Terms & Conditions

These Terms and Conditions ("Terms") apply to the website and all other online properties and services (the "Site") operated or offered by Pen+Pops, LLC ("Pen+Pops," "we," or "us"), including the website you are now visiting. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. By using this Site (including the services thereon), you are entering into a legally binding agreement and agree to these Terms. If you do not agree to these Terms, then you must exit the Site immediately. If you have any questions about the Terms, please contact us at isaac@penandpops.com

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I. Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms by reference. Any claim, dispute, or proceeding with respect to your personal information shall be resolved and adjudicated in accordance with these Terms.

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II. Communications

When you visit the Site or communicate with Pen+Pops, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

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III. Company

If you are using the Site on behalf of a company, entity, or organization, then you represent and warrant that you (i) are an authorized representative of such company, entity, or organization; (ii) have the authority to bind such company, entity, or organization to these Terms; and (iii) agree to be bound by these Terms on behalf of such company, entity, or organization.

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IV. Copyright

All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the "Content") is the property of Pen+Pops or its licensors, partners or affiliates and is protected by United States and international copyright laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications; and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; and (iv) access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Pen+Pops. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content in a manner not otherwise approved by these Terms, you need the express written permission of Pen+Pops. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at isaac@penandpops.com

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V. Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Pen+Pops, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Pen+Pops, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

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VI. License and Access

You have a limited license to use the Site for personal use only. This license does not permit you to (i) resell or make any commercial use of this Site; (ii) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human-readable form any of the contents of this Site not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser); (iii) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (iv) use any data mining, bots, spiders, automated tools or similar data-gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

Pen+Pops is based in the United States, and we provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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VII. Accounts and Registration

You represent and warrant that the information you provide to us upon creating an account on the Site and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your email address, username and password on any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail at isaac@penandpops.com. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.

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In order to establish an account, you must:

• Provide us with your name, a valid e-mail address, and such other information as we may require from time to time;

• Create a password; and

• Be a legal resident of one of the 50 states of the United States of America or the District of Columbia, be located in the United States of America, and be at least 18 years of age.

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You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your account or password. We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.

We reserve the right to terminate any account at any time in our sole discretion, including without limitation for any failure to comply with these Terms, any fraud or abuse, or any misrepresentation that you or anyone using your account may make to us.

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VIII. Making a Purchase

If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. Tax is collected on orders shipped to the District of Columbia and to any state other than Alaska, Montana, New Hampshire, or Oregon.

We only sell products to individuals who can purchase with a permitted payment method.

You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.

We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.