Last revised: March, 2020
These Terms and Conditions (the “Terms and Conditions”) apply to the Pelican Products, Inc. website located at Pelican.com, and to other Pelican websites which link to these Terms and Conditions, 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 reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; 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 and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pelican or others.
These Terms and Conditions provide that all disputes between you and Company that in any way relate to these Terms and Conditions or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms and Conditions (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company.
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 and Conditions, 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 and Conditions by this reference. The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
User Reviews and Other Submissions
Our Site provides you with the ability to submit reviews regarding our products. If you submit, upload or post any reviews, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Pelican that you have the legal right and authorization to provide all User Generated Content to Pelican for the purposes and Pelican’s use as set forth herein.
Pelican shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner and for whatever purposes Pelican desires, including without limitation for marketing and advertising purposes. Pelican shall have the right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world, including on Site, third party social media and advertising sites such as Facebook, Twitter, etc., print and broadcast media, and other forms of publication. Pelican is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Pelican does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Pelican the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Pelican and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Pelican harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Pelican arising out of any User Generated Content you post or allow to be posted to the Site.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Pelican respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Pelican’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Pelican Products, Inc.
23215 Early Avenue
Torrance, California 90505
Site Security; Passwords
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).
Violations of system or network security may result in civil or criminal liability. Pelican may 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.
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Pelican. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Pelican at any time with or without cause. You agree to defend, indemnify and hold Pelican harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Pelican arising out of your breach of these Terms and Conditions or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
Accuracy and Integrity of Information; Colors
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.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
An order submitted by you constitutes an offer by you to us to purchase products or services on these Terms and Conditions and is subject to our subsequent acceptance. These Terms and Conditions, when accepted by you explicitly (e.g. when you click “Submit Order” to complete your purchase), by acceptance of goods or services, or otherwise, shall constitute the entire agreement between the parties on the subject hereof, superseding all prior oral or written communications and negotiations. Any prices, quotations and descriptions made or referred to on the Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit an order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Unless agreed otherwise or required by applicable law, any warranties provided only extend to you on the understanding that you are a user and not a reseller of the products purchased.
Quantity Limits; Design Changes; and Dealer Sales
Pelican reserves the right, at our sole discretion, to limit the quantity of items purchased. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Pelican and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Sale of products and services on this Site are intended for direct use only by the purchaser and not for dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any products from Pelican for the purpose of engaging in a commercial sale of that same products with a third party.
Except as otherwise agreed expressly between the parties, we may at any time furnish goods that include changes in design and construction of such goods as shall constitute an improvement in our judgment. We may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers.
You can purchase products and/or services on the Site. We accept credit and debit cards issued by U.S. banks for purchases being made in the U.S., and by Canadian banks for purchases being made in Canada. If a credit card account is being used for a transaction, Pelican may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Shipping and Delivery
All orders are shipped FOB Santa Ana, CA, unless otherwise specified. Risk of loss of the goods shall pass to you at the time the goods are tendered for shipment. The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are (a) exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and (b) exclusive of any tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of Products as such costs are specified by us on the Site when you submit your purchase order.
Delivery dates for purchased products and services are quoted in good faith, but are not guaranteed. We cannot assume any risk or liability for delay or nonfulfillment of shipments due to acts of God, war, strikes, breakdown, fires, government orders, or other causes beyond our control. Delivery shall be to a valid address in the Territory submitted by you and subject to acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order. If you refuse or fail to take delivery of products provided in accordance with these Terms and Conditions, any risk of loss or damage to the products shall nonetheless pass and without prejudice to any other rights or remedies we have, when the products are delivered to a shipper for delivery to the Delivery Address. Except to the extent required as a result of any mandatory rights you have under applicable law, you shall not be entitled to reject any shipment in whole or in part by reason of short delivery unless you notify us in writing of any claim within 7 days of delivery. Where we deliver product in installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
You may return products in accordance with our Returns Policy posted on our Site.
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.
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.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. PELICAN DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
NO WARRANTY, COMMITMENT OR ANY OTHER OBLIGATION SHOULD EVER BE ASSUMED BY YOU ON OUR BEHALF WITHOUT OUR EXPRESS PRIOR WRITTEN CONSENT. WARRANTIES RELATING TO PRODUCTS OR SERVICES 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 OR SERVICES.
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. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF PELICAN TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS FIVE HUNDRED DOLLARS ($500).
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 for purchases being made in the U.S., and Canada for purchases being made in Canada. You agree that you shall comply with all applicable import, export, and anti-corruption statutes and regulations of the United States and/or Canada, as applicable. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. 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, antiboycott, or economic sanctions laws and regulations.
Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Pelican agree that any dispute, claim or controversy arising out of or relating in any way to these Terms and Conditions or your use of the Site, including products and services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms and Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pelican are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and Conditions and any other contractual relationship between you and Pelican.
If you desire to assert a claim against Pelican, and you therefore elect to seek arbitration, you must first send to Pelican, by certified mail, a written notice of your claim ("Notice"). The Notice to Pelican should be addressed to: Pelican Products, Inc., Attn: Legal Department or General Counsel, at 23215 Early Avenue, Torrance, California 90505 ("Notice Address"). If Pelican desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Pelican, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Pelican and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Pelican may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Pelican or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Pelican receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms and Conditions. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms and Conditions, including this arbitration agreement. Unless Pelican and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Pelican’s last written settlement offer made before an arbitrator was selected (or if Pelican did not make a settlement offer before an arbitrator was selected), then Pelican will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pelican agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this arbitration provisions are found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms and Conditions shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Los Angeles County, California.
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.
If any of the provisions of these Terms and Conditions 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 and Conditions, so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions 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 and Conditions shall not be construed as a waiver by Pelican of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between Pelican and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
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.
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