TOS

Pangaea Services Incorporated Terms of Service and End User License Agreement

Revised: November 7, 2012.

Pangaea Services Incorporated, a service of Pangaea Services Inc. A Delaware Corporation welcomes you as a subscriber (“you” or “subscriber”) to its services. Pangaea Services Incorporated will provide its services to you subject to the following terms and conditions. The Terms and Conditions apply to all of your Pangaea Services Incorporated services, past, present and future until changed or replaced by new terms and conditions. The services and products provided by Pangaea Services Incorporated are intended solely for users who are 18 years of age or older.

PLEASE READ THIS DOCUMENT BEFORE USING ANY Pangaea Services Incorporated Product or service. KEEP A COPY IN A SAFE PLACE. READ AND KEEP A COPY OF ANY ADDITIONAL Pangaea Services Incorporated DOCUMENTS GIVEN OR SENT TO YOU. ANY Pangaea Services Incorporated DOCUMENTS WHICH SAY THEY BECOME PART OF YOUR Pangaea Services Incorporated TERMS AND CONDITIONS SHALL BECOME PART OF THESE TERMS AND CONDITIONS IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.

YOUR Pangaea Services Incorporated SERVICE AND WHAT YOU NEED. In order to use Pangaea Services Incorporated, you must have a supported smartphone. The Pangaea Services Incorporated service is compatible with all mobile phone carriers, that offer internet connectivity.

In order to use Pangaea Services Incorporated service, you must download the Pangaea Services Incorporated application (the “App”) on your mobile phone, register your Subscriber information within the application and on our website. Each Subscriber must have a unique subscribed mobile phone number.

Acceptance

IMPORTANT, PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE, THE APP, OR THE Pangaea Services Incorporated DEVICE. BY ACCESSING THE SITE OR INSTALLING THE APPLICATION YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREETO ALL THE TERMS AND CONDITIONS BELOW, THEN YOU MAY NOT ACCESS THE SITE USE THE APP, OR THE Pangaea Services Incorporated DEVICE.
Pangaea Services Inc. reserves the right to change, add, or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately upon the posting to the site or the App terms of use, and continued use of the site or the App by you after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision of the effective date posted on the applicable webpage. You will be deemed to have accepted the Agreement as amended if you continue to use the Site after any amendments are posted on the site.

1. Definitions. Unless the context requires otherwise, the defined terms in this Agreement shall have the meanings set out below (and where the context so admits the singular shall include the plural and vice versa). “Documentation” means the applicable installation guide or standard end user documentation prepared and supplied by Pangaea Services Incorporated for the specific type and version of Software or Service, including any safety instructions. “Software” means any Pangaea Services Incorporated software or application provided to you under this Agreement, in whatever form, medium or manner provided or subsequently installed or used including updates, new releases and versions. “Service” means any Pangaea Services Incorporated service provided to You including any service for which You subscribe, and any new Pangaea Services Incorporated service or modification to an existing Pangaea Services Incorporated service that Pangaea Services Incorporated provides, or otherwise makes available to You from time-to-time. The Service includes any service, however same is made available to You including through handheld devices, the Pangaea Services Incorporated website, and any form of messaging including e-mail, instant messaging, SMS, phone, video, IP telephony, and any other means of telecommunication now known or later developed. Pangaea Services Incorporated may change the Services or add or delete features at any time for any reason.

2. Eligibility. The Service is available only to individuals who are at least 18 years old and have otherwise achieved the age of majority in the applicable jurisdiction so as to be able to legally enter into this agreement. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration and other information you submit or provide to Pangaea Services Incorporated is accurate and truthful. Pangaea Services Incorporated may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

3. Privacy. Pangaea Services Incorporated knows that you care about how your personal information is used and shared, and we take your privacy seriously. By visiting or using Pangaea Services Incorporated’s website or Pangaea Services Incorporated’s Services or Software or by agreeing to the terms of this Agreement, You agree to the terms and conditions of Pangaea Services Incorporated’s Privacy Policy, which is available at (website name here).

4. Territory. The Services are intended for use only in the United States. Pangaea Services Incorporated may change the Territories by posting a change on its website and such posting shall be deemed to be notice of the change.

5. Term. This Agreement shall be effective upon Your agreeing to be bound by the terms of this Agreement (as described in the preamble above) and shall continue in effect unless terminated in accordance with the provisions set out herein.

6. Software and Documentation License. The Software and any Documentation is licensed and not sold to you. This Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You to use the Software on the make and model of the handheld device for which it is supplied solely in connection with the Services, and to access the Services, and for no other purposes. You may not copy, reproduce or distribute the Software. You will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Software or Your entitlement to use the Services.

7. Updates. The Software may include functionality to automatically check for updates or upgrades to the Software. You hereby agree that Pangaea Services Incorporated may make such updates or upgrades available to you from time-to-time. Such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Software or Service is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.

8. Use of the Software and Services. The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity (and “Intellectual Property Right”), (ii) violates any law or contractual duty or that You know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by Pangaea Services Incorporated in its sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities and/or sales without Pangaea Services Incorporated’s prior written consent; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Pangaea Services Incorporated or any third party; (vii) or impersonates any person or entity, including any employee or representative of Pangaea Services Incorporated. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Pangaea Services Incorporated in its sole discretion) an unreasonable or disproportionately large load on Pangaea Services Incorporated’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Pangaea Services Incorporated may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); or (iv) run any form of auto-responder or “spam” on the Service. You also agree that you will only use the Software and Services in accordance with this Agreement, all applicable laws.

9. Your Content: By transmitting any message, communication, information or data including photos, location information, alerts or responses (“Content”), You grant Pangaea Services Incorporated and its affiliates an irrevocable license to collect, use, store, handle, reproduce, display, perform, and transmit such Content for the purpose of providing the Services. You represent and warrant, and can demonstrate to Pangaea Services Incorporated’s full satisfaction upon request that you (a) own or otherwise control all rights to all Content, or that the Content is in the public domain, (b) you have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (c) you are authorized to grant all of the aforementioned rights to the Content to Pangaea Services Incorporated .

10. Ideas and Suggestions. Pangaea Services Incorporated wishes to continually add to and expand its Services. Pangaea Services Incorporated welcomes any ideas, suggestions, or feedback, related to its Software or Services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide Pangaea Services Incorporated with any ideas, whether orally, in writing, or in any other way, you grant Pangaea Services Incorporated a non-exclusive, worldwide, royalty-free, sub-licensable and non-revocable license to develop, make, have made, reproduce, have reproduced, import, modify, make derivative works of, sell, and offer to sell ideas as part of Pangaea Services Incorporated’s technology, products or services. You shall not knowingly provide Pangaea Services Incorporated with any idea that is subject to third party intellectual property rights or that includes or reveals any confidential information of any person.

11. Third Party Content and Services. The Services or Software may permit you to link to other websites, services or resources. When you access third party websites, services or resources, you do so at your own risk. They are not under Pangaea Services Incorporated’s control, and you acknowledge that Pangaea Services Incorporated is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by Pangaea Services Incorporated or any association with its operators. You further acknowledge and agree that Pangaea Services Incorporated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.

12. Payments and Fees. If you decide to subscribe to our monitoring service you shall be charged the monthly service fee in effect on the date you subscribe. Pangaea Services Incorporated may modify the applicable fees at any time without prior notice. Your payment to Pangaea Services Incorporated of all fees and any additional applicable charges and taxes, must be made by your valid credit card (or such other form of payment as may be acceptable to Pangaea Services Incorporated in its sole discretion) and, except as otherwise provided herein, all fees and charges are non-refundable. Fees may be reimbursed at the sole discretion of Pangaea Services Incorporated on a case by case basis.

13. Telecommunications Services. Pangaea Services Incorporated has no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the Software or services. Internet connectivity or GPS connectivity may be required for certain features to operate.

14. Intellectual Property Rights. You do not acquire hereby any Intellectual Property Right in or relating to the Software or services. Any rights not expressly granted herein are expressly reserved.

15. Export Restrictions. You agree that the Software will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you.

16. Confidentiality. You agree that the Software was developed at considerable time and expense by Pangaea Services Incorporated and is confidential to and contains trade secrets of Pangaea Services Incorporated. Except to the extent that Pangaea Services Incorporated is expressly precluded by law from prohibiting these activities, You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the Software or Service, or (ii) modify, translate, or otherwise create derivative works of any part of the Software or Services. You shall abide by all applicable local, provincial, state, national and international laws and regulations.

17. Termination and Service Suspensions. If you breach this Agreement Pangaea Services Incorporated may terminate this Agreement by providing you with a notice of termination. You will be deemed to be in breach of this Agreement and Pangaea Services Incorporated will have the right to terminate this Agreement upon providing notice if any monthly or other fees associated with the Software or Services are not paid within thirty (30) days of their becoming due. In addition, Pangaea Services Incorporated may terminate this Agreement and/or immediately cease to provide the Service(s) without any liability whatsoever by providing you with notice of at least thirty (30) days. Pangaea Services Incorporated shall not have any liability to you arising from or related to the termination of this Agreement in accordance with this Section. Upon termination of this Agreement: (a) You will cease all use of the Software and, if possible, permanently delete all copies of the Software in Your possession or control; and (b) Pangaea Services Incorporated shall also have the right to cease providing the Services to You. Pangaea Services Incorporated may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by Pangaea Services Incorporated.

18. Limited Warranty (30 day return policy/1 year limited Warranty).
Our Return Policy: Our goal is simple: if you’re not 100% satisfied with your Pangaea Services Incorporated purchase, RETURN IT! We accept claims and or returns up to 30 days from date of purchase. A 15% restocking fee with be deducted from your refund. Returns should be shipped by UPS. Please include your UNUSED product, original receipt and all product packaging. Credits are only issued for product returned as unused and in the same condition as originally sold. Please ship to:

Mitco Limited
2302 B street, NW #101
Auburn, WA. 98006
Attn: RMA

Please allow at least two billing cycles from the date of return for us to issue a credit card credit. Credits are only issued for product returned as unused and in the same condition as originally sold.

DAMAGED/MISSING MERCHANDISE: In the case of merchandise that may arrive damaged or missing, i.e. broken bottle, please e-mail us immediately so that we may make UPS aware of the problem. You must keep all packing and shipping boxes or a claim cannot be filed on your behalf.

Pangaea Services Incorporated does not warrant that the operation of the Product will be uninterrupted or error-free. Pangaea Services Incorporated is not responsible for damage arising from failure to follow instructions relating to the Product’s use. This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Pangaea Services Incorporated or if the Product is inserted or installed in a casing not provided by Pangaea Services Incorporated. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Pangaea Services Incorporated products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Pangaea Services Incorporated or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Pangaea Services Incorporated. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. An empty pepper spray canister does not constitute a defect. The customer takes full responsibility for replacing empty canisters; in addition if the pepper spray itself damages a cell phone or any other electronics, Pangaea Services Incorporated is not responsible for reimbursement or replacements of any kind. This Limited Warranty does not cover the cost of returning the Product to Pangaea Services Incorporated; this is your responsibility. No Pangaea Services Incorporated reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Limitation of Damages: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Pangaea Services Incorporated SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY. Consumer Protection: Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.

19. Exclusion of Certain Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL Pangaea Services Incorporated BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES RELATED TO OR ARISING FROM PERSONAL INJURIES OR DEATH, MEDICAL OR HEALTH COSTS OR EXPENSES, OR MENTAL DISTRESS, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF INFORMATION, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR SERVICES INCLUDING THE USE OR INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR SERVICES, WETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF Pangaea Services Incorporated HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.*The use of pepper spray may result in serious injury or even death in very rare instances. Pangaea Services Incorporated assumes no liability for any injury, impairment, or death resulting from the use of its products; this limitation of liability includes any form of misuse or malfunction resulting from improper use or storage of the “device” and contents.

Pangaea Services Incorporated SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO Pangaea Services Incorporated AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS.

Pangaea Services Incorporated IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE Pangaea Services Incorporated, IT’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS, THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF Pangaea Services Incorporated, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH Pangaea Services Incorporated IN CONNECTION WITH THE SERVICES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF Pangaea Services Incorporated HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE SERVICES.

20. Assignment. Pangaea Services Incorporated may assign this Agreement without notice to “You”. You shall not assign this Agreement without the prior written consent of Pangaea Services Incorporated and any assignment without Pangaea Services Incorporated’s prior written consent shall be of no effect. Pangaea Services Incorporated may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractor or subcontractors or its affiliates.

21. Notices. Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed to You at the billing address supplied to Pangaea Services Incorporated by “You”, and addressed to Pangaea Services Incorporated at.PO Box 358 Pebble Beach CA 93953 In addition to the foregoing, Pangaea Services Incorporated may, at its option, give “You” any notice under this Agreement electronically. Electronic notice to “You” shall be deemed to have been duly given when transmitted to an address furnished by “You” to Pangaea Services Incorporated.

22. Force Majeure. Notwithstanding any other provision of this Agreement, neither Party shall be in default or breach of this Agreement for failure to fulfill its obligations when due to or contributed by causes beyond its reasonable control. An act of Force Majeure shall be deemed to include: an act of god such as without limitation a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock-out, labor dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.

23. Indemnification. You shall defend, indemnify, and hold harmless Pangaea Services Incorporated, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services or Software or Your breach of this Agreement.

24. General. This Agreement (and any additional terms and conditions with which Pangaea Services Incorporated supplements this agreement) is a complete statement of the agreement between you and Pangaea Services Incorporated. The suppliers, agents, employees, distributors, and dealers of Pangaea Services Incorporated are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Pangaea Services Incorporated. Any waiver of the terms herein by Pangaea Services Incorporated must be in a writing signed by an authorized officer of Pangaea Services Incorporated and expressly referencing the applicable provisions of this Agreement. Pangaea Services Incorporated shall be not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, delays in the operation of any network or system, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Pangaea Services Incorporated’s affiliates and Pangaea Services Incorporated and its affiliates’ employees, contractors, directors, suppliers and representatives are intended third party beneficiaries for the purpose of the Sections of this Agreement entitled, “Limited Warranty” “Limitations of Liability”, “Exclusion of Certain Damages”, and “Disclaimers”. Except as otherwise specifically stated in this Section, the provisions herein are for the benefit of the Parties and not for any other person or entity. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement. To the extent any provision or portion thereof of this Agreement is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that provision or portion thereof will not affect: (a) the legality, validity or enforceability of the remaining provisions of this Agreement; or (b) the legality, validity or enforceability of that provision in any other jurisdiction, and that provision (or portion thereof) will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.

25. Language. The parties have required that this Agreement and all documents relating thereto be drawn up in English.

27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the Parties relating to the Software or Services other than as set out in this Agreement. This Agreement supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the Parties, whether oral or written, with respect to the subject matter hereof, and You acknowledge that You have not relied on any of the foregoing in agreeing to enter into this Agreement. The Parties may amend this Agreement at any time upon mutual agreement.

28. Changes to Agreement. Except to the extent that Pangaea Services Incorporated is expressly precluded by applicable law, Pangaea Services Incorporated further reserves the right to make changes to this Agreement either to reflect changes in business practices, or to reflect changes in or required by law, by providing You with reasonable notice of the change either electronically (as contemplated by the Notice provision above) or by posting notice of the change to PO Box 358 Pebble Beach, CA 93953. If you continue to use the Software and/or the Service more than sixty (60) days after notice of the change has been given you shall be deemed to have accepted this change.