Terms and Conditions
Last revised January, 2017
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.
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.
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 product / service 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.
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 (except for orders, including pre-orders, paid for with a gift card or PayPal account which are charged at the time you place your order, not when 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.
Quantity Limits and Dealer Sales
You can purchase products on the Site via PayPal (including credit and debit cards via PayPal), Standard PayPal terms and conditions apply. 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.
Site Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
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.
Other Terms and Conditions
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.
- 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:
Pelican Products, Inc.
23215 Early Avenue
Torrance, California 90505
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. Additionally, 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.
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.
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
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.
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.