Online Store Conditions of Use (Terms of Service) for pacelearning.com
Welcome to our online store!
Pace Learning Systems, Inc. provides its services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our policies and practices.
When you visit Pace Learning Systems, Inc. or send emails to us, you are communicating with us electronically. When you initiate electronic communications with us, you consent to receive electronic communications from us. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to electronically, whether it displayed for you on our site directly or sent to you as content in an email, satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pace Learning Systems, Inc. or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Pace Learning Systems, Inc., with copyright authorship for this collection by Pace Learning Systems, Inc., and protected by international copyright laws.
Pace Learning Systems, Inc’s trademarks and trade dress may not be used in connection with any product or service that is not owned by Pace Learning Systems, without express permission from Pace Learning Systems. Pace Learning Systems, Inc’s trademarks and trade dress may not be used in any manner that may reasonably be expected to cause confusion among customers or potential customers, or in any manner that disparages or discredits Pace Learning Systems, Inc. All other trademarks not owned by Pace Learning Systems, Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pace Learning Systems, Inc. or its subsidiaries.
LICENSE AND SITE ACCESS
Pace Learning Systems, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pace Learning Systems, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, names or prices; any derivative use of this site or its contents, any published writings, or descriptive phrases and messaging; or any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pace Learning Systems, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images, text, page layout, or form) of Pace Learning Systems, Inc. and our associates without express written consent. You may not collect and use any meta tags or any other “hidden text” utilizing Pace Learning Systems, Inc’s name or trademarks without the express written consent of Pace Learning Systems, Inc. Any unauthorized use terminates the permission or license granted by Pace Learning Systems, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Pace Learning Systems, Inc. so long as the link does not portray Pace Learning Systems, Inc., its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pace Learning Systems, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Pace Learning Systems, Inc. and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pace Learning Systems, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Pace Learning Systems, Inc. and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pace Learning Systems, Inc. and its associates and sublicensees the right to use the name or screen name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pace Learning Systems, Inc. or its associates for all claims resulting from content you supply. Pace Learning Systems, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Pace Learning Systems, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Pace Learning Systems, Inc. are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We reserve the right to recall items that we have passed to the carrier, or delay the shipment of orders indefinitely, when we believe it is necessary to ensure quality delivery in your best interest, or in order to recall and refund entirely, at our sole discretion, any shipped orders that have not been delivered.
Pace Learning Systems, Inc. and its associates attempt to be as accurate as possible. However, Pace Learning Systems, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Pace Learning Systems, Inc. itself is not as described, your sole remedy is to return it in unused, saleable condition. You must bear the cost of returning items for refund that are placed through our online store. All refunds for orders placed through our online store must be refunded within 14 days of proof of order delivery. Orders less than $250.00 USD are not refundable. Orders greater than $250.00 USD are only refunded when returned in entirety, in unused, saleable condition. All refunded orders are assessed a 10% surcharge for restocking. Pace Learning Systems does not provide partial refunds.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Pace Learning Systems, Inc. ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pace Learning Systems, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Pace Learning Systems, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Pace Learning Systems, Inc. will never knowingly spread harmful electronic content, however Pace Learning Systems, Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Pace Learning Systems, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pace Learning Systems, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. You agree that you are responsible for determining any additional rights you may have that are not specified in Pace Learning Systems’ Conditions of Use.
By visiting Pace Learning Systems, Inc., you agree that the laws of the state of Alabama, United States of America, 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 Pace Learning Systems, Inc. or its associates.
Any dispute relating in any way to your visit to Pace Learning Systems, Inc. or to products you purchase through Pace Learning Systems, Inc. shall be submitted to confidential arbitration in Alabama, United States of America, except that, to the extent you have in any manner violated or threatened to violate Pace Learning Systems, Inc’s intellectual property rights, Pace Learning Systems, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Alabama, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators 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 under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Pace Learning Systems, Inc. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.