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PELICAN.COM WEBSITE TERMS OF USE

Last revised: December, 2017

These Terms of Use (the “Terms of Use”) apply to the Pelican Products, Inc. website located at 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 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.

The Site and the Content may not be copied, distributed, transmitted, modified, reproduced, displayed, translated, published or used, in whole or in part, except with prior written authorization from Pelican. You may not frame or utilize framing techniques to enclose, or apply deep linking to, any Content without our express written consent from Pelican.

You may download information related to 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

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.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.

4. 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."

5. Provide your full legal name and your electronic or physical signature.

   Deliver this Notice, with all items completed, to our Copyright Agent:

   Legal Department
   Pelican Products, Inc.
   23215 Early Avenue
   Torrance, California 90505
   

   or
   jennifer.keefe@pelican.com
   

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).

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.

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.

Order Acceptance

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. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. 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.

Online Payments

You can purchase products and/or services on the Site. We accept credit and debit cards issued by U.S. banks. 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.

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 is 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 or 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

• ACCU-TEK is a trademark of Excel Industries, Inc.
• Apple, iPhone, iPad, iPad Air, iPad Pro, iPad mini and Apple Pencil are trademarks of Apple Inc.
• BERRETTA is a trademark of Fabbrica D'armi P. Beretta S.P.A.
• BERSA and THUNDER SERIES are trademarks of Eagle Imports, Inc.
• COLT, DEFENDER, and NEW AGENT are trademarks of Colt's Manufacturing Company LLC.
• DELL is a trademark of Dell Inc.
• DESIGNWORKS is a trademark of DesignworksUSA, Inc.
• DRAGONTRAIL is a trademark of Asahi Glass Company, Limited
• DUPONT and KEVLAR are trademarks of E.I. du Pont de Nemours and Company.
• GLOCK is a trademark of Glock, Inc.
• GoPro is a trademark of GoPro, Inc.
• GORE-TEX is a trademark of W.L. Gore & Associates, Inc.
• HK and UMP are trademarks of Heckler & Koch GmbH
• HP is a trademark of HP Hewlett Packard Group LLC
• KAHR is a trademark of Saello Enterprises Inc.
• KEL-TEC and P11 are trademarks of Kel-Tec CNC Industries Inc.
• LEXMARK is a trademark of Lexmark International, Inc.
• LG is a trademark of LG Corp.
• SAMSUNG, GALAXY, GALAXY S, GALAXY S ACTIVE, GALAXY NOTE, and GALAXY EDGE are trademarks of Samsung Electronics Co., Ltd.
• SIG and P232 are trademarks of Sig Sauer Inc.
• SMITH & WESSON are CHIEFS SPECIAL are trademarks of Smith & Wesson Corp.
• The Bluetooth® word mark is a registered trademark owned by the Bluetooth SIG, Inc., used under license.
• TIZIP is a trademark of Hartmut Ortileb
• UltraBook is a trademark of Intel Corporation or its subsidiaries in the U.S. and/or other countries.
• WALTHER and PPK/S is a trademark of Umarex GmbH & Co. KG
• XENOY is a trademark of Sabic Global Technologies
• YKK is a trademark of YKK Corporation.
• Google Pixel is a trademark of Google LLC.
• Realtree is a trademark of Jordan Outdoor Enterprises, Ltd.


• All other trademarks are registered and/or unregistered trademarks of Pelican Products, Inc., its subsidiaries and/or affiliates.

Address inquiries concerning usage of Pelican trademarks, copyrights, designs, or patents to Pelican Products, Inc., Legal Department, at 23215 Early Avenue, Torrance, California 90505.