PELICAN™ HYDRATION TERMS AND CONDITIONS
This website (“Site”) and related services, including creating an account/ profile, making a purchase, posting a review, or otherwise joining, viewing, visiting, or contributing to user forums, blogs, or interactive features (“Services”) are provided by Personalizations Inc and its affiliates (“Pelican™ Hydration”). Please read these terms and conditions (the “Terms”) carefully, as they constitute a binding agreement between any user of the Site (“you”) and Pelican™ Hydration.
By accessing, browsing, or otherwise using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by the Terms. You affirm, represent, and warrant that if you are accessing, browsing, or otherwise using the Site or Services on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
If you do not agree to these Terms, then you may not use the Site or the Services.
1. USE OF THE SITE. Subject to your compliance with these Terms, Pelican™ Hydration grants you permission to access and use the Site solely for your own personal or internal business purposes as set forth in these Terms and consistent with the intended features and functionality of the Site. You may not download, print, or store any of the content on the Site (“Site Content”) without Pelican™ Hydration’s advance written permission (or the advance written permission of any other copyright holder, as applicable, of Site Consent). Pelican™ Hydration reserves and does not waive any intellectual property rights of Pelican™ Hydration and/or its licensors and other rights holders in and to the Site Content
4. USER ACCOUNTS. To access certain content or participate in specific features of the Site, you may need to register for an online account (“User Account”) and provide information. If you choose not to provide such information, you may not be able to access certain content or features. When creating a User Account or submitting information, you must current, complete, and accurate information as requested. It is your responsibility to maintain the accuracy and completeness of your registration data, and any loss resulting from your failure to do so is your responsibility. You are also responsible for maintaining the confidentiality of the password for your User Account.
Note that Pelican™ Hydration does not sell products to children, and you may not register for a User Account if you are under the age of 18. Products, including products for children, may be purchased on the Site only by adults. Persons under the age of 18 may only review the Site and may do so only with the involvement of a parent or guardian.
6. VERIFYING YOUR ADDRESS. Pelican™ Hydration reserves the right to contact you via the contact methods you provide us to verify the accuracy of the account information (including your correct name and address) that is needed to provide you with the information or Services requested.
7. FRAUD. By creating an account, you acknowledge and confirm that the information provided is accurate and truthful, and that you agree to comply with this Agreement. Please be aware that Pelican™ Hydration reserves the right to terminate your User Account without notice for any reason, including if Pelican™ Hydration determines in its sole discretion, that you have: (a) violated these Terms; (b) may violate or have violated the rights or threaten the safety and security of Pelican™ Hydration, the Site, any other user, or any other person; (c) may violate or have violated any applicable regulation or other law; or (d) may create or have created liability for Pelican™ Hydration, any user, or third party.
8. PRICES AND PAYMENT TERMS. Prices posted on this Site may be different from prices offered by us at Hydrationhubusa.com. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation e-mail. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion, and we must receive payment before we accept an order. We accept (Mastercard, Visa, American Express, Discover, PayPal, Apple Pay, Google Pay, and Amazon Pay) for all purchases. You represent and warrant that (a) any credit card information you provide is true, correct and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Please note that Pelican™ Hydration does not accept resellers or sales-use tax exemption certificates for online sales. Payment in full upfront is required before an order for custom products will move into production.
9. CUSTOMIZATION / PERSONALIZATIONS. A customization and/or Personalizations fee applies to all custom products. Please review your customized and/or personalized item virtual/proof carefully prior to submitting your order, as customized and/or personalized items may not be cancelled or returned once the order has been submitted. Pelican™ Hydration is not responsible for any errors or mistakes that have been approved.
10. ORDER EDITS, CANCELATIONS, & REJECTIONS. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. You agree that we may reject or modify any order, in our sole discretion, regardless of whether such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection of changes to your order via the email address you provided at checkout. If your credit card has already been charged and any portion of your order is rejected, Pelican™ Hydration will issue a credit to your credit card account for the amount rejected.
11. SHIPPING. We will arrange for the shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing shipping and delivery of your order.
12. TITLE AND LOSS. Title to and risk of loss of the product passes to you upon delivery of the ordered items to the carrier. Delivery lead times may vary, and it is important to note that all delivery dates are estimates and not a guarantee that the product will be delivered on the specified date. Pelican™ Hydration will not be liable for any loss or expenses incurred by you because of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
13. RETURNS AND REFUNDS. Except for any products designated on the Site as final sale or non-returnable or for products which you customize or personalize, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with a valid proof of purchase and return authorization code. Products must be undamaged in their original condition. To return products, you must login to your account to a return for specific order. No product will be accepted returned without an approved return authorization code.
You are responsible for all shipping and handling charges on returned items (unless otherwise specified). You bear the risk of loss during shipment. (We therefore strongly recommend that you fully insure your return shipment against loss or damage and delivery for your protection). A restocking fee of 15% of the total product value, excluding tax and freight charges, will be deducted from your refund on blank products going back into inventory.
Refunds are processed within approximately 7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE. NO CUSTOMIZED OR PERSONALIZED PRODUCTS ARE RETURNABLE.
14. ADDITIONAL PELICAN™ HYDRATION RIGHTS. Pelican™ Hydration reserves the right, with or without prior notice, to take any of the following actions:
a. Limit the available quantity of discontinue any product.
b. Limit quantities on orders placed by the same
account, credit card, billing, or shipping address.
c. Limit or prohibit orders that, in Pelican™ Hydration’s sole judgment, appear to be placed by dealers, resellers, or distributors.
d. Impose conditions on the honoring of any promotional code or other similar promotion.
e. Bar any user from making or completing any or all transactions.
f. Refuse to provide any user with any product.
15. OVERSIGHTS, DELETIONS, INACCURACIES. At times, our Site may contain typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, delete information or content from the Site, and modify or update information or cancel orders if any information on the Site is found to be inaccurate, without prior notice (including after you have submitted your order). We strive to provide accurate and up-to-date information, but please be aware that errors occur, and we appreciate your understanding in such cases.
16. COPYRIGHTS AND TRADEMARKS. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other aspects of the Site are protected by applicable copyrights, trademarks, registered trademarks, and other proprietary rights, including intellectual property rights. You are strictly prohibited from copying, redistributing, using, or publishing any of these matters or any part of the Site. You do not acquire ownership rights to any content, document, or materials viewed on the Site. By posting information or materials on the Site, Pelican™ Hydration does not waive any rights in such information and materials.
17. SITE CONTENT. Site content may include images, illustrations, graphics, audio clips, flash presentations, and text. As stated above, Pelican™ Hydration and/or its licensors and other rights holders reserve and do not waive all trademark, copyright, and other intellectual property rights in and to the Site Content. You shall not acquire any rights, title, or interest in and to the Site Content, except for the limited rights set forth in these Terms.
Except as expressly authorized by Pelican™ Hydration or any other copyright holder, as applicable, you agree not to sell, copy, display, transmit, publish, create derivative works from, or otherwise use the Site Content. You agree not to decompile, reverse engineer, or attempt to extract any computer programming from the Site, and you agree not to alter or remove any trademark, copyright, patent, or other notice form the Site Content. You agree not to download, display, or use any Pelican™ Hydration content from the Site for use in publications, on websites other than the Site for commercial purposes, in connection with products or services that are not those of Pelican™ Hydration, in a manner likely to cause confusion among consumers, that disparages or discredits Pelican™ Hydration and/or its licensors, that dilutes the strength of Pelican™ Hydration, or that otherwise infringes Pelican™ Hydration's intellectual property rights.
18. USER CONTENT. You and other users may submit certain comments, images, or other content (“User Content”) for posting on and/or through the Site and/or the Services, including suggestions, ideas, notes, concepts, artwork, product reviews, and other information. All User Content may be publicly displayed, and you should not post any User Content that you do not want to be viewable by the public.
You hereby grant to Pelican™ Hydration, its affiliates, successors, and assigns, a non-exclusive, irrevocable, perpetual, transferable, sublicensable, fully paid and royalty-free license to publish, use, copy, publicly display, create derivative works of, and distribute such User Content in any and all media throughout the world, whether now known or hereafter discovered, in connection with the operation of the Site and/or the Services, Pelican™ Hydration’s business, and in connection with the marketing and promotion of Pelican™ Hydration, the Site and/or the Services. Such license shall include the right to publish, use, and publicly display the username and any other names used by you in submitting any such User Content; however, Pelican™ Hydration shall have no obligation to do so, and you hereby waive any rights to attribution with respect to such User Content.
You agree that designs you create using the text tools and images available through the Site are not your exclusive property because you assemble such designs. You agree that Pelican™ Hydration has the right to display such designs or offer them (or variations of such designs) to other customers. You agree that Pelican™ Hydration reserves the right to repurpose User Content for marketing materials, including but not limited to social media channels, website materials, advertisements, and print materials.
You represent and warrant that; (a) you have all rights, consents, and permissions in and to the User Content necessary for the submission of such content to the Site and the granting of the license and permissions set forth in these Terms and; (b) Pelican™ Hydration or its customers’ exercise of the rights set forth above do not and will not; (c) infringe, violate, or constitute a misappropriation of any third-party rights (including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity); (d) slander, defame, libel, appropriate the likeness, violate the contractual or property rights of any other person; or (e) violate any applicable regulation or other law. You acknowledge that Pelican™ Hydration provide no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark, or other rights to another party.
Pelican™ Hydration has the right (but not the obligation). With or without notice to you, to review any User Content and to modify or delete any User Content that in Pelican™ Hydration’s sole judgement: (f) violates these Terms; (g) may violate the rights or threaten the safety and security of Pelican™ Hydration, the Site, any other user, or any other person; (h) may constitute a violation of applicable regulation or other law; or (i) may create liability for Pelican™ Hydration, any user, or third party. Pelican™ Hydration reserves the right to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of these Terms.
19. ACCEPTABLE USE & CONDUCT. You acknowledge and agree that Pelican™ Hydration has the sole discretion to reject any order or delete any User Content that we deem inappropriate for any reason, including User Content, designs, or text that we deem to: contain obscene, vulgar, or profane content, including hate speech or symbols; contain explicit sexual content or innuendo; encourage violence, hate, or negative stereotypes against individuals or groups; attack, harass, or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation, or gender identity; incite public outrage or inspire violence; portray or promote irresponsible use of alcohol or other substances; libel or defame an individual or group; otherwise violate these Terms or common standards of decency.
You agree that you will not perform any action on the site or use the Site to create any User Content that:
a. bullies, harasses, or advocates stalking, bullying, or harassment of another person,
b. constitutes, promotes, endorses, or furthers illegal activities or conduct that is abusive, threatening, obscene, or defamatory,
c. seeks to exploit persons under the age of eighteen (18) in a sexual or other improper manner, or solicits personal information from anyone under the age of eighteen (18),
d. solicits passwords or personally identifying information from other users of the Site,
e. contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software,
f. infringes or misappropriates another person’s intellectual property without a license to do so, whether the intellectual property is registered (or filed for registration) in any country,
g. solicits involvement in promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes,
h. attempts to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or an part of it, through hacking, password mining or any other means or interferes or attempts to interfere with the proper working of the Site or any activities conducted through the Site; or
i. obtains or attempts to obtain any materials or information through any means not intentionally made available through the Site; or otherwise violates the Terms or creates liability for us.
You agree that you will not frame any portion of the Site without Pelican™ Hydration’s prior written consent. You many not use any robot, spider, other automatic device, or process to access or monitor the Site other than in connection with the routine provision of search engine services designed to allow an end user to find and use the Site.
You agree that you will not interfere with others’ use and enjoyment of the Site or the Services, and you will not interfere with or disrupt the Site’s security measures.
20. DIGITAL MILLENNIUM COPYRIGHT ACT. Pelican™ Hydration respects copyright law and expects you to do the same. Unauthorized copying or distribution of works may infringe the copyright holders’ rights. In its sole discretion and without further liability, Pelican™ Hydration may immediately terminate any User Account that Pelican™ Hydration believes has been used to infringe any copyright.
If you are a copyright owner or agent of a copyright owner and believe that content on the Site infringes your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (“Notice”). Your Notice must include the following information:
a. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
b. Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate that material.
d. Information reasonably sufficient to permit us to contact the complaining party, such as your name, postal address, telephone number, and, if available, e-mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in your Notice is accurate.
g. A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such Notice you submit must be sent to our designated agent for receipt of those notifications, using the following contact information:
Legal Team - DMCA Agent
Pelican™ Hydration / Personalizations Inc
1601 E McFadden Avenue
Santa Ana, CA 92705
If you fail to comply with all the requirements of these Terms and Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fee) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the User Accounts of users who are repeat infringers. Upon receipt of your notification, Pelican™ Hydration will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer. However, Pelican™ Hydration does not have the ability to collect or return allegedly infringing products.
22. LIMITATION OF LIABILITY; EXCLUSION OF WARRANTY. As used in this section, the term “Pelican™ Hydration” includes Pelican™ Hydration’s members, officers, employees, affiliates, agents, subsidiaries, suppliers, or any other party involved in creating, producing, transmitting, or distributing Pelican™ Hydration's services and products. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PELICAN™ HYDRATION SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES; LOST INCOME, REVENUE, OR PROFITS; OR OTHER COMMERCIAL, PERSONAL, OR ECONOMIC LOSS, THAT MAY RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, EVEN IF PELICAN™ HYDRATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL PELICAN™ HYDRATION’S TOTAL LIABILITY TO YOU RELATED TO THE SITE OR THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU HAVE PAID PELICAN™ HYDRATION FOR THE PRODUCTS OR SERVICES AT ISSUE, OR (B) $100 U.S. DOLLARS, WHICHEVER IS LESS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS SHALL NONETHELESS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PELICAN™ HYDRATION DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PELICAN™ HYDRATION OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. BY USING THE SITE, YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES, AND ANY CONTENT OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PELICAN™ HYDRATION DOES NOT WARRANT THAT THE SITE, SERVICES, OR ANY CONTENT OFFERED ON OR THROUGH THE SITE WILL BE RELIABLE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. PELICAN™ HYDRATION DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE OR SYSTEMS FAILURE.
23. ADDITIONAL DISCLAIMERS. The Site is controlled, operated, and administered by Pelican™ Hydration from within the United States. Pelican™ Hydration makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States.
25. INDEMNITY. You agree to defend, indemnify, and hold Pelican™ Hydration, its affiliates, and its and their officers, directors, owners, managers, employees, agents, representatives, subcontractors, and licensors harmless from any and all claims, obligations, damages, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or related to:
a. content you submit, post to, or transmit through the Site, including User Content;
b. your alleged misuse of the Site;
c. your connection to the Site;
d. your alleged violation of the Terms;
e. your alleged violation or misappropriation of any rights of a third party, including intellectual property rights;
f. your breach of any representations, warranties, and covenants made in these Terms; and
g. unauthorized use of your User Account (other than as a result of a security compromise for which you are not responsible).
26. ELECTRONIC COMMUNICATIONS AND NOTICES. Except as explicitly stated otherwise, any notices you send to Pelican™ Hydration will be sent by mail to Personalizations Inc, Attn: Legal, 1601 McFadden Avenue, Santa Ana, CA 92705. In the case of notices Pelican™ Hydration sends to you, you consent to receive notices and other communications by Pelican™ Hydration posting notices on the Site, sending you an email at the email address listed in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all Agreements, notices, disclosures, and other communications that Pelican™ Hydration provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given.
a. 24 hours after the notice is posted on the Site or an electronic message is sent unless the sending party is notified that the message did not reach the recipient.
b. In the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to Attention: Legal @ Personalizations Inc, 1601 McFadden Avenue, Santa Ana, CA 92705. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
28. APPLICABLE LAW. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of California, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
29. DISPUTE RESOLUTION. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE TERMS, THE SITE, OR YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION.
You agree that any arbitration will take place in Orange County, California under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of California, U.S.A. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, except that any award shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms, the Site, or your purchase of products or services through the Site must be commenced within one (1) year after the claim or cause of action arises.
The arbitration of disputes pursuant to this paragraph shall be in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. You may not bring any claim as a private attorney general on behalf of other similarly situated persons. The arbitrator(s) may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.
30. ASSIGNMENT. You will not assign any of your rights or delegate any of your obligations under these terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
31. NO WAVIERS. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized Pelican™ Hydration representative.
32. FORCE MAJEURE. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
33. FULL AGREEMENT. Our order confirmation, if any, these Terms, along with all the policies of Pelican™ Hydration referenced herein, constitutes the entire and exclusive agreement between Pelican™ Hydration and you related to the matters contained in these Terms. These Terms supersede all prior or contemporaneous Agreements, representations, warranties, and understandings regarding the Site, its content, products or services, and the subject matter of these Terms. Any terms and conditions included in any purchase order, confirmation of order, or other documents are expressly excluded. Any changes to these Terms will only be binding on Pelican™ Hydration if agreed upon in writing by an authorized representative of Pelican™ Hydration. Pelican™ Hydration may amend these Terms at any time without specific notice to you, and the latest version will be posted on the Site. It is your responsibility to review these Terms prior to using the Site.