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Terms
and Conditions
These Terms and Conditions of Use
("Terms and Conditions") apply to your use of and
registration with GlobalPelican.com (the "Site").
Please Read these Terms and Conditions Before Accessing, Browsing,
or Otherwise Using the Site. Your
access to, and browsing, review and use of the Site is subject
to these Terms and Conditions and all applicable laws. By
accessing and using the Site, you accept these Terms and Conditions,
without limitation or qualification. If you do not agree to
the Terms and Conditions, do not use the Site. If, at any
time, any part of the Terms and Conditions is no longer acceptable
to you, immediately terminate your use of the Site.
Right
to Change, Modify or Delete the Terms and Conditions
Global Pelican
reserves the right to change, modify, add or delete portions
of the Terms and Conditions at any time, without prior notice.
Please re-review the Terms and Conditions periodically for
changes. Your continued use of the Site will mean that you
accept such changes or deletions.
Privacy
Please refer
to Global Pelican's Privacy Policy
for information regarding the Company's collection, use, and
storage of users' information.
Use of
Site Content
This Site and all
the information it contains, or may in the future contain,
including, but not limited to, articles, memoranda, bulletins,
reports, press releases, opinions, text, directories, guides,
photographs, illustrations, trademarks, trade names, service
marks and logos (collectively, the "Content"), is
the property of Global Pelican, and is protected from unauthorized
copying and dissemination by U.S. Copyright law, trademark
law, international conventions, and other intellectual property
laws. Certain of the trademarks and logos displayed on the
site are owned by third parties. Except as we have described
in these Terms of Use, nothing contained on this Site should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use this Site or any Content displayed
on this Site, through the use of framing or otherwise, without
the prior written permission of Global Pelican or such third
party that may own the trademark or copyright of material
displayed on this Site.
Global Pelican
encourages and permits links to Content on the Site. However,
Global Pelican is an organization committed to the highest
professional standards. Therefore, Global Pelican does not
grant any license or other permission for links or other use
of the Site or its Content if such use or link: (a) suggests
that Global Pelican promotes or endorses any third partys
causes, ideas, political campaigns, web sites, products or
services, (b) copies, displays, disseminates or otherwise
uses the Content without Global Pelicans express written
consent, or (c) uses the Content for commercial purposes.
Furthermore, Global Pelican does not grant its consent for
links to the Site where the linking party engages in any Prohibited
Conduct (as described in these Terms of Use). We reserve the
right to withdraw permission for any link at any time.
Subject to
your full compliance with these terms, Global Pelican authorizes
you to view the Content, make a single copy of it, and print
that copy, but only for your own lawful, personal, noncommercial
use, provided that you maintain all copyright, trademark and
other intellectual property notices contained in such Content,
and provided that the Content, or any part thereof, is not
modified.
Responses
To Online Requests
From time to
time, Global Pelican may offer to provide information or materials
via e-mail or otherwise to interested persons. Global Pelican
reserves the right, in its absolute discretion, to reject
any requests for such information or materials, or to discontinue
the provision of such information or materials to any person,
for any reason whatsoever.
Prohibited
Conduct.
You may use the
Site for lawful purposes only. You may not upload to, or distribute
or otherwise publish through the Site, any Content that is
any of the following:
is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening,
or otherwise objectionable to Global Pelican in the Company's
sole discretion; ·
contains computer viruses, worms, moles or other contaminating
or destructive elements; ·
violates the rights of others, such as Content that infringes
any copyright, trademark, patent, trade secret or violates
any right of privacy or publicity; ·
contains any false or misleading statement; ·
contains advertising; or ·
otherwise violates any applicable criminal or civil law. You
may not use the Site for any commercial purpose and may not
distribute over the Site any solicitation of funds, goods
and services. In addition, you may not use the Site to solicit
subscribers to join other online information services that
are competitive with the Site.
Content Management and Removal
Global Pelican
does not and cannot review generally the content posted by
users of the Site ("Users' Content") and is not
responsible for such Users' Content. However, Global Pelican
reserves the right to cancel your access to these areas and/or
delete, move, or edit any Users' Content (including messages
posted in any forum) that it may determine, in its sole discretion,
violates the Terms of Use. You shall remain solely responsible
for all Users' Content posted by you or by any other person
using your account. Global Pelican shall have the right, but
not the obligation, to correct any errors or omissions in
any Users' Content, as it may determine in its sole discretion.
Global Pelican
prohibits the posting of any information that infringes or
violates the copyright rights and/or other intellectual property
rights (including rights of privacy and publicity) of any
person or entity. If you believe that your intellectual property
right (or such a right that you are responsible for enforcing)
is infringed by any content on the Site, please write to Global
Pelican at the below address, giving a written statement that
contains the following information: (a) an identification
of the copyrighted work and/or intellectual property right
claimed to have been infringed; (b) an identification of the
allegedly infringing material on the Site that is requested
to be removed; (c) your name, address, and daytime telephone
number, and an e-mail address if available; (d) a statement
that you have a good faith belief that the use of the copyrighted
work and/or exercise of the intellectual property right is
not authorized by the owner, its agent, or the law; (e) a
statement that the information in the notification is accurate,
and, under penalty of perjury, that the signatory is authorized
to act on behalf of the owner of the right that is allegedly
infringed; and (f) the signature of the intellectual property
right owner or someone authorized on the owner's behalf to
assert infringement of the right. Global Pelican will remove
any posted submission that infringes the copyright or other
intellectual property right of any person under U.S. law upon
receipt of such a statement (or any statement in conformance
with 17 U.S.C. § 512(c)(3)). U.S. law provides significant
penalties for submitting such a statement falsely. Under appropriate
circumstances, persons who repeatedly submit infringing or
unlawful material will be prohibited from posting further
submissions. Global Pelican's contact for submission of notices
under this section is: General Counsel, The Boston Consulting
Group, Inc. Exchange Place, 6th Floor, Boston, Massachusetts
02109.
Non-Endorsement.
Global Pelican does
not represent or endorse the accuracy or reliability of any
Users' Content displayed, uploaded, posted on any message
board, or otherwise distributed through the Site by any subscriber,
information provider or any other third party. Global Pelican
expressly disclaims any liability related to Users' Content,
and you acknowledge that any reliance upon such Subscriber
Content shall be at your sole risk.
The Site
may contain links to sites on the Internet that are owned
and operated by third parties (the "External Sites").
You acknowledge that Global Pelican is not responsible for
the availability of, or the content or software applications
located on or through any External Site. You should contact
the site administrator or Webmaster for those External Sites
if you have any concerns regarding such links or External
Sites.
Subscriber
Qualifications
When registering
with or applying to Global Pelican you must provide accurate,
complete, and current registration information and you agree
to provide Global Pelican with any updates to that information
promptly after such changes occur.
Individual subscriptions
to the Site are available only to persons who are at least
18 years of age. Minors may receive access keys or user id/passwords
only as part of an authorized group subscription. Your right
to use the Site is personal to you and cannot be transferred
to any other person.
You shall
be responsible for obtaining communication services, computer
equipment and other products or services necessary to access
and use the Site. You shall be responsible for all charges
associated with accessing and maintaining a connection to
the Site including, but not limited to, charges imposed by
an Internet service provider, or your local telephone company.
Registrant
Information
Unless you elect
otherwise by making the appropriate selection on the Global
Pelican personal information page, Global Pelican shall have
the right to disclose certain limited registrant information
including, but not limited to, the registrant's name, e-mail
and mailing address, to affiliates, partners and third party
vendors for the purpose of providing registrants with information
about products and services. Global Pelican shall also have
the right to disclose aggregate information about registrant
usage and demographics in a manner that does not reveal the
personal identity of any individual registrant. Global Pelican
shall have the right to send you electronic mail to inform
you of changes or additions to the Site, or of any products
and services of Global Pelican. For additional information,
see the Company's Privacy Policy.
Third
Parties
Global Pelican
may provide you with links to third party Web sites, and some
of the Content appearing to originate from the Site may be
supplied by third party Content providers. Global Pelican
has no responsibility for these third-party Web sites, which
are governed by the terms of use and privacy policies, if
any, of the applicable third-party Content providers.
Access
to and Availability of the Site
The Site may
become unavailable to you as a result of maintenance, malfunction
of computer hardware or software, or for other reasons, and
may result in damages to your systems or operations. You shall
be solely responsible for ensuring that any information or
content obtained from the Site does not contain any virus,
worm, mole or other computer software code or subroutine designed
to disable, erase, impair or otherwise damage your systems,
software, or data.
Restriction,
Suspension or Termination
Global Pelican reserves the right, in its sole discretion,
to restrict, suspend or terminate your access to all or any
part of the Site at any time for any reason without prior
notice or liability and without any obligation to refund any
portion of fees paid for any product or service. Global Pelican
may change, suspend or discontinue all or any aspect of the
Site at any time, including the availability of any Site feature,
database, or content, without prior notice or liability.
Disclaimer
of Warrantees
THE SITE AND THE
CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NEITHER Global Pelican, THIRD PARTY CONTENT PROVIDERS
NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE,
ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED
THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY
OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER
Global Pelican NOR ANY PROVIDER OF THIRD PARTY CONTENT OR
THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DOES Global Pelican, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS
TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE
CONTENT.
IF YOU ARE
A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE
SECTION 1542 THAT PROVIDES: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." Limitation of Liability.
UNDER NO
CIRCUMSTANCES SHALL Global Pelican NOR ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS,
SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS,
SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES
ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, THE LIABILITY OF Global Pelican, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You hereby agree
to indemnify, defend and hold Global Pelican, and all of its
predecessors, successors, parents, subsidiaries, affiliates,
and past and present officers, directors, shareholders, investors,
employees, agents, information providers, attorneys, representatives
licensors and information providers (collectively, the "Global
Pelican Representatives") harmless from and against any
and all liability, losses, costs and expenses (including attorneys'
fees) incurred by Global Pelican or any Global Pelican Representative
in connection with any claim arising out of any use or alleged
use by you of this site or arising out of or in relation to
any breach by you of the Terms and conditions, or the representations,
warranties and covenants you made by agreeing to these Terms
and Conditions. Global Pelican reserves the right, at its
own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and
in such case, you agree to cooperate reasonably with Global
Pelican's defense of such claim. Choice of Law.
The Terms and Conditions
shall be construed in accordance with the laws of the Commonwealth
of Massachusetts, without regard to conflict of laws principles.
Entire Agreement
The Terms and
Conditions constitute the entire agreement between the parties
with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with
respect to such subject matter.
No Amendment
or Waiver
The Terms and
Conditions may not be amended except in writing signed by
both parties and no waiver by either party shall be deemed
a waiver of any preceding or subsequent breach or default,
unless such a waiver is in writing and signed by an authorized
representative of Global Pelican.
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