Pentel Terms of Use/Legal Notice

PLEASE READ THESE TERMS OF USE CAREFULLY.  By accessing or using this website you acknowledge and agree to these terms of use and agree to enter into this legally binding contract with Pentel of America, Ltd.  Do not access or use this website if you are unwilling or unable to be bound by these terms of use.  This website is owned and operated by Pentel of America, Ltd., and it has the right to revise these terms of use at any time without providing notice to you.  Please check back periodically for changes to these terms of use.

DEFINITIONS

“We”, “us” and “our” refer to Pentel of America, Ltd. 

“You” and “your” refer to you as a user of this website.  A user is a person who accesses, browses, crawls, or in any other way uses this website. 

“Content” means any graphics, images, photographs, texts, audio, video, and all other forms of data or information disclosed, offered or provided to us by or through this website, including but not limited to postings on interactive portions of this website or emails to Pentel of America, Ltd.

USER CONTENT

By posting, uploading, inputting, providing or submitting any materials or information, including, without limitation, comments, ideas, feedback or suggestions (collectively, “Information”), you hereby grant Pentel permission to use said Information, including, without limitation, the license to copy, distribute, transmit, publicly display, perform, reproduce, edit, modify, translate, and reformat said Information, as well as the right to sublicense such rights to any of Pentel’s agents, retailers, distributors, or service providers.

You further warrant and represent that you own or otherwise have the right and authority to post, upload, or grant Pentel the licenses set forth above with respect to any such submission of Information.  Pentel and its employees and other agents do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products, or services.  Please do not send us any original creative artworks, samples, demos, or other works.  Pentel makes no assurances that your ideas and materials will be treated as confidential or proprietary, other than as expressly provided for in Pentel’s Privacy Policy and Terms of Use.

You acknowledge that no compensation will be provided to you for any submission of Information to Pentel, or for granting the licenses set forth above, and that Pentel makes no offer, representation or guarantee regarding employment, benefit or compensation as a result of any such submission.

By providing any Content to us, you hereby RELEASE Pentel of America, Ltd. from any liability under any legal theory in connection with the use, modification, sale, or disclosure of such Content.  To the extent you retain any rights, you hereby grant to Pentel of America, Ltd. the unlimited, worldwide, perpetual right to reuse, redistribute, modify and create derivative works from any Content provided by you for any purpose and in any media without compensation, and you warrant that you have waived all “moral rights” that you may have in such Content.

HYPERLINKS

This website may provide, or third parties may provide, links to other World Wide Web sites or resources.  You acknowledge and agree that Pentel of America, Ltd. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, marketing, products, services or other Content on or available from such sites or resources. You further acknowledge and agree that Pentel of America, Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any advertising, marketing, products, services or other Content available on or through any such site or resource.  By accessing or using this website or third parties’ sites or resources, you are solely responsible for compliance with all applicable laws and regulations. 

RULES OF ACCEPTABLE CONDUCT

Pentel of America, Ltd. does not ordinarily pre-screen, filter, censor, edit or regulate Content provided by third parties on this website. We neither endorse nor are responsible for the accuracy, completeness, usefulness or reliability of such Content.  You acknowledge and agree that under no circumstances shall Pentel of America, Ltd. be liable, directly or indirectly, for the accuracy or reliability of the Content provided by us or submitted to us by third parties.

By providing any Content to us, you represent that you have the proper right and authority to access, share or use the Content you upload, post, email, transmit or otherwise make available and agree to abide by the following rules of acceptable conduct:

(1) You will not upload, post, email, transmit or otherwise make available any harmful, harassing, infringing, defamatory, vulgar, obscene, pornographic, threatening, abusive, illegal or otherwise improper or objectionable content.
(2) You will not upload, post, email, transmit or otherwise make available any material that contains viruses or other harmful components.
(3) You will not use the website to further any illegal purpose or to violate the rights of any party.
(4) You will not impersonate any person or entity, or otherwise falsely state or otherwise misrepresent your affiliation with any person or entity.
(5) You will not forge or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this website or any third party’s site or resource.
(6) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services, including but not limited to promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
(7) You will not upload, post, email, transmit or otherwise make available any Content that infringes any intellectual property rights of any party, including but not limited to patent, trademark, trade secret, copyright or other proprietary rights.
(8) You will not intentionally or unintentionally violate any applicable international, national, federal, state or local law or regulations.
(9) You will not collect or store personal data and information of other users in connection with the prohibited conduct and activities set forth in paragraphs (1) through (8) above.

NO REPRESENTATIONS OR WARRANTIES

Pentel of America, Ltd. makes no representations or warranties that this website meets your expectations or requirements or is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Pentel of America, Ltd. computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD PENTEL OF AMERICA, LTD. HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. PENTEL OF AMERICA, LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PENTEL OF AMERICA, LTD. OR THROUGH ANY THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PENTEL OF AMERICA, LTD. BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR GOODWILL THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PENTEL OF AMERICA’S, LTD. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PENTEL OF AMERICA, LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, MODIFY, OR OTHERWISE MAKE AVAILABLE THROUGH THIS WEBSITE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. 

JURISDICTION AND CHOICE OF LAW

Pentel of America, Ltd. controls and manages this website from its facilities in the State of California in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You and Pentel of America, Ltd. irrevocably consent to the exclusive jurisdiction of the courts located in Illinois in connection with any action arising out of or related to these terms of use or their subject matter. You and Pentel of America, Ltd. waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Pentel of America, Ltd. or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Pentel of America, Ltd. is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America or other applicable jurisdictions.

Pentel of America, Ltd. expressly forbids you from the unauthorized use of its intellectual property, including but not limited to displaying or using its logos, trademarks, or other graphics in any manner for any purpose.

SECURITIES AND INVESTMENT

This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

This website may contain information and press releases about and by Pentel of America, Ltd. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to, general economic and currency conditions, various conditions specific to the Pentel of America’s, Ltd. business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Pentel of America’s, Ltd. accounting policies, future trends, and other risks which are detailed in our Securities and Exchange Commission filings.

SEVERABILITY

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of your account information from this website.

You acknowledge, agree and consent that Pentel of America, Ltd. may access, preserve and disclose your account information and Content without notice to you if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) enforce these terms of use; (ii) comply with the legal process; or (iii) respond to claims that any Content violates the rights of third parties.

GENERAL

These terms of use represents the entire agreement between you and Pentel of America, Ltd. and governs your use of this website and prevails over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Pentel of America, Ltd. reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights we may have at any time.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

Unless otherwise indicated, all material on this site © 2010 Pentel of America, Ltd. All rights reserved.