UPDATED: December 12, 2023

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER www.dayspringpens.com. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES see Sections 12 and 13. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://www.dayspringpens.com/, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Dayspring Pens (“Dayspring Pens,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 14 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 14 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (https://www.dayspringpens.com/pages/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. ACCOUNT REGISTRATION
5. MODIFICATIONS TO THE WEBSITE AND PRICES
6. PAYMENT
7. SHIPPING
8. DELIVERY CONFIRMATION
9. RETURNS AND REFUNDS
10. SOCIAL MEDIA
11. DISCLAIMER OF WARRANTIES
12. DISCLAIMER OF LIABILITIES
13. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
14. INDEMNIFICATION
15. THIRD-PARTY WEBSITES AND LINKS
16. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
17. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
18. USER-PROVIDED CONTENT FOR CUSTOM ORDERS
19. ELECTRONIC COMMUNICATIONS
20. ASSIGNMENT
21. NO WAIVER
22. NO AGENCY RELATIONSHIP
23. SEVERABILITY
24. GOVERNING LAW/EXCLUSIVE JURISDICTION
25. TERMINATION
26. ENTIRE AGREEMENT
27. QUESTIONS OR ADDITIONAL INFORMATION

 

TERMS AND CONDITIONS OF USE AND SALE

 

1. WEBSITE USE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

2. PRIVACY & SECURITY DISCLOSURE

Our privacy policy may be viewed at https://www.dayspringpens.com/pages/privacy-policy. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms. Dayspring Pens reserves the right to modify the privacy policy at its sole discretion.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

4. ACCOUNT REGISTRATION

You may be required to create an account with Dayspring Pens. If you do, you warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Dayspring Pens user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Dayspring Pens under your user account. You agree to immediately notify Dayspring Pens of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Dayspring Pens is not liable, and you will hold Dayspring Pens harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 15 below for additional information

5. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping Policies.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

6. PAYMENT

All charges are in U.S. Dollars. Dayspring Pens accepts all major credit cards, Apple Pay, and Google Pay.

When placing an order online, you will need:

1. The address the card’s statement is sent to (billing address);
2. The card number and expiration date; and
3. The 3 or 4 digit code found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

7. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to refuse service or provide products to anyone for any reason. In the event we deny your order or request for service, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.

8. SHIPPING

Dayspring Pens ships to addresses located in the United States and internationally using various commercial carriers, including USPS, UPS, and FedEx. International customers are solely responsible for any import taxes or duties on orders. Import taxes/duties will not be included in your order. International customers are responsible for making any necessary payment to customs authorities.

Orders for non-custom, in-stock products generally ship within 24-48 business hours of the time of placement (not including weekends and holidays). Delivery for orders in the Continental United States typically arrive within 2-6 business days. Delivery times for international orders varies based on location. For additional information concerning rush orders or contact Dayspring Pens for assistance.

Order completion and delivery times for custom-ordered products varies. Custom orders usually ship within 2 business days.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately by phone or email (1-888-694-7367 / support@dayspringpens.com). You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.

9. DELIVERY CONFIRMATION

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

10. RETURNS AND REFUNDS

We want you to love every Dayspring Pens purchase you make, but, occasionally, a product may not meet your expectations. If you are not totally satisfied with your purchase, it may be returned and refunded within 30 days of shipping date. Restocking fees will apply on custom orders. Returns or exchanges after 30 days of shipment require approval from our Customer Support Team. Please review our Return Policy for more information. Don’t hesitate to contact us if you need assistance—We’re there to help! Please reach out to us!

11. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Policy apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Dayspring Pens. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

12. DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. DISCLAIMER OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL DAYSPRING PENS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER Dayspring Pens HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, DAYSPRING PENS IS FOUND LIABLE UNDER ANY THEORY, DAYSPRING PENS' LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER DAYSPRING PENS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

Virtual Expedited ArbitrationAny unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion.“A party shall initiate an arbitration through New Era ADR at https://app.neweraadr.com. The contact information for Dayspring Pens shall be support@dayspringpens.com and for the counterparty it shall be the last known email address. For more information on initiating disputes please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute please contact support@neweraadr.com.

Class Action Waiver. YOU AND DAYSPRING PENS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Dayspring Pens are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither You nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in SECTION 24 below.

Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to the following address: Dayspring Pens Legal Department, 2509 Encounter Court STE 101 Virginia Beach, VA 23453, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, the email address You used to set up Your Account, and an unequivocal statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with us.

15. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Dayspring Pens, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

16. THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

17. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

Dayspring Pens may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Dayspring Pens’ products, in printed and online media, as Dayspring Pens determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that You may have using our products or services.

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Additionally, Dayspring Pens reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Dayspring Pens shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

18. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Dayspring Pens

Attn: DMCA/Copyright Agent

2509 Encounter Court STE 101

Virginia Beach, VA 23453

Tel: 888-694-7367

Email Address: support@dayspringpens.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

19. USER-PROVIDED CONTENT FOR CUSTOM ORDERS

Dayspring Pens does not and cannot review all communications and materials posted to or created by users accessing the Website, and it 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 Website, Dayspring Pens is merely acting as a passive conduit for what is bought, created, sold, or otherwise distributed through the use of its Website and undertakes no obligation or liability relating to any of its users’ content or activities on the Website. As creators and owners of the content they upload to the Website, users, not Dayspring Pens, is ultimately responsible for the content.

Specifically, Dayspring Pens does not select, modify, or otherwise exercise control over the content its users upload, beyond the general operation of the Dayspring Pens website. Users unequivocally represent and certify that they have all necessary rights and authority to agree to the Terms and enter into this Agreement, and that their exercise of the rights granted thereunder will not violate the intellectual property rights (or any other rights, without limitation, privacy-related rights) of any third party, including, the original owner of such rights. In additions, all users represent and warrant that all images and content they upload to the Website complies with all applicable laws, ordinances, regulations, and licenses. Users represent there are no claims, demands, or any form of litigation pending, or to the best of their knowledge, threatened, with respect to any of the content they have or will upload to the Website. Dayspring Pens does not review the content users upload or store on its Website prior to the time it is uploaded, nor does Dayspring Pens actively participate in or supervise its users’ file upload, preview, or selection processes.

While Dayspring Pens has no obligation to monitor its users’ transactions/uploads on its Website, Dayspring Pens reserves the right, in its sole and absolute discretion, to block, remove, or limit access to any content from the Website at any time, without notice, and without any liability to users or any third party, including, but not limited to, 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 rights of another; or (d) offensive or otherwise unacceptable to Dayspring Pens.

While Dayspring Pens may lack the practical ability to actively screen out, identify, or police potentially infringing content that users upload to its Website, once it has sufficient notice that specific infringing material exists, Dayspring Pens is committed to taking immediate measures to investigate, address, and prevent further infringement complaints. Dayspring Pens has a system in place to remove any infringing content and infringing users promptly upon receipt of sufficient notice. Dayspring Pens will cease providing service to any user in the event that it has sufficient notice that a user is infringing another’s intellectual property rights.

To the extent a user violates this Agreement or the obligations under these Terms, its account is subject to termination and may be liable for any and all consequences resulting from such violation of this Agreement, including, without limitation, liability for monetary damages to third parties.

20. ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

21. ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Dayspring Pens and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Dayspring Pens’ business is transferred to another entity by way of merger, sale of its assets or otherwise.

22. NO WAIVER

No waiver by Dayspring Pens of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Dayspring Pens to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. NO AGENCY RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.

24. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

25. GOVERNING LAW/EXCLUSIVE VENUE

These Terms, including the Arbitration Agreement and the arbitrator’s authority thereunder, shall be interpreted in accordance with the substantive law of the Commonwealth of Virginia without regard to conflicts of law principles. The parties consent to, and forever waive any challenge to the exclusive personal jurisdiction and venue of the state and federal courts in Virginia Beach, Virginia.

26. TERMINATION

In the event that we terminate this Agreement, Sections 2-5, 13-17, 19-25, 27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

27. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Dayspring Pens, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

28. QUESTIONS OR ADDITIONAL INFORMATION

If you have questions or need assistance, please contact our customer support team by phone or email.

Dayspring Pens

2509 Encounter Court STE 101 Virginia Beach, VA 23453

Tel: (888) 694-7367

Email: support@dayspringpens.com

 

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