PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Penz by Design, Inc..  The collective work includes works that are licensed to Penz by Design, Inc..  Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Penz by Design, Inc., or purchasing Penz by Design, Inc.products.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Penz by Design, Inc..  You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Product Warranty

All Penz by Design, Inc. writing instruments are guaranteed for 2 years from the original purchase date. During the warranty period, we will repair or replace your writing instrument for any failure in mechanism or workmanship due to normal use. Shipping charges for returning the item will be the responsibility of the customer. Excluded from this warranty are parts that are exhausted during normal use and wear (i.e. ink cartridges, leads, erasers, metal plating), or items that have been misused, abused or altered (including engraving).

Trademarks

All trademarks, service marks and trade names of Penz by Design, Inc. used in the site are trademarks or registered trademarks of Penz by Design, Inc..

“Buyer acknowledges and agrees that he/she is purchasing paraphernalia and other goods(collectively “Goods”) that bears Alpha Kappa Alpha Sorority, Inc. (“Sorority”) logos,designs, copyrights and trademarks for a member of the Sorority. Buyer understands and agrees that a non-member is not supposed to purchase, own or possess such items except I may purchase such items for the benefit of an active member, and as a condition to being allowed to purchase such Goods, he/she agrees that Sorority retains all rights and ownership in the underlying Goods that bear Sorority logos, copyrights and trademarks. Thus, such Goods may not be resold by Buyer directly or indirectly; on-line via a third-party (including but not limited to ebay.com, amazon.com, etsy.com, pinterest, etc…) or by any other means. Any attempt to do so will result in the forfeiture of the Buyer’s right to possess the Goods; the immediate vesting of the Sorority right to possess the Goods; and acknowledgement to third party(ies) that the Sorority has the immediate right to remove such items bearing the Sorority Marks and the subsequent surrender of the Goods to the Sorority.”

Warranty Disclaimer

Penz by Design, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Penz by Design, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Penz by Design, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Penz by Design, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Penz by Design, Inc. product is mistakenly listed at an incorrect price, Penz by Design, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Penz by Design, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Penz by Design, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Terms & Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Penz by Design, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Penz by Design, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Penz by Design, Inc..

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Penz by Design, Inc. products) shall be in the state or federal courts located in Atlanta, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Penz by Design, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Penz by Design, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Penz by Design, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Penz by Design, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Penz by Design, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Penz by Design, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Penz by Design, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Penz by Design, Inc. in its sole discretion.

Indemnity

You agree to indemnify, defend, and hold harmless Penz by Design, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third Party Links

In an attempt to provide increased value to our visitors, Penz by Design, Inc. may link to sites operated by third parties.  However, even if the third party is affiliated with Penz by Design, Inc., Penz by Design, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Penz by Design, Inc..  These linked sites are only for your convenience and therefore you access them at your own risk.  Nonetheless, Penz by Design, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).