Terms and Conditions of Use

Welcome to PensForBartenders.com. Pens for Bartenders, LLC provides website features and other products and services to you when you visit or shop at PensForBartenders.com, or use Pens for Bartenders products or services (collectively, “Pens for Bartenders Services"). Pens for Bartenders provides the Pens for Bartenders Services subject to the following conditions.

By using Pens for Bartenders Services, you agree to these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your use of Pens for Bartenders Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Pens for Bartenders Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Pens for Bartenders may communicate with you by e-mail or by posting notices on this site or through the other Pens for Bartenders Services. You agree that all agreements, notices, disclosures and other communications that Pens for Bartenders provides to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Pens for Bartenders Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Pens for Bartenders or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Pens for Bartenders Service is the exclusive property of Pens for Bartenders and protected by U.S. and international copyright laws.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Pens for Bartenders or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Pens for Bartenders Services. This license does not include any resale or commercial use of any Pens for Bartenders Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pens for Bartenders Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Pens for Bartenders or its licensors, suppliers, publishers, rightsholders, or other content providers. No Pens for Bartenders Service, nor any part of any Pens for Bartenders Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pens for Bartenders. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pens for Bartenders without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pens for Bartenders' name or trademarks without the express written consent of Pens for Bartenders. You may not misuse the Pens for Bartenders Services. You may use the Pens for Bartenders Services only as permitted by law. The licenses granted by Pens for Bartenders terminate if you do not comply with these Conditions of Use or any Service Terms.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. Pens for Bartenders reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless Pens for Bartenders indicates otherwise, you grant Pens for Bartenders a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pens for Bartenders and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pens for Bartenders for all claims resulting from content you supply.  Pens for Bartenders has the right but not the obligation to monitor and edit or remove any activity or content. Pens for Bartenders takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT & TRADEMARK COMPLAINTS

Pens for Bartenders respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your trademark is used in a wat that constitutes trademark infringement, please email info@pensforbartenders.com

RISK OF LOSS

All items purchased from Pens for Bartenders are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Pens for Bartenders does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Pens for Bartenders does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

PRODUCT DESCRIPTIONS

Pens for Bartenders attempts to be as accurate as possible. However, Pens for Bartenders does not warrant that product descriptions or other content of any Pens for Bartenders Service is accurate, complete, reliable, current, or error-free. If a product offered by Pens for Bartenders itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Pens for Bartenders Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. 

With respect to items sold by Pens for Bartenders, Pens for Bartenders cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Pens for Bartenders is higher than our stated price, Pens for Bartenders will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. 

Pens for Bartenders charges your credit card at the time of your order.

DISCLAIMER OF WARRANTIES

You understand that Pens for Bartenders cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.   PENS FOR BARTENDERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PENS FOR BARTENDERS NOR ANY PERSON ASSOCIATED WITH THE PENS FOR BARTENDERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PENS FOR BARTENDERS NOR ANYONE ASSOCIATED WITH THE PENS FOR BARTENDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE PENS FOR BARTENDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF PENS FRO BARTENDERS TO YOU FOR DAMAGES FOR ANY AND ALL CAUSE WHATSOEVER AND THE MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE NET FEE PAID OR PAYABLE BY YOU TO PENS FOR BARTENDERS.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York although Pens for Bartenders retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Pens for Bartenders Services. Pens for Bartenders reserves the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.