Terms of Use

Acceptance of These Terms

This website, shieldandpen.com (“Website”), requires consideration for and as a condition of allowing you access. By visiting or interacting with this Website, you acknowledge that you have read and accepted these Terms of Use, as well as our Privacy Policy. If you do not agree to be bound by all of the following terms, you are prohibited from using or accessing this Website.

All persons are denied access to this Website unless they have read and accepted these Terms of Use and the Privacy Policy. By viewing, visiting, using, or interacting with shieldandpen.com, including any banner, pop-up, or advertising displayed on it, you agree to all provisions of these Terms of Use and the Privacy Policy.

Age Restriction

All persons under the age of 18 are denied access to this Website. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with the contents of this Website in any manner. This Website specifically denies access to any individual covered by the Child Online Privacy Protection Act (COPPA) of 1998.

Right to Deny Access

This Website reserves the right to deny access to any person or viewer for any reason, subject to our Privacy Policy. The Website is allowed to collect and store data and information for the purpose of exclusion and other uses, as specified in the Privacy Policy.

Changes to These Terms

We may modify these Terms of Use at any time. Visitors have an affirmative duty to keep themselves informed of changes by reviewing these Terms periodically. Your continued use of the Website after any such modification constitutes your acceptance of the modified Terms.

Parties to the Terms of Use Agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers—collectively referred to herein as “Visitors”—are parties to this agreement. The Website and its owners and/or operators are also parties to this agreement, herein referred to as the “Website.”

Use of Information From This Website

Unless you have entered into an express written contract with this Website to the contrary, Visitors have no right to use any information available on this Website in a commercial or public setting. They may not broadcast, copy, save, print, sell, or publish any portion of the content on this Website. By viewing the contents of this Website, you agree to these conditions of viewing, acknowledging that unauthorized use may be unlawful and could subject you to civil or criminal penalties. You further agree to liquidated damages of U.S. $100,000 in addition to costs and actual damages for any breach of this provision. You warrant that you understand that your acceptance of this provision is a condition of viewing, and that viewing constitutes acceptance.

Ownership of Website or Right to Use, Sell, Publish Contents

The Website and its contents are owned or licensed by the Website. Materials contained on this Website must be presumed proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of Website content for any reason is unlawful unless it is done with the express permission of the Website or under an express contract.

Hyperlinking, Co-Branding, “Framing,” and Referencing the Site

Unless expressly authorized by the Website, you may not hyperlink to this site or any portion of it, including (but not limited to) logotypes, trademarks, or copyrighted material. You also may not reference the URL of this Website in any commercial or non-commercial media without express permission, nor are you permitted to “frame” the site. You specifically agree to cooperate with the Website to remove or deactivate any such links or frames upon request and accept liability for any damages resulting from such violation. You further agree to liquidated damages of U.S. $100,000 plus costs and actual damages for violating this provision.

Disclaimer for Contents of Site

The Website disclaims any responsibility for the accuracy of the content on this site. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have formed an express contract with the Website to the contrary, you have no right to rely on any information contained herein as accurate. The Website makes no such warranty.

Disclaimer for Harm to Your Computer or Software

The Website assumes no responsibility for damage to computers or software of the Visitor or any person the Visitor subsequently communicates with from corrupting code or data inadvertently passed to the Visitor’s computer. Visitor views and interacts with this site and any banners, pop-ups, or advertising displayed on it at their own risk.

Disclaimer for Harm Caused by Downloads

Visitor downloads information from this site at their own risk. The Website makes no warranty that downloads are free of corrupting computer code, including (but not limited to) viruses and worms.

Limitation of Liability

By viewing, using, or interacting in any manner with this site—including banners, advertising, pop-ups, and downloads—and as a condition of the Website allowing lawful viewing, the Visitor forever waives all rights to claims of damage of any and all descriptions based on any causal factor resulting in any possible harm, regardless of foreseeability or whether it is physical, emotional, business, or personal in nature.

Indemnification

Visitor agrees that in the event they cause damage, which the Website is required to pay for, Visitor will, as a condition of viewing, reimburse the Website for all related costs.

Submissions

Any communication between the Visitor and the Website is deemed a “Submission.” All Submissions—including any text, graphics, or content included—become the exclusive property of the Website and may be used for commercial use without further permission or consideration of any kind. Visitor agrees to only communicate information they wish to allow the Website to use freely.

Notice

No additional or different notice of any kind is due to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.

Disputes

As part of the consideration that the Website requires for viewing, using, or interacting with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“Claim”) of any kind (whether in contract, tort, or otherwise) arising out of or relating to use of this Website. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association (AAA). Any hearing will take place in or near the city or county of the Seller as determined by the Website.

In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided by the AAA’s rules, nor the right to participate as a representative or member of any class pertaining to any Claim subject to arbitration. The arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.

Jurisdiction and Venue

If any matter concerning your use of this Website is brought before a court of law, pre- or post-arbitration, you agree the sole and proper jurisdiction will be the state and city declared in the contact information of the Website owner, unless otherwise specified. If a matter is in federal court, the proper court shall be the closest federal court to the Website owner’s address.

Applicable Law

By using shieldandpen.com, you agree that the applicable law shall, in all cases, be that of the state of the Website owner.

Last Updated: [01/10/2025]

These Terms of Use are subject to change without notice. Your continued use of the site after changes are posted constitutes your acceptance of the modified Terms.