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, 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.

This Website is offered and available to Users (as defined below) who are 18 years of age or older. As used in these Terms, “you” and “your” include (i) you, (ii) any child on whose behalf you interact with Pelican or this Site. You represent and warrant that you are 18 years or older. If you do not meet this requirement, you must not access or use the Site.

1. Interest and Investment Related Disclosures

1.1 Investment Risk Disclosure. Calculators, tools, and resources provided to measure future performance may be hypothetical in nature and are intended to help Users (as defined below) understand the risks and limitations of relying on such hypothetical results when making investment decisions.

1.2 Interest Rate of HYSA. As of October 2024, the high-yield savings account (“HYSA”) offered through our Site provides an interest rate of 4.60% Annual Percentage Yield (“APY”). The interest rate is calculated based on data from the Federal Deposit Insurance Corporation’s (“FDIC”) National Rates and Caps section, available at the FDIC’s website. The national average savings rate is currently listed as 0.45% APY, which is used to provide a comparative reference between the HYSA and the national average. Please be aware that the APY for the HYSA is variable and may change at any time.

1.3 Affiliated Entity Disclosure. Pelican Gift, Inc. is the parent company of Pelican Invests, LLC, which provides independent advisory services. Pelican Invests, LLC operates as a separate entity, responsible for its own investment advice and management.

2. General Terms

2.1 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 5 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.

2.2 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.

2.3 Responsibility for Your User Account. You must create an account and provide certain information about yourself 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.

2.4 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.

2.5 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.

3. Content

3.1 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 the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Pelican Content.

3.2 Your Content. You retain all 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 (as defined below) 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, sublicensable 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 (“User” or “Users”) 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.

3.3 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.

4. 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 in Section 3.2.

5. 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 as set forth in the Terms or in the Voucher Policy, unless otherwise stated in written terms of payments and charges provided by Pelican outside of these Terms.

6. Third Parties

6.1 General. 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”). 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 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.

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. Third-party service providers, such as Stripe, are used for payment processing when using a credit card. You accept Stripe’s Terms of Service when making payments to your account, which you can review at https://stripe.com/legal/consumer. We use third-party service provider Altruist as a broker dealer and custodian. You accept Altruist’s Terms of Service when you open an account with us, which you can review at: https://altruist.com/terms/.

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 is 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.

6.2 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 regarding 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.

6.3 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.

6.4 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 advertisers 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.

7. 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.

8. Warranty Disclaimer; Limitation of Liability

8.1 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.

8.2 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 the lesser of $1000 or the amount paid us, if any, in the past twelve months for the services giving rise to the claim. Nothing in these terms shall affect any non-waivable statutory rights that apply to you.

8.3 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.

8.4 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.

9. Indemnification

As a condition of your access to and use of the Site, you agree to indemnify and hold harmless Pelican and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Site, and (b) any breach of these Terms. You will not enter into a settlement of the foregoing without our prior written approval.

10. Termination

10.1 Closing Your Account. You may request that we terminate your user account by writing to us at support@pelicaninvests.com. 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.

10.2 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.

10.3 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.

11. Disputes

11.1 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 12, the state and federal courts in Delaware shall have exclusive jurisdiction over any Claim (as defined below).

11.2 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.

12. Arbitration Agreement

12.1 Arbitration of Claims. You and Pelican agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Site (collectively “Claims”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Pelican each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Pelican agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration Agreement” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration Agreement” section will survive any termination of the agreement contained in these Terms.

12.2 Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Arbitration Agreement” section. (The AAA Rules are available athttp://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.

12.3 Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

12.4 Arbitration Location and Procedure. Unless you and Pelican agree otherwise, the arbitration will be conducted in Delaware. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Pelican submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

12.5 Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

12.6 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

13. Miscellaneous

13.1 Modification of Terms. These Terms may be modified by Pelican in its sole discretion at any time, 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.

13.2 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.

13.3 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.

13.4 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.

13.5 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.

13.6 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.

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

13.8 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 Gift, 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.

13.9 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.

13.10 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.

14. Effective Date

The Effective Date of these Terms is November 14, 2024.