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PELICAN.COM WEBSITE TERMS OF USE

Last revised: August, 2012

These Terms of Use (the “Terms of Use”) apply to the Pelican Products website located at www.pelican.com, and to other Pelican websites which link to these Terms of Use, e.g., www.pelicanprogear.ca and www.pelicanprogear.com.au (collectively, the “Site”). The Site is the property of Pelican Products, Inc., its subsidiaries and affiliates (collectively, “Pelican”) and its licensors.  Pelican also owns and operates its Pelican ProGear United States site at www.pelicanprogear.com website. Please visit www.pelicanprogear.com  for the Terms of Use applicable to our Pelican ProGear website. Pelican reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pelican or others.

Please reference our Privacy Policy for a description of our practices with respect to the collection, use and sharing of personal information.

Website Content and Ownership of the Site
The Site, and all text, files (including CAD files), graphics, photographs, trademarks, logos and other content (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to Pelican, and is protected by United States and international trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  

Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by Pelican. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Pelican without our express written consent.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way for publication or distribution or for any commercial enterprise, without Pelican’s express prior written consent.

You may use information on Pelican’s products (such as specification sheets and similar materials) and other materials made available by Pelican for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to any Pelican products.

Other Terms and Conditions
Additional terms and conditions stated on our website may apply to purchases of goods and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Trademark Information
Patent Information
Pelican's Idea Submission Policy
Confidential Information Terms and Conditions

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Pelican will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Pelican on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Your use of CAD Files and other Pelican confidential information are subject to Pelican’s Confidential Information Terms and Conditions.

Accuracy and Integrity of Information
Although Pelican attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Pelican so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Pelican shall have no responsibility or liability for information or Content posted to the Site from any non-Pelican affiliated third party.

Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Pelican’s control, and Pelican is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.   

WARRANTY DISCLAIMERS

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. PELICAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY PELICAN ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL PELICAN BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF PELICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Export Restrictions; Indemnity

The manufacture, shipment, and delivery of all Products are subject to any prohibition, restriction, priority, allocation, regulation or condition imposed by, or on behalf of, the United States.  You agree that you shall comply with all applicable import, export, and anti-corruption statutes and regulations of the United States. You agree to indemnify and hold us harmless from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control laws and regulations.

Submission To Jurisdiction & Venue; Governing Law; Limitation Of Action
Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms of Use shall be brought against either of the parties in the state or federal courts located in California, and each of the Parties consents to the jurisdiction of such courts in any such action or proceeding and waives any objection to venue, including any defense of inconvenient forum. A final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity.

These Terms of Use shall be governed by the laws of California without giving effect to any choice or conflict of law principle, provision or rule, whether of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other than California. The United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use.

Any and all claims arising out of or related to these Terms of Use, or any agreement related to these Terms of Use or executed concurrently with this Agreement, or the relationship of the parties shall be barred unless commenced within one (1) year from the date the complaining party knew or should have known of the facts giving rise to such claim, or the statute of limitations applicable to that claim under California law, whichever is shorter.

Patent Information
Pelican Products, Inc. owns numerous patents and pending patent applications throughout the world. Various designs and products of Pelican Products, Inc., its affiliates and its subsidiaries may be protected by one or more patents or covered by one or more pending patent applications. A list of some of our patents and patent applications may be accessed here.

Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Pelican with regard to your use of the Site. Pelican’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Pelican of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Pelican and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Guidelines for Using Pelican’s Trademarks

These guidelines are for authorized dealers wishing to use Pelican’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, unless Pelican has provided you with other written trademark usage guidelines. Use of Pelican trademarks are prohibited, unless expressly authorized in writing by Pelican.
Pelican’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help Pelican protect its valuable trademark rights and strengthen its corporate and brand identities. By using a Pelican trademark, in whole or in part, you are acknowledging that Pelican is the sole owner of the trademark and promising that you will not interfere with Pelican’s rights in the trademark, including challenging Pelican’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Pelican trademark. The goodwill derived from using any part of a Pelican trademark exclusively inures to the benefit of and belongs to Pelican. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.

Authorized Use of Pelican Marks
When using any Pelican trademark with printed or electronic content and materials, a trademark attribution notice must be included in the credit section giving notice of Pelican’s ownership of its trademark(s). Please refer to the sections below titled “Proper Trademark Use and Listing” and “Trademark Notice and Attribution.” An appropriate trademark notice symbol should be used at least once per page in any instance where a mark appears (e.g., websites, printed materials, packaging, advertising, etc.). Trademark notice is recommended at the first or most prominent appearance of the mark on each page.

Proper Trademark Use and Listing

PELICAN-HARDIGG
ADVANCED CASE SOLUTIONS™
PELI-HARDIGG
ADVANCED CASE SOLUTIONS™
BIG D™
BIG ED™
BLACK KNIGHT™
DINGHY DOLLY™
HARDBACK™
HEADSUP LITE™
KINGLITE™
LASERPRO™
LITTLE ED™
MICRO CASE SERIES™
MINI FLASHER™
MITYLITE™
NEMO™
PELI™
PELICAN™
PELICAN
You break it, we replace it . . . forever.™
PELICAN-HARDIGG™
PELICAN PROGEAR™
PELI-HARDIGG™ PELI PROGEAR™
PELILITE™
PICK N PLUCK™
POCKET SABRE™
POCKET SABRELITE™
PROTECTOR CASE™
RECOIL™
RECOIL LED TECHNOLOGY™
SABRELITE™
STEALTHLITE™
TEST THE LIMITS™
TRACKER™
VERSABRITE™
VB3™
You break it, we replace it . . . forever.™
The L and M series lights should be displayed as follows:
PELICAN™ M9™ rechargeable flashlight
or L1™ LED flashlight
DEFY THE ELEMENTS™
DOUBLE DUTY™
EASY RACK™
HARDIGG™
HARDIGG CASES™
LOCK ‘N LOAD™
MAC RACK™
MOBILE ARMORY™
MOBILE IT™
MOBILE MASTER™
MOBILE MEDICAL™
MOBILE OFFICE™
PRORACK™
SKID-MATE™
SKID-MATE+PLUS™
STORM CASE™
SUPERMAC™
TACTICOOL™
TANK MATE™
VERSAFILL™
VORTEX™

Peli
Pelican
Pelican

Peli

Storm Case

Storm

 

The foregoing list is subject to change. The absence of a brand, logo, trademark, service mark or trade name from this list is not a waiver of any of Pelican’s rights in such brand, logo, trademark, service mark or trade name

Trademark Notice and Attribution

“All trademarks are registered and/or unregistered trademarks of Pelican Products, Inc., its affiliates or subsidiaries.”
Address inquiries concerning usage of Pelican trademarks, copyrights, designs, or patents to Pelican Products, Inc., Legal Department or to General Counsel, at 23215 Early Avenue, Torrance, California 90505.