HIGDON WRITING INSTRUMENTS, LLC (“Higdon”) CONDITIONS OF USE

Use of this website and purchases made at this website are subject to these Conditions of Use, in conjunction with the privacy policies, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on this site. In addition, other notices and policies posted on this site also govern the use of this website and purchases made on this website. Higdon reserves the right to make changes to its site, policies, notices, prices, and any other applicable terms and conditions at any time. Please read, and consult regularly, all terms and conditions, notices, and policies carefully before using and/or making a purchase on the website. Users acknowledge that they have had access to all terms and conditions, notices, and policies upon entering the website and agree with all website terms and conditions, notices, and policies upon use of and/or purchase of goods through the website.

1. ELECTRONIC COMMUNICATIONS – By using this website and/or by sending an e-mail to Higdon, users communicate with Higdon electronically. Users consent to receive communications from Higdon electronically. Users agree that all agreements, notices, disclosures and other communications provided by Higdon through electronic means, including via e-mail and/or posting notices on this website, satisfy any legal requirements that such communications be in writing.

2. COPYRIGHT – All applicable content included on this site, including but not limited to text, graphics, logos, images, software, and/or compilations, is the property of Higdon and/or its content providers, is licensed for use by Higdon and/or its content providers, and is protected by all applicable United States and international copyright laws. All rights are reserved.

3. TRADEMARKS – All applicable content included on this site, including but not limited to trademarks, service marks, and/or logos, are trademarks, registered trademarks, service marks, registered service marks, trade dress, and/or trade secrets owned by Higdon or licensed for use by Higdon and/or its content providers. Such content is protected by all applicable laws in the United States and/or other countries, including but not limited to the Georgia Trade Secrets Act, O.C.G.A. §10-1-760, et seq. This content shall not be used in any manner whatsoever without the express, written permission of Higdon or the applicable third party. Specifically and without limiting the foregoing, this content shall not be used in any manner likely to cause confusion or in any manner that disparages or discredits Higdon.

4. LICENSE, SITE ACCESS, USE OF MATERIALS ON THIS SITE – Higdon grants users of this website a limited license to access this site for personal use only. Neither this website nor any or all of its content, including but not limited to text, graphics, logos, trademarks, and images, may be downloaded (other than page caching) and/or modified without the express, written consent of Higdon. This limited license does not include any commercial and/or public use of this site or its contents. This site and/or its contents cannot be reproduced, duplicated, distributed, modified, displayed, copied, sold, resold, visited or otherwise used for any commercial and/or public use without the express, written consent of Higdon. Higdon does not authorize linking to its website from any third party website without the express, written consent of Higdon. Any unauthorized use of this website or its contents terminates the permission or limited license granted by Higdon.

5. USER SUBMISSIONS – Unless Higdon indicates otherwise, any and all information and material submitted by users of this website, including but not limited to data, questions, comments, and/or suggestions, will be treated as non-confidential and non-proprietary by Higdon. By submitting information and/or material to this website or Higdon, via the website itself, e-mail, or any other manner or means whatsoever, users grant Higdon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, edit, translate, creative derivative works from, distribute, and display such content throughout the world in any media now known or hereafter developed. User-submitted information and/or material may be used by Higdon for any purpose, including but not limited to reproduction, disclosure, transmission, publication, posting, developing, and/or marketing.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HIGDON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIGDON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIGDON DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR E-MAIL SENT FROM HIGDON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIGDON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7. INTERPRETATION - The headings appearing in these Conditions of Use, in conjunction with any such headings in the privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on this site, are inserted only as a matter of convenience and in no way amplify, define, limit, construe or describe the scope or intent of such provisions. The neuter, feminine or masculine pronoun when used shall each include each of the genders and the use of the singular shall include the plural. The language of this these Conditions of Use, in conjunction with the privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on this site, will in all cases be construed simply according to its fair meaning and not strictly for or against Higdon or applicable website users and/or visitors.

8. NO WAIVER - No waiver by Higdon with respect to any breach or default or of any right or remedy and no course of dealing shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is hereafter expressed in writing signed by the party to be bound.

9. SEVERABILITY - If any term, condition or provision of these Conditions of Use, in conjunction with the terms of any privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on this site, or the application thereof is judicially or otherwise determined to be invalid or unenforceable, or if the Parties mutually agree in writing to any revision of this Agreement, the remainder of this Agreement, and/or the application thereof to situations other than that as to which it is invalid or unenforceable, shall not be affected, and these Conditions of Use, in conjunction with the privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on this site, shall otherwise remain in full force and effect.

10. SURVIVAL OF OBLIGATIONS - All obligations which by their nature survive termination will survive termination of this website and/or users’ access to it.

11. APPLICABLE LAW - The validity, enforceability, and interpretation of these Conditions of Use, in conjunction with the privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on this site, will be determined in accordance with laws of the State of Georgia without giving effect to Georgia’s conflict of law principles.

12. JURISDICTION – Any proceeding arising out of or relating to these Conditions of Use, in conjunction with the privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on this site, shall be brought either in the courts of (i) the State of Georgia, County of Cobb, or (ii) if it has or can acquire jurisdiction, in the United States District Court for the Northern District of Georgia.

13. OUR ADDRESS: Higdon Writing Instruments, 4384 Ivywood Drive, Marietta, Georgia 30062, e-mail address This e-mail address is being protected from spambots, you need JavaScript enabled to view it .