Terms of Service

Terms of Use Agreement

Effective Date: This Terms of Use Agreement was last updated on July 2, 2020.

Thank you for visiting our website. These “Terms of Use” set forth the terms and conditions that apply to your use of www.penwizards.com and www.ppewizards.com (“Website”). By using the Website (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Website is personal to you and is not transferable to any other person or entity. By using this Website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at this Website. Your continued use of this Website after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Copyrights and Trademarks

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©Penwizards with all rights reserved, or is the property of PenWizards Inc. and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PenWizards Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PenWizards.

All other trademarks and brands displayed on this Website are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PenWizards.

Links to Third-Party Website

This Website may include links to other sites on the Internet that are owned and operated by online merchants, suppliers and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

Product and Services

The products, services, features and descriptions mentioned on this Website are intended to be general descriptions of the types of products and services and features offered, and are not necessarily included in all products and services which we offer. Because every client’s needs are different, each project is quoted separately. Many products and services have different components, features and descriptions, even though they may be offered under the same service mark or brand. Regardless of any information displayed on this Website, you should request a specific price quotation for your project or program, and request that the quote include the specific products, services, components and features that you would like. Many programs and services which are presented on this Website under a specific service mark or brand may be available with various features, options and components which may be different than those presented on this Website even though they are marketed under the same service mark or brand. The User acknowledges that any feature, option, component, functionality or description mentioned on this Website is not necessarily a part of every product or service offered by PenWizards or PPEWizards. The User acknowledges that any feature, option, component, functionality or description mentioned on this Website is not necessarily a part of every product or service mentioned on this Website. The User acknowledges that any feature, option, component, functionality or description mentioned on this Website is not necessarily a part of every product or service marketed under a particular service mark or brand. The User acknowledges that any features, descriptions, components or other aspects of products and services described on this Website may not necessarily be included in products and services which they may purchase unless the specific features, components and services are specifically mentioned in a specific written price quotation specifically created for the User and addressed to the User. Because the results from using the products and services described on this Website are subject to many factors outside of our control, no specific results are implied or guaranteed.

Disclaimer Regarding Accuracy of Information

The products, services, features and descriptions mentioned on this Website may change from time to time. The User acknowledges that any features, descriptions, components or other aspects of products and services described on this Website may change from time to time, and may vary from the descriptions shown on this Website.

Many of the product specifications and other information have either been provided by Vendors or collected from other sources. While PenWizards Inc. makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.

Modifications and Interruption to Service

The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.

PenWizards Inc. reserves the right to modify or discontinue the Website with or without notice to the User. PenWizards Inc. shall not be liable to User or any third party should PenWizards Inc. exercise its right to modify or discontinue the Website. User acknowledges and accepts that PenWizards Inc. does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third Party Vendors

The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.

PenWizards Inc. reserves the right to modify or discontinue the Website with or without notice to the User. PenWizards Inc. shall not be liable to User or any third party should PenWizards Inc. exercise its right to modify or discontinue the Website. User acknowledges and accepts that PenWizards Inc. does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Indemnification

User agrees to indemnify and hold PenWizards Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Website, the violation of this Agreement, or infringement by User, or other user of the Website using User’s computer, of any intellectual property or any other right of any person or entity.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use this Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Changes to These Terms of Use

PenWizards Inc. reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to PenWizards Inc. with any questions relating to these Terms of Use at: info@productwizards.com

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PenWizards Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by PenWizards Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.