Terms of Use | Peli BioThermal

These Terms of Use (the "Terms of Use") apply to the Peli BioThermal website located at www.pelibiothermal.com (the "Site"). The Site is the property of Peli BioThermal, Ltd., its subsidiaries and affiliates (collectively, "Peli BioThermal") and its licensors. Peli BioThermal 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 Peli BioThermal 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 Peli BioThermal, 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 authorised or approved in writing by Peli BioThermal. You may not frame or utilise 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 Peli BioThermal without our express written consent.

Except as expressly provided in these Terms of Use, 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 Peli BioThermal's express prior written consent.

You may use information on Peli BioThermal's products (such as specification sheets and similar materials) and other materials made available by Peli BioThermal 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 Peli BioThermal products.

Access to the Site, Security, and Restrictions

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. Peli BioThermal 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 these Site or any activity being conducted on these Site.

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

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 authorised 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 authorisation; (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. Peli BioThermal 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, crawlers, scrapers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Peli BioThermal on this Site and other than generally available third party web browsers.

Accuracy and Integrity of Information

Although Peli BioThermal 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 unauthorised additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Peli BioThermal so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Peli BioThermal shall have no responsibility or liability for information or Content posted to the Site from any non-Peli BioThermal 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 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.

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.

Quantity Limits and Dealer Sales

Peli BioThermal reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. 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 Peli BioThermal 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. Peli BioThermal also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Peli BioThermal for the purpose of engaging in a commercial sale of that same product(s) with a third party.

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 Peli BioThermal's control, and Peli BioThermal 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. PELICANBIO 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 PELICANBIO 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 THESE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. PELI BIOTHERMAL 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.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY PELI BIOTHERMAL 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 PELI BIOTHERMAL 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 PELICANBIO 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, including without limitation, the Foreign Corrupt Practices Act. 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.

Patent Information

Peli BioThermal owns numerous patents and pending patent applications throughout the world. Various designs and products of Peli BioThermal may be protected by one or more patents or covered by one or more pending patent applications. A list 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 Peli BioThermal with regard to your use of the Site. Peli BioThermal's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Peli BioThermal of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Peli BioThermal 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 Peli BioThermal's Trademarks

These guidelines are for authorized dealers wishing to use Peli BioThermal's trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, unless Peli BioThermal has provided you with other written trademark usage guidelines. Use of Peli BioThermal trademarks are prohibited, unless expressly authorised in writing by Peli BioThermal.

Peli BioThermal's trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help Peli BioThermal protect its valuable trademark rights and strengthen its corporate and brand identities. By using a Peli BioThermal trademark, in whole or in part, you are acknowledging that Peli BioThermal is the sole owner of the trademark and promising that you will not interfere with Peli BioThermal's rights in the trademark, including challenging Peli BioThermal'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 Peli BioThermal trademark. The goodwill derived from using any part of a Peli BioThermal trademark exclusively inures to the benefit of and belongs to Peli BioThermal. 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 Trademark List

A Cool Revolution™ platform
CoolGuard™ containers or packaging
Cool Logistics™ containers
CoolPall™ containers
CoolPall™ Vertos bulk shipper
Crēdo™ containers
Crēdo Cube™ containers
Crēdo Duracube™ containers
Crēdo ProEnvision™ software or platform
Crēdo Promed™ product line
Crēdo Xtreme™ shippers or containers
Deepfreeze™ shippers
Golden Hour™ containers
Minnesota Thermal Science™ containers
NanoCool™ technology
Peli BioThermal™ solutions
Peli BioThermal Deepfreeze™ shippers
Peli BioThermal School of Cool™ learning platform
Picocool™ containers
School of Cool™ learning platform
Sherpa Systems™ range
Shuttle™ system
TIC™ smart indicator or panel

Authorized Use of Peli BioThermal Marks

When using any Peli BioThermal trademark with printed or electronic content and materials, a trademark attribution notice must be included in the credit section giving notice of Peli BioThermal'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.

Proper Trademark Use and Listing

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 Peli BioThermal's rights in such brand, logo, trademark, service mark or trade name

Trademark Notice and Attribution

"All trademarks are registered and/or unregistered trademarks of Peli BioThermal, Ltd., its parents, affiliates or subsidiaries."

Address inquiries concerning usage of Pelican BioThermal trademarks, copyrights, designs, or patents to

Adam Tetz
Director of Worldwide Marketing
Peli BioThermal
D: +1 763.235.6268 │ M: +1 651.485.6947
F: +1 763.412.4801 │ (877) 537.9800 - EXT 4868
adam.tetz@pelican.com