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Please read these terms and conditions of sale ("Terms") carefully before using this website. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you (referred to herein as "you" or "Customer").
This Agreement contains the terms and conditions that apply to your purchase of products and/or services from National Pen Company (referred to herein as "National Pen," "we," "us," or "our") through its website, pens.com (the "Website"). By using the Website or placing any order for products or services through the Website, or through any other means such as by phone order, you agree to be bound by and accept these terms and conditions. These Terms apply (i) unless the Customer has signed a separate purchase agreement with National Pen, in which case the separate agreement shall govern; or (ii) unless other National Pen standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time in National Pen's sole discretion. Such changes are effective immediately upon posting on this Website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms.
These Terms may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and National Pen.
Terms and Conditions
At National Pen, we do our best to provide the most accurate and timely information on our products and services. Due to the fact that our site uses a very high degree of electronics automation, software, and human contact, it is possible that an occasional error or errors may appear on our site. In the event of such error(s), National Pen has the absolute right to disallow any transaction by a user of the National Pen business or website, in which National Pen would be adversely affected. That may include the cancellation of order(s) placed with our company, as well as the cancellation of an order(s) following its shipment and/or receipt by our Customer(s).
We reserve the right at any time to collect from Customers, the value of any amount(s) received unjustly due to errors or omissions on the National Pen Website, products shipped in error or otherwise.
Prices are subject to change without notice. Promotional offers may not be combined with any other offers.
At National Pen we offer only the best brand names and highest quality goods. We proudly stand behind the authenticity of our goods. In some instances, these goods were not manufactured directly by National Pen but rather have been purchased from reputable vendors.
If you purchase goods from National Pen you agree that the offer and sale of those goods takes place in, and will be governed by the laws of, the State of California. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state or federal courts located in San Diego County, California and you consent to the exclusive jurisdiction and venue in such courts. All goods purchased from National Pen are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier. Sales tax is applied to your National Pen order in accordance with individual state and local regulations if your shipping address is in one of the following states: CA, TN. Appropriate tax charges will appear on the "Order Summary" page during checkout. For all international orders, Customers are responsible for customs and import duties of the destination country.
National Pen does not sell products for purchase by children. We may, however, sell children's products for purchase by adults. National Pen is not intended or directed to individuals under the age of 18. We reserve the right to refuse service to any person for any reason.
Copyright 1998-2014, National Pen Co. LLC. All rights reserved. All materials contained on this Website are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content.
By using this Website, you acknowledge that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Our Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All of Our Content is copyrighted as a collective work under the U.S. copyright laws, and National Pen Co. LLC. owns a copyright in the selection, coordination, arrangement, and enhancement of Our Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of Our Content, in whole or in part.
National Pen and its related marks are trademarks and service marks of National Pen Co. LLC. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on National Pen are the property of their respective owners.
Logos and Imprints, Customer Warranty and Indemnification
When you request an order with a personalized imprint or logo or other custom printing ("Your Content") that you supply to National Pen, you automatically grant us and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sub-licensable and irrevocable right to use, distribute, reproduce (including printing on goods you order from us), modify, adapt, publicly perform and display, translate Your Content and to create derivative works from Your Content in any media, as well as the right to use your name in connection with Your Content, if we so choose. You also agree that National Pen may display your You Content in online or offline marketing or collateral materials.
You may submit Your Content through our web site. You hereby represent and warrant that when you submit Your Content to us, you have all right title and interest in Your Content and you have the right to grant us the license described in these terms and use Your Content for all of the purposes described in these terms, including but not limited to, printing Your Content on the goods you order. You represent and warrant that your provision to us of Your Content and your use of Your Content as described in these Terms does not violate the intellectual property rights, including, but not limited to, the copyrights, trademarks or patents, of any third parties. You further represent and warrant that Your Content does not violate or invade any third party's privacy, is not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent, misleading, prejudicial or otherwise injurious to third parties. You may not impersonate anyone while using our site or placing any order.
You hereby agree to indemnify, defend and hold National Pen, its parents, subsidiaries or affiliates and each of the foregoings' directors, officers, employees, agents contractors counsel, successors and assigns harmless from and against any and all third party claims, demands, suits, losses, liabilities, judgments, costs, expenses (including without limitation court costs, litigation expenses, and reasonable attorneys' fees), and causes of action of whatsoever kind (collectively referred to as "Claims") asserted by or arising in favor of any person or entity for or as a result of infringement or alleged infringement of any patents, copyrights, or trademarks, or misappropriation or misuse of any trade secrets or other confidential information, based on or related to Your Content or your order of goods or service from National Pen. In connection therewith, you shall at your sole expense, promptly undertake to procure for Customer the right to continue using Your Content. Without limiting the foregoing, you shall be responsible for all damages, attorneys' fees, court costs or other expense incurred by National Pen in connection with any infringement or alleged infringement caused by Your Content.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT THE SITE AND ALL INFORMATION, CONTENT OR PRODUCTS, INCLUDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND THAT NATIONAL PEN HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, NATIONAL PEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE AND THE INFORMATION, CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT (ALL OF WHICH ARE DISCLAIMED).
UNDER NO CIRCUMSTANCE SHALL NATIONAL PEN, ITS PARENTS, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOINGS' DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THIS AGREEMENT OR ANY INFORMATION, CONTENT OR PRODUCTS OBTAINED THROUGH THE SITE OR PROVIDED BY NATIONAL PEN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NATIONAL PEN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF NATIONAL PEN TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR THE PRODUCTS OR SERVICES WHICH GIVE RISE TO THE LIABILITY. YOU MAY BRING NO CLAIM AGAINST NATIONAL PEN MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF NATIONAL PEN IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.
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