes. Notwithstanding the foregoing, the provisions of this paragraph do not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Please see our Privacy Policy.

Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

6. Pangea's Communication with You.

By using this site, you grant permission to Pangea to communicate with you to inform you of modifications or additions to our Site, about any of Pangea's products or services, or for such other purposes as Pangea deems appropriate, including communications related to contests, incentives and promotions. You may opt out of these communications by sending us an email requesting that we discontinue these communications.

7. Online Conduct

In consideration of your use of our Site, you promise that you will not:

  • Remove proprietary notices from this Site;
  • Cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of Pangea;
  • Use this Site for any commercial purpose, other than for the purchase of products or services from Pangea, or for the benefit of any third party or any manner not permitted by the licenses granted herein;
  • Use the Site in any manner that would violate any applicable law, regulation or ordinance;
  • Use the Site for fraudulent purposes;
  • Attempt to decompile, reverse engineer, disassemble or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented by Pangea with respect to this Site, and/or data transmitted, processed or stored by Pangea;
  • Take any steps to interfere with or in any manner compromise any of Pangea's security measures or interfere with or disrupt the Site and/or the servers or networks connected to the Site;
  • Obstruct or otherwise interfere with the normal performance of another person's use of the Site;
  • Allow usage by others in such a way as to violate these Terms of Use or any other Terms of Use or policies adopted by Pangea from time to time;
  • Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or do anything that violates this Terms of Use in any other way.

8. Our Products

Pangea tries to ensure that the representations of Pangea products that are included in our Site, including the appearances of our products, are as accurate as possible. However, please recognize that the depictions of our products as they appear on your monitor may differ from those you actually receive. If you are dissatisfied with any of the products or services you receive from Pangea as a result of placing an order through our Site, you may return it to us in accordance with our Return Policy.

9. Disclaimer

THIS SITE, AND ALL THE CONTENTS OF THIS SITE, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PANGEA OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, PANGEA DOES NOT WARRANT THAT THIS SITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10. Limitation of Liability

IN NO EVENT SHALL Pangea BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE INABILITY TO USE THE SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF Pangea HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR USER ACCOUNT AND DISCONTINUE ANY USE OF THIS SITE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Applicable law

By visiting this Web site, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

Disputes

Any dispute relating in any way to your visit to our Web site or to products purchased here shall be submitted to confidential arbitration in Boulder, Colorado. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

11. Links to Third Party Sites

Links provided to other sites by Pangea, if any, are provided as a courtesy only, and the sites they link to are not under the control of Pangea in any manner whatsoever. Therefore, Pangea is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Pangea is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Pangea of any linked site and/or any of its content therein.

12. Terms of Use

The license for use of this Site is effective until terminated. This license will terminate as set forth elsewhere within this Terms of Use. In addition, you agree that Pangea, in its sole discretion, may terminate your password, and/or user account, and remove and discard any of your stored information for any reason, including, without limitation, lack of use or if Pangea believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use at any point during the Term. Pangea may also in its sole discretion and at any time, discontinue providing this Site, with or without notice. You agree that any termination of your access to this Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Pangea may immediately deactivate or delete any information stored in your account, as applicable, and all related information. Pangea reserves the right to bar any further access to such information and this Site. You agree that Pangea shall not be liable to you or any third-party for any termination of your access to this Site. Sections 2 through 16 of this Terms of Use shall survive any termination or expiration of the license for the use of this Site.

13. Your Representations and Warranties

You represent and warrant that you:

Possess the legal right and ability to enter into this Terms of Use and to comply with its terms; will use this Site for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies; will only use this Site on a computer on which such use is authorized by the computer's owner.

14. Indemnity

You agree, at your own expense, to indemnify, defend, and hold harmless Pangea, its employees, agents, and representatives against claim, suit, action, or administrative proceeding brought against Pangea, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your use of the Site, your violation of this Terms of Use, or your violation of any rights of another, including but not limited to their intellectual property rights. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your use or misuse of the Site; (2) access or use of the Site by someone else using your computer or account; and (3) a violation of the Terms of Use or any policy or guidelines referenced herein by you or anyone using your computer or account. This indemnification agreement applies to any claim, suit, action, or administrative proceeding that is directly or indirectly related to the Site, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person's use or access of your computer or account infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., International, foreign, or state law. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.

15. Severability

If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

16. Miscellaneous

You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and Pangea. The failure of Pangea at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Use against or relating to Pangea or any indemnified party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Broomfield, Colorado and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at: support@pangeaorganics.com.

According to Pangea's Policies and Procedures, Beauty Ecologists may not use "Pangea" in any marketing initiatives unless accompanied by "Independent Beauty Ecologist." This includes email addresses, replicated website names, and Company Names. For more details, please refer to our Policies and Procedures.

© 2013 Pangea Naturals, Inc. All rights reserved.

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