Terms of service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (“Terms”) define the relationship between you and Pelican Gift, Inc. (“Pelican”, “us,” or “we”), including your interaction with our website (“Site”, https://pelicaninvests.com, including the mobile version of our Site and any mobile application we make available) as well as any other communications or interactions you have with us through the Site or otherwise. BY CONTINUING TO USE THIS SITE AND/OR OPEN OR MAINTAIN AN ACCOUNT, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS, WHICH TOGETHER WITH OUR PRIVACY POLICY GOVERN PELICAN’S RELATIONSHIP WITH YOU. If you disagree with any part of these Terms of Service, please refrain from using our Site.

These Terms contain an arbitration agreement. Please read this arbitration agreement carefully as it may affect your legal rights.

As used in these Terms, “you” and “your” include (i) you, (ii) any child under your supervision or your caretaker’s supervision, and (iii) any child on whose behalf you interact with Pelican or this Site. You represent and warrant that you are the parent or legal guardian of any child under the age of 13 covered by this paragraph.

1. General Terms

1.1 Use of the Site. By creating an account on the Site, you can create an education savings plan to support a child’s education and make it easier for friends and family to contribute to your child’s future. In addition, you can use the Site to make contributions to another’s Pelican account. All transactions will be processed by our third-party payment processor as described in Section 6 below. Payments and charges made through the Site are non-refundable, except to the extent otherwise stated in written terms of payments and charges provided by Pelican outside of these Terms.

1.2 Privacy Policy. We care about your privacy. The information we collect in connection with creating your account, and how we use that information, is set forth in more detail in our Privacy Policy. Our Privacy Policy is a part of these Terms and is incorporated herein by reference.

1.3 Responsibility for Your User Account. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

1.4 Your Information is Accurate. To create a Pelican account, you will need to provide us with certain personal information. You represent and warrant to us that any information you provide to Pelican, including any contact information, is accurate and that you will keep it accurate and up to date. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you do not wish to input certain information due to personal concerns, do not provide us with this information when you interact with the Site—note, however, that if you omit certain information, you will not be able to open an account.

1.5 Communications from Pelican. You agree that we and our agents or service companies (“Authorized Parties”) may contact you for any lawful purpose. This includes contacting you about any current or future accounts or applications, with respect to all products you have with us. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text/SMS messages, emails and/or automatic telephone dialing systems. You agree that Authorized Parties may use any email address or any telephone number, including a cell phone number, you provide, now or in the future, even if your provider may charge you message and data rates for calls or texts. Phone numbers and email addresses you provide include those you give to us, those from which you, or someone acting on your behalf, contact us or which we obtain through other means. For any cell phone number you provide, you represent that you are the subscriber or are authorized to consent to these communications on behalf of the subscriber. You agree to notify us if you change or discontinue using any phone number you provide. If you no longer wish to be contacted on your cell phone by an automated dialer or pre-recorded voice message, you may cancel your consent by contacting us at support@pelicaninvests.com. Please include your name, email address, and the specific cell phone number(s) for which you would like to cancel your consent to be contacted by email.

2. Content

2.1 General. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, or other information that you provide to us. “User Content” means Content that Users submit or transmit to, through, or in connection with the Site. “Pelican Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Pelican or Users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third-Party Content, and Pelican Content.

2.2 Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed (“Other Media”); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Site, Pelican may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal and Pelican has no control over such caching. By submitting Your Content to Pelican or the Site, you hereby represent and warrant that you own, or have licensed, the intellectual property rights in such Content necessary to grant, and you hereby grant, to Pelican a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any Other Media. You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. You irrevocably waive, and cause to be waived, against Pelican and Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.

2.3 Pelican Content. We own the Pelican Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site. We also own the intellectual and proprietary rights throughout the world associated with the Pelican Content and the Site, including copyright, trademark, service mark, trade name, trade dress, patent, and all other applicable intellectual and proprietary rights. You may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Pelican Content in whole or in part except as expressly authorized by us.

3. Feedback

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) the Feedback is User Content, and you and we have the same rights with respect to the Feedback as described above.

4. Billing and Payment

All charges and payments by Pelican are processed by one or more third-party payment processors and are subject to their additional terms and conditions. All payments and charges are final and non-refundable, unless otherwise stated in written terms of payments and charges provided by Pelican outside of these Terms.

5. Third Parties

On the Sites, you may be provided with an option to link a third party account, such as your bank account or 529 plan account, or information held by a third party (a “Linked Account”). By linking any of your Linked Accounts, you authorize and direct Pelican to access third party sites, databases, and other services relating to the Linked Account, and to access, retrieve, and use your information or other information you direct us to access on an ongoing basis (“Account Information”). By linking your Linked Account, you authorize Pelican to share your account login credentials or other information and grant Pelican full power and authority to take any additional steps, all as necessary to access, retrieve, and use your Account Information in accordance with these Terms and our Privacy Policy.

You acknowledge and agree that when Pelican accesses, retrieves, and uses your Account Information, it is acting as your agent, and not as the agent of or on behalf of any other party. The Account Information may include ACH authentication information (account and routing numbers), transaction data, identity verification information, and account balance details. By linking your Linked Account, you also authorize and direct Pelican to use a third party service provider, such as Stripe and Plaid, to indirectly perform any of these same services.

If Pelican uses a third party service provider to access your Account Information, that third party service provider will provide to Pelican, on your behalf, your Account Information for our use in connection with Pelican’s services, including to respond to your inquiries, fulfill your requests, and provide you with customer service.

Pelican is not responsible for the Account Information and does not review the Account Information for accuracy, legality, or non-infringement. You agree that Pelican is entitled to rely on the foregoing authorization and direction granted by you. You represent and warrant you are a legal owner of, or you are authorized to provide Pelican with, all Account Information, and have the right to grant the permissions set forth herein, and Pelican’s Third Party Service provider’s exercise of its rights set forth herein will not violate any application laws or third party rights.

Pelican cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data or other service interruptions. Pelican cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data or communications. For example, when displayed on the Sites, Account Information is only as fresh as the time shown, which reflected when the information is obtained from such third party sites. Such information may be more up-to-date when obtained directly from the relevant third party sites.

5.1 Linked Sites. The Site may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. Pelican makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. You agree that accessing and using Linked Sites, including the information, material, products, and services on linked sites or available through Linked Sites, is solely at your own risk.

5.2 Your Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT PELICAN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE, INCLUDING ADVERTISERS WHO ARE REVIEWED OR OTHERWISE FEATURED ON THIS SITE.

5.3 Third Parties. Pelican is not an agent of any third party provider. Pelican makes no claims or promises with respect to any third party, including our information sharing partners or any businesses or advertiser listed on the Site. Pelican is not liable to you for any loss or damage that might arise from the actions or omissions of such third parties, including, for example, if another user or business misuses your content, identity or personal information.

6. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on buttons or boxes labeled “By creating your Pelican account you agree to our Terms of Service and Privacy Policy” or such similar links as may be designated by Pelican to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.

7. Warranty Disclaimer; Limitation of Liability

7.1 Disclaimer of Warranties. The Site is made available to you on an “as is”, “with all faults” and “as available” basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. Pelican makes no claims or promises about the quality, accuracy, or reliability of the Site, its safety or security, or the Site content. Pelican is not liable to you for any loss or damage that might arise, for example, from the Site’s inoperability, unavailability or security vulnerabilities. Pelican expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Site. No oral or written information or advice provided to you by a representative of Pelican shall create a representation or warranty. Without limiting the foregoing, Pelican does not warrant or make any representations (i) that the Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site are free of viruses or other harmful components, or (ii) regarding the use of the Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site in terms of correctness, accuracy, reliability, or otherwise. Any material or data that you download or otherwise obtain through the Site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.

7.2 Limitation of Liability. Neither Pelican nor any of its officers, directors, employees, partners, agents, affiliates, business partners and clients, or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of the Site or our services. If applicable law does not permit exclusion of all damages, then your direct damages arising out of or relating to your use of our services shall be limited to $100. Nothing in these terms shall affect any non-waivable statutory rights that apply to you.

7.3 Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF USE OF THE SITE.

7.4 Release. In exchange for your use of any of the services that we provide, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) fully and forever release, hold harmless, promise not to sue, and discharge Pelican and all of its owners, managers, affiliates, employees, agents, business partners and clients, representatives, successors, and assigns (collectively, “Released Persons”) from any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the services we provide (“claims”) that you have or may have against any Released Person arising out of or in any way related to your use of the services we provide. Such releases are intended to be general and complete releases and waivers of all Claims arising out of or in any way related to your use of the services we provide.

7.5 Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.

8. Indemnification

You agree to indemnify us and our officers, directors, employees, business partners and clients, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of these Terms or your use or misuse of our Site and/or your Pelican account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.

9. Termination

9.1 Closing Your Account. You may request that we terminate your user account. Please review our Privacy Policy for information about the effect of account termination on the data we have about you. Please keep in mind that it may take up to ten business days to complete the termination of your account.

9.2 Losing Rights to the Site. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site at our sole discretion and without notice or liability of any kind. If we close your account, you may lose access to your account, the Site, or any other related information.

9.3 Terms Continue After Termination. In the event of termination of your account whether by you or us, or in the event that Pelican ceases operations, these Terms will continue in full force and effect.

10. Disputes

10.1 Governing Law. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Pelican arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Site, Pelican advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of Delaware, without regard to its conflicts of laws rules. Subject to Section 13.2, the state and federal courts in Delaware shall have exclusive jurisdiction over any Claim (as defined below).

10.2 Limitations of Actions. Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred.

11. Arbitration Agreement

11.1 Arbitration of Claims. You agree that the terms of this Arbitration Agreement govern Claims (as defined below) between you and us and/or other beneficiaries of this Arbitration Agreement, unless you reject this Arbitration Agreement in accordance with the terms below. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES THAT, IF YOU DO NOT REJECT THIS ARBITRATION AGREEMENT, YOU MAY BE REQUIRED TO LITIGATE CLAIMS THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS.

11.2 Binding Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Pelican, its agents, employees, principals, business partners and clients, successors, assigns and affiliates (collectively for purposes of this paragraph, “Pelican”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Site, any activity you conduct with Pelican, Pelican's advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect (available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879), or any other established alternative dispute resolution provider mutually agreed upon by you and Pelican. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

11.3 Arbitrability. Any Claim including a claim challenging the validity or enforceability of this Arbitration Agreement, including the Class Action Waiver must be resolved by binding arbitration if either side requests it. This means any and all issues relevant to the Claim, including all issues of Arbitrability, are delegated to the arbitrator. “Arbitrability” means all issues, without limitation, relating to the making, validity, revocation of the agreement to arbitrate, whether a particular claim or dispute is arbitrable, the scope of the Arbitration Agreement, and any issue with respect to the validity of jury trial, class action or representative action waivers.

11.4 Initiating Arbitration. A party may elect to arbitrate a Claim by providing written notice to the other party or by filing a motion to compel arbitration. Once arbitration is elected, the complaining party is responsible for starting the arbitration. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit. A party does not waive its right to elect to arbitrate a Claim by filing a complaint or cross-complaint in court. Arbitration shall take place in Delaware.

11.5 No Class Actions or Similar Proceedings. In accordance with this Arbitration Agreement, neither you nor we will have the right to: (i) have a court or jury decide a Claim; (ii) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; or (iii) join or consolidate Claim(s) involving you with Claims involving any other person.

11.6 Finality and Enforcement of Arbitrator’s Decision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and Pelican (except as described in section 11.7 below) and may be enforced in any court of competent jurisdiction.

11.7 Limited Right to Appeal. The right to appeal is more limited in arbitration than in court and other rights available in court may not be available in arbitration. The arbitrator’s decision will be final and binding except for: (1) any appeal right allowed by the Federal Arbitration Act, (2) Claims involving more than more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000), and (3) Claims involving public injunctive relief. For Claims involving more than $50,000 or Claims involving public injunctive relief, any party may choose to appeal to a new panel of three new arbitrators appointed by the administrator. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award.

11.8 Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will advance those costs if you ask us in writing. Any request like this should be sent to us at legal@pelicaninvests.com. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. You and Pelican shall pay your and its own costs and attorneys' fees. However, if you or Pelican prevails on a statutory Claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

11.9 Claims Notice and Special Payment. If you have a Claim, before initiating an arbitration proceeding, you may give us written notice of the Claim (“Claim Notice”) at least 30 days before initiating the arbitration proceeding. The Claim Notice must include your name, address, and account number and explain in reasonable detail the nature of the Claim and any supporting facts. Any Claim Notice shall be sent to us at legal@pelicaninvests.com (or such other address as we shall subsequently provide to you). If, and only if, (1) you submit a Claim Notice in accordance with this agreement on your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in your favor in any respect on the merits of your claim, issues you an award that (excluding any arbitration fees or attorneys’ fees and costs awarded by the arbitrator) is greater than the value of our last written settlement offer made before an arbitrator was selected, then you will be entitled to the amount of the award or $7,500, whichever is greater. If you are entitled to the $7,500, you will receive in addition any arbitration fees or attorneys’ fees and costs awarded by the arbitrator. If the arbitrator finds in your favor and issues an award (excluding arbitration fees or attorneys’ fees and costs) that is less than the value of our last written settlement offer, you will be entitled to the amount of the award.

11.10. You Have the Right to Reject this Arbitration Agreement. You may reject this Arbitration Agreement but only if we receive from you a written notice of rejection within 30 days of the earlier of you opening a Pelican account or visiting the Site. You must send the notice of rejection to us at legal@pelicaninvests.com]. Your rejection notice must include your name, address, phone number, account number (if you have opened an account) and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under these Terms. This is the only way that you can reject this Arbitration Agreement. If you reject arbitration, neither you nor we will be subject to the Arbitration Agreement. Rejection of arbitration will not constitute rejection of any prior or future arbitration agreement between you and us.

11.11. Changes to this Arbitration Agreement. The “Modification of Terms” section of these Terms does not apply to this Arbitration Agreement. Instead, you and Pelican agree that Pelican may amend this Arbitration Agreement, and that any amendment shall be effective upon written notice to you. Any change shall not apply to claims that have accrued prior to us providing you with notice of the change, and will only apply to Claims that accrue after we provide such notice. If you do not agree to the amended Arbitration Agreement, you may reject these amendments by providing us written notice within 30 days after the date we provided notice of the amendment. The rejection notice must include your name, address, phone number, and personal signature, and must be sent to us at legal@pelicaninvests.com. In the event you reject an amendment to this Arbitration Agreement, you will not be bound by the amended Arbitration Agreement; instead, you will continue to be bound by the original Arbitration Agreement

12. Miscellaneous

12.1 Modification of Terms. These Terms may be modified by Pelican in its sole discretion, and we will post the effective date of any version of these Terms at the end of these Terms. You should periodically review these Terms for updates. You should not continue using this Site if you do not agree with the version of the Terms in effect at that time. By using the Site and/or accessing your account, you agree and accept the version of the Terms in effect at that time.

12.2 Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

12.3 Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersedes any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation not expressly contained in these Terms.

12.4 Waiver. Any failure on Pelican’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

12.5 Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that all other provisions of these Terms shall remain in full force and effect.

12.6 Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Pelican’s prior written consent, but we may assign or transfer our rights or obligations without restriction. Any attempted assignment by you shall violate these Terms and be void.

12.7 Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.

12.8 Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Company’s Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:

Pelican NYC, Inc.

69 Charlton Street, New York, NY 10014

Attn: Legal Dept.

Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at: legal@pelicaninvests.com. Company reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Site.

12.9 Notice for 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 using the information we’ve provided below. 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 telephone at (916) 445–1254 or (800) 952–5210.

12.10 Notices. Except as explicitly stated otherwise, legal notices (including notices concerning these Terms) will be served, with respect to Pelican, by email to legal@pelicaninvests.com, and, with respect to you, to the email address you provide to Pelican during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

13. Effective Date

The Effective Date of these Terms is July 17, 2023.