National Pen
Terms Of Use

Welcome to www.pens.com (the "Site"), a website owned and operated by National Pen Co. LLC, a Delaware limited liability company ("Nat. Pen," "we," "us," or "our"). The Site, the products and personalization services offered on the Site (collectively the "Products") are provided by Nat. Pen, conditional on your acceptance of the terms and conditions of use set out below (the "Terms"). We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the Terms or the Site. By entering the Site or placing an order, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Copyright and Trade-marks

All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall "look and feel" and distinctiveness of the Site constitute trade dress and are either the property of Nat. Pen or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that Content and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Nat. Pen. Except as expressly authorized by Nat. Pen, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Content. Without waiving any of the foregoing rights, you may print or download information from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Nat. Pen is prohibited.

You may not use any Nat. Pen trademark in connection with the resale of any product, including the resale of other products purchased from Nat. Pen or one of its affiliates, except for the trademark that was affixed to the products at the time those products were delivered to you by Nat. Pen or its affiliate.

Grant of Limited License

You are granted a limited, revocable, conditional and non-exclusive license to download, display and print the Content for personal, non-commercial use only, provided you do not alter the contents thereof or publish, disseminate, copy or distribute the Content on a wider basis. Any use not expressly permitted in these Terms is strictly prohibited without our prior written consent. This license may be withdrawn or terminated at any time by Nat. Pen without notice or any liability whatsoever to you.

Orders

We reserve the right to refuse any order you place with us through the Site or by any other method. In the event we make a change to or cancel an order, we will attempt to notify you by contacting you at the email address, phone number, and/or mailing address on file for you. If you place an order with us, your order will also be governed by the Order Terms and Conditions below.

Submissions

We may let you submit material to us or to third parties: for example, you may be able to upload a photo, send us messages, provide a testimonial, or post a review about our products. In these Terms, we use "Submissions" to refer to any material of any kind that you submit to us or third parties through the Site or in connection an order, including text, files, images, photos, video, sounds, and musical or literary works.

We are not responsible for the content of Submissions provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about Submissions, including as to their legality or accuracy.

We reserve the right, in our sole discretion, to refuse, remove, or edit any of your Submissions, or to restrict, suspend, or terminate your access to all or any part of the Site, and we may do this with or without giving you any prior notice.

We may link Submissions or parts of Submissions to other material, including material submitted by other users or created by us or third parties. We may use Submissions for our internal business purposes, for example, to examine trends or categories or to promote, market, or advertise our products. You acknowledge that we may use your Submission for any and all purposes, including for marketing and advertising, and that we may commercially benefit from use of your Submissions without any compensation to you.

Each time you make a Submission, you represent and warrant as follows:

  1. You own your Submission or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract.
  2. You have the right to submit any logo, trademark, or other graphic identifying a business or organization contained in your Submission.
  3. Your Submission is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or otherwise be deemed inappropriate.
  4. Your Submission does not advertise any product or service or solicit any business.
  5. Your Submission does not identify any individual (including by way of name, address, picture, or video) under the age of 18 and if your Submission identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your Submission.
  6. You are not impersonating any other person.
  7. You will not collect usernames and/or email addresses of others for the purpose of sending unsolicited email.
  8. You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
  9. You will not engage in any automated use of our systems, such as using scripts to alter our Content.
  10. You will not, without authorization, access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our service providers.
  11. Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Site or any other component of our system or network or breach any security or authentication measures.

We are entitled to identify you to third parties who claim that their rights have been infringed by your Submission.

Submissions are not considered to be confidential. You agree not to make any Submission in which you have any expectation of privacy. We do not claim any ownership rights in Submissions; however, by making a Submission you hereby grant us an irrevocable, perpetual, fully sub-licensable, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute, reproduce, modify, adapt, and otherwise exploit the Submission, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify us and our Affiliates (as defined below) for all claims arising from or in connection with any claims to any rights in your Submission or any damages arising from your Submission.

Password and Account Security

You may create your own account on the Site by completing the registration process. In doing so, you must provide us with accurate and complete registration information and update us if this information changes.

If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account for any purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.

User Conduct

In consideration of the availability and your use of the Site, you agree to comply with the Terms and all applicable laws when using the Site. You acknowledge that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

  1. post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
  2. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information;
  3. post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus or other harmful or disruptive component;
  4. interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;
  5. sell, license, rent, reproduce, modify or attempt to modify the Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose;
  6. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Content in whole or in part;
  7. use or attempt to use another's account, password, or other information without our prior written authorization, or create or use a false identity on the Site;
  8. access the Site for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose; or
  9. attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

Liability Disclaimer

All Content and Services provided on or through the Site are provided "as is" and in good faith by Nat. Pen. Although Nat Pen. makes reasonable efforts to ensure information provided is correct and up-to date, Nat. Pen does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND CONTENT.

Nat. Pen does not warrant that the Content is accurate, reliable or correct, that the Site will be available at any particular time or location, that any defects or errors will be corrected or that the Content is free of viruses or other harmful components. Further, nothing on the Site constitutes advice, nor should the Site, or any part thereof, be relied upon in making, or refraining from making, any decision. The Site also offers job opening information and provides ways for you to apply for positions. You understand that nothing contained on the Site constitutes an offer of employment by Nat. Pen.

Use of this Site is solely at your own risk. To the extent permitted by law, Nat. Pen hereby disclaims all liability (howsoever arising) in connection with any loss or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Site or the Content, or any action taken (or refrained from being taken), including our own negligence, as a result of using any of the foregoing.

LIMITATION OF LIABILITY

YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAT. PEN AND ITS AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, VENDORS, AND LICENSEES, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND CONTENT (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

IN PARTICULAR, NAT. PEN AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY, OR COMPLETENESS OF CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAT. PEN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NAT. PEN NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR CONTENT. UNDER NO CIRCUMSTANCES WHATSOEVER WILL NAT. PEN, OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE FOR ANY SUCH CLAIM IN EXCESS OF ONE HUNDRED ($100.00) DOLLARS. THE FOREGOING PROVISIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY.

Indemnity

You agree to indemnify, defend and hold harmless Nat. Pen and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from your use of or connection to the Site, any violation of the Terms by you, or in connection with your use of the Content or the Site or any violation of applicable law or rights properly belonging to another party by you.

Order Terms & Conditions

These Order Terms & Conditions apply to all orders placed with Nat. Pen, regardless of originating channel (e.g., website, phone, mail) unless the customer has signed a separate purchase agreement with Nat. Pen, in which case the terms of the separate purchase agreement would apply.

Nat. Pen accepts payment directly through the Site or other methods. See our FAQ for more information.

Nat. Pen reserves the right to cancel any order at any time including after shipment. Nat. Pen reserves the right to collect from customers the value of any amount(s) received unjustly due to errors or omissions on the Site, in other marketing materials, from products shipped in error, or otherwise. Prices are subject to change without notice. Promotional offers may not be combined with any other offers.

You agree that the offer and sale of goods purchased from Nat. Pen takes place in, and will be governed by the laws of, the Province of Ontario. All goods purchased from Nat. Pen are Ex Works (Incoterms 2010) at our fulfillment centre.

We collect sales tax in accordance with applicable law. If an order is shipped internationally, you are responsible for customs and import duties of the destination country.

We do not sell products for purchase by children and do not knowingly sell our products to individuals under the age of 18.

If your order is defective, you may return the unused portion of your order and we will either replace it or give you a refund, at our election. To receive a replacement or refund, you must request the replacement/refund by contacting customer service within one (1) year from order delivery. Please contact customer service prior to returning the defective product so that we can arrange for the return.

Privacy and Protection of Personal Information

We respect the privacy and confidentiality of your personal information. By submitting personal information to us through the use of the Site, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. Our general policies with respect to the collection, use and disclosure of personal information are reflected in our privacy policy, found on our website at https://www.pens.com/ca/s/privacy-policy (the "Privacy Policy") and any questions in that regard may be directed to our privacy officer (as identified in the Privacy Policy). Should we change the Privacy Policy, the revised policy will be posted on our website located at https://www.pens.com/ca/s/privacy-policy or it will be otherwise brought to your attention.

Monitoring and Communications

Nat. Pen may monitor your use of the Site and the Content but accepts no obligation to do so. Nat. Pen reserves the right to monitor email and other electronic communications between us and third parties, including you, for the purposes of carrying out an investigation of any breach of these Terms or any other contract, agreement or policy to which we are a party. Any communication between you and us will be subject to these Terms and any personal information you provide to us shall be subject to our Privacy Policy. Nat. Pen does not guarantee or warrant the confidentiality of any communications via the internet between you and us.

IF YOU PROVIDE YOUR TELEPHONE NUMBER TO US VIA THE SITE, YOU GIVE YOUR ELECTRONIC SIGNATURE AND CONSENT FOR US TO SEND YOU MARKETING CALLS/TEXT MESSAGES AT THAT NUMBER USING AN AUTODIALER AND/OR PRERECORDED MESSAGES. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO RECEIVE THESE MARKETING COMMUNICATIONS IS NOT REQUIRED TO PURCHASE ANY GOODS OR SERVICES. STANDARD MESSAGE AND DATA RATES MAY APPLY.

Links to the Site

No links to the Site may be "framed" to the extent that such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Site must be to http://www.pens.com. "Deep linking" to internal pages of the Site is expressly prohibited.

Cookies and Web Beacons

To enhance your experience with the Site, we reserve the right to use "cookies" ("Cookies"). Cookies are files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie.

We use Cookies to understand Site usage and to improve the content and offerings on the Site. For example, we may use Cookies to personalize your experience at the Site (e.g., to recognize you by name when you return to the Site), or save your password in password-protected areas. We also may use Cookies to offer you products, programs, or services.

"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page. We may use web beacons on this Site from time to time for this and other purposes.

Force Majeure

Nat. Pen shall not be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.

Changes to Terms

We reserve the right to modify, add to, delete from, alter or update the Terms (each a "Change") without notice at any time. Any Changes will be posted to this page and it is your responsibility to ensure that you are aware of any such Change from time to time. Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to access the Site after that time.

Governing Law

The Terms shall be deemed to have been made and performed exclusively in Ontario, Canada and shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws principles.

Arbitration

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms, the Content, any Products purchased on or through the Site, or the relationship which results from these Terms, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by the Arbitration Act (Ontario), as amended, replaced or re-enacted from time to time. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against the Company and/or its affiliates. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

General

These Terms and our Privacy Policy, together, constitute the entire agreement between you and Nat. Pen with respect to the Site and any purchases of Products made through the Site. These Terms will enure to the benefit of Nat. Pen and its successors and assigns. In the event that any portion of these Terms is found to be invalid by a court of competent jurisdiction, such provisions shall be severed from these Terms, and the balance of these Terms shall remain in full force and effect. Nat. Pen's failure to enforce or insist upon strict performance of any term or condition of these Terms shall not constitute a waiver of any such term or condition or of subsequent compliance by you with these Terms. These Terms, being personal to you, may not be assigned, in whole or in part, by you.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED

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