Please read these terms and conditions of
sale ("Terms") carefully before using this website. It contains very important
your rights and obligations, as well as limitations and exclusions that
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
Website, or through any other means such as by phone order, you agree
bound by and accept these terms and conditions. These Terms apply (i)
the Customer has signed a separate purchase agreement with National
which case the separate agreement shall govern; or (ii) unless other
Pen standard terms apply to the transaction.
These terms and conditions are subject to change without
notice at any time in National Pen's sole discretion. Such
effective immediately upon posting on this Website and you are deemed
receive notice of such revisions at the time of posting, and are bound
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
altered terms and conditions will be null and void, unless otherwise
in a written agreement signed by both Customer and National Pen.
Terms and Conditions
National Pen, we do our best to provide the most accurate
and timely information on our products and services. Due to the fact
site uses a very high degree of electronics automation, software, and
contact, it is possible that an occasional error or errors may appear
site. In the event of such error(s), National Pen has the absolute
disallow any transaction by a user of the National Pen business or
which National Pen would be adversely affected. That may include the
cancellation of order(s) placed with our company, as well as the
of an order(s) following its shipment and/or receipt by our Customer(s).
reserve the right at any time to collect from Customers,
the value of any amount(s) received unjustly due to errors or omissions
National Pen Website, products shipped in error or otherwise.
are subject to change without notice. Promotional
offers may not be combined with any other offers.
National Pen we offer only the best brand names and
highest quality goods. We proudly stand behind the authenticity of our
In some instances, these goods were not manufactured directly by
but rather have been purchased from reputable vendors.
you purchase goods from National Pen you agree that the
offer and sale of those goods takes place in, and will be governed by
of, the State of California. You also agree that any legal or equitable
arising from your purchase must be brought in the city, state or
located in San Diego County, California and you consent to the
jurisdiction and venue in such courts. All goods purchased from
are F.O.B. at our fulfillment center. Title to goods passes to you at
of delivery by the fulfillment center to a common carrier. Sales tax is
to your National Pen order in accordance with individual state and
regulations if your shipping address is in one of the following states:
Appropriate tax charges will appear on the "Order Summary" page
during checkout. For all international orders, Customers are
customs and import duties of the destination country.
Pen does not sell products for purchase by
children. We may, however, sell children's products for purchase by
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.
1998-2015, National Pen Co. LLC. All rights
reserved. All materials contained on this Website are protected by
States copyright law. You may not alter or remove any trademark,
copyright or other notice from copies of the content.
using this Website, you acknowledge that the Website
contains information, data, software, photographs, graphs, videos,
graphics, and other material (collectively "Our Content") that are
protected by copyrights, trademarks, trade secrets, or other
rights, and that these rights are valid and protected in all forms,
technologies existing now or hereinafter developed.
of Our Content is copyrighted as a collective work under
the U.S. copyright laws, and National Pen Co. LLC. owns a copyright in
selection, coordination, arrangement, and enhancement of Our Content.
not modify, remove, delete, augment, add to, publish, transmit,
the transfer or sale of, create derivative works from, or in any way
any of Our Content, in whole or in part.
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
National Pen are the property of their respective owners.
Logos and Imprints,
Customer Warranty and Indemnification
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
worldwide, non-exclusive, perpetual, fully sub-licensable and
to use, distribute, reproduce (including printing on goods you order
modify, adapt, publicly perform and display, translate Your Content and
create derivative works from Your Content in any media, as well as the
use your name in connection with Your Content, if we so choose. You
that National Pen may display your You Content in online or offline
or collateral materials.
may submit Your Content through our web site. You hereby
represent and warrant that when you submit Your Content to us, you have
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
described in these terms, including but not limited to, printing Your
on the goods you order. You
and warrant that your provision to us of Your Content and your use of
Content as described in these Terms does not violate the intellectual
rights, including, but not limited to, the copyrights, trademarks or
of any third parties. You
represent and warrant that Your Content does not violate or invade any
party's privacy, is not illegal, obscene, threatening, abusive,
slanderous, defamatory, fraudulent, misleading, prejudicial or
injurious to third parties. You may not impersonate anyone while using
or placing any order.
hereby agree to indemnify, defend and hold National Pen,
its parents, subsidiaries or affiliates and each of the foregoings'
officers, employees, agents contractors counsel, successors and assigns
harmless from and against any and all third party claims, demands,
losses, liabilities, judgments, costs, expenses (including without
court costs, litigation expenses, and reasonable attorneys' fees), and
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
infringement or alleged infringement of any patents, copyrights, or
or misappropriation or misuse of any trade secrets or other
information, based on or related to Your Content or your order of goods
service from National Pen. In
therewith, you shall at your sole expense, promptly undertake to
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
incurred by National Pen in connection with any infringement or alleged
infringement caused by Your Content.
OF WARRANTIES AND LIMITATIONS OF LIABILITY
REPRESENT, ACKNOWLEDGE, AND AGREE THAT THE SITE AND ALL INFORMATION,
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
IMPLIED. TO THE
PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE,
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
AND THE INFORMATION, CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE QUALITY OF
MATERIAL OR WORKMANSHIP OF ANY PRODUCT (ALL OF WHICH ARE DISCLAIMED).
NO CIRCUMSTANCE SHALL NATIONAL PEN, ITS PARENTS, SUBSIDIARIES OR
EACH OF THE FOREGOINGS' DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT
FROM THIS AGREEMENT OR ANY INFORMATION, CONTENT OR PRODUCTS OBTAINED
THE SITE OR PROVIDED BY NATIONAL PEN.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
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,
WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN
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
CONSEQUENTIAL DAMAGES THE LIABILITY OF NATIONAL PEN IN SUCH
BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.