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TERMS AND CONDITIONS OF USE Legal Information & Notices Agreement to Terms of Use These Terms and Conditions of Use (the “Terms of Use”) apply to Pelican’s website located at www.pelican.com, and all associated sites linked to www.pelican.com by Pelican Products, Inc., its subsidiaries and affiliates, including Pelican sites around the world (collectively, the “Site”). The Site is the property of Pelican Products, Inc. (“Pelican”) and its licensors. 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. Website Content All text, graphics, photographs, trademarks, and logos (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to Pelican, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 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 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 Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. Links to Other Sites and to the Pelican Site 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. 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. 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. Export Laws; Indemnity You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. You shall indemnify and hold harmless Pelican 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. 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 those 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 may be prohibited, unless expressly authorized. 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, 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
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. Patent Information
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. |
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