The powerengineering.org Web Site (the "Site") is an online information and product ordering service provided by PanGlobal Training Systems ("PanGlobal "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. PANGLOBAL MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are PanGlobal, its affiliates or other third party licensors. You agree to grant to PanGlobal a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to PanGlobal by all means and in any media now known or hereafter developed. You also grant to PanGlobal the right to use your name only in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, provided this use is directly related to PanGlobal products. PanGlobal does not gain the right to deliver any information you have provided to third parties unless it is required for direct promotion of PanGlobal products. You agree that you shall have no recourse against PanGlobal for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PanGlobal.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of PanGlobal. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by PanGlobal, PanGlobal does not operate, control or endorse any information, products or services on the Internet in any way. Except for PanGlobal- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with PanGlobal. You also understand that PanGlobal cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. PANGLOBAL PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND PANGLOBAL SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. PANGLOBAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. PANGLOBAL HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PANGLOBAL BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR
ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PANGLOBAL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, PANGLOBAL'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PanGlobal makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-PanGlobal web site, please understand that it is independent from PanGlobal, and that PanGlobal has no control over the content on that web site. In addition, a link to a PanGlobal web site does not mean that PanGlobal endorses or accepts any responsibility for the content, or the use, of the referring web site.
3. Product Return Policy (Effective January 12, 2012 )
PanGlobal materials will be accepted for return within the following timeframes only:
Retail Customer: 30 Days following shipping date
Educator/Approved Reseller: 60 Days following invoice date
A Return Authorization Form must be completed, submitted and approved prior to return of products. The return of textbooks will be accepted only if all materials are in new condition (in original container with cellophane wrap intact and Notice to Reader sheet included). The purchase of e-Book access is not refundable if any of the website resources (content &/or tests) have been accessed. No returns will be accepted for Custom Products. Shipping costs for returned items are the customer's responsibility.
Returns Fees: A restocking fee is necessary due to costs incurred in warehousing and handling of returned stock. A processing fee has also been added to cover credit card charges.
Purchase Order customers (ie. Approved Educators and Resellers) will be charged 20% of the unit price originally charged for returned items.
Credit Card purchases for textbooks (online or phone orders) will be charged 25% of the unit price originally charged for returned items.
E-textbook and Online Assessment cancellations will be charged 20% of the unit price originally charged, based on the Return Policy guidelines.
Returns Process: To initiate the Returns process, you will need to complete a Return Authorization Form, found at www.powerengineering.org under 'Orders'. Include the original Order number (found on the Packing Slip or PO), quantity of returns, item description with ISBN, and individual price. Complete the Customer Name and contact information including email address for response, and indicate the reason for the Return. Once completed, select the 'Submit' button.
Once the form is received at PanGlobal, the related fees will be calculated and the Return Authorization Form will be assessed to ensure it meets the Return Policy timeframe and guidelines.
If approved, a copy of the Return Authorization Form, indicating fee calculations and refund amount, will be returned to the customer along with a Return Authorization Number and directions for returning the product.
Governance: This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between PanGlobal and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Canada . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PanGlobal's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PanGlobal may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend and hold harmless PanGlobal, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.The provisions of this agreement are for the benefit of PanGlobal and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Any rights not expressly granted herein are reserved.