Terms of Service

1. Introduction
   These Terms of Service (the “Terms”) govern your use of the websites, mobile applications, and other online properties (collectively, the “Platform”) owned and operated by Dr. Pen America Inc. (“Dr. Pen” or “we”). By using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any other applicable policies and guidelines.
2. Eligibility
   To use the Platform, you must be at least 18 years old and a resident of the United States. If you are under the age of 18, you must have the consent of a parent or legal guardian to use the Platform.
3. Account Creation and Security
   To create an account on the Platform, you must provide accurate and complete information, including your name, email address, and password. You are responsible for maintaining the confidentiality of your account and password, and you agree to notify us promptly of any unauthorized use of your account or password. You further agree to use the Platform only for personal, non-commercial purposes and not to engage in any activities that could damage, disable, overburden, or impair the Platform.
4. Proprietary Rights
   All content on the Platform, including text, images, graphics, software, and other materials (the “Content”), is the exclusive property of Dr. Pen or its licensors, and is protected by copyright, trademark, and other proprietary rights. You acknowledge and agree that the Content is protected by these rights and that you have no right to use, reproduce, modify, or distribute the Content without our prior written consent.
5. User Submissions
   The Platform may permit you to submit reviews, comments, suggestions, ideas, and other content (collectively, “User Submissions”). By submitting User Submissions, you hereby grant Dr. Pen a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the User Submissions in connection with our business, including for marketing and promotional purposes. You waive any moral rights you may have in the User Submissions.
6. Representations and Warranties
   You represent and warrant that your use of the Platform will be in strict compliance with these Terms and all applicable laws and regulations. You further represent and warrant that your User Submissions do not and will not infringe the rights of any third party, including intellectual property rights, rights of publicity, and rights of privacy.

7. Disclaimer of Warranties
THE PLATFORM AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DR. PEN AMERICA INC. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8. Limited Liability
   UNDER NO CIRCUMSTANCES SHALL DR. PEN AMERICA INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTal, CONSEQUential, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHether IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, arising out of or in connection with the use of the platform.
9. Termination
   DR. PEN AMERICA INC. RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE PLATFORM AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE. UPON TERMINATION, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM AND DELETE ALL COPIES OF THE CONTENT AND ANY OTHER MATERIALS DOWNLOADED FROM THE PLATFORM.
10. Governing Law and Jurisdiction
    These Terms of Service shall be governed by and constructed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any disputes arising out of or related to these Terms of Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11. Entire Agreement
    These Terms of Service constitute the entire agreement between you and Dr. Pen America Inc. relating to the use of the Platform, and supersede all prior or contemporaneous agreements, whether written or oral, concerning the subject matter hereof. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and Dr. Pen America Inc.’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
    Please carefully read and understand these Terms of Service before using the Platform. By using the Platform, you acknowledge that you have read, understood, and agreed to

12. Indemnification
You agree to defend, indemnify, and hold harmless Dr. Pen America Inc., its officers, directors, employees, agents, affiliates, distributors, licensors, and suppliers from and against any judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Platform, including but not limited to any alleged infringement or misappropriation of intellectual property rights, violation of these Terms of Service, or any other breach of your obligations under these Terms of Service.

13. Export Control
    You acknowledge that the Platform is subject to export control laws and regulations of the United States and other countries, and you agree to comply with all such laws and regulations. You shall not upload, download, or otherwise transmit any data or information from or to a country subject to economic sanctions or trade embargo by the United States or other countries.
14. Dispute Resolution
    Any controversy or claim arising out of or relating to these Terms of Service, the Platform, or the use of the Platform shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any other controversy or claim. The arbitration shall be conducted in the English language and the arbitration award shall be final and binding.
15. Governing Law
    These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
16. Severability
    If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Assignment
    These Terms of Service cannot be assigned by you without the prior written approval of Dr. Pen America Inc.
18. Headings
    The headings and captions in these Terms of Service are for convenience only and shall not be considered in interpreting or construing these Terms of Service.
19. Entire Agreement
    These Terms of Service constitute the entire agreement between you and Dr. Pen America Inc. regarding the use of the Platform, and supersede all prior or contemporaneous agreements, whether written or oral, concerning the subject matter hereof.
    By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Platform.

20. Changes to these Terms of Service
We reserve the right to update and change these Terms of Service from time to time, at our sole discretion. If we make material changes to these Terms of Service, we will notify you by email or by posting notice of the changes on the Platform. Your continued use of the Platform following the effective date of any changes to these Terms of Service constitutes your acceptance of such changes.

21. Contact Us
    If you have any questions or concerns about these Terms of Service or the Platform, please contact us at [email protected].
22. Entire Agreement
    These Terms of Service, together with the Privacy Policy and any other documents referred to herein, constitute the entire agreement between you and Dr. Pen America Inc. regarding your use of the Platform and supersede all prior or contemporaneous agreements, whether written or oral, between you and Dr. Pen America Inc.
23. Applicable Laws
    These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York and Wyoming, without giving effect to any principles of conflicts of law.
24. Dispute Resolution
    Any disputes arising out of or related to these Terms of Service or your use of the Platform shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such disputes shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any other disputes. The arbitration shall be conducted in the English language and the arbitration award shall be final and binding.
25. Language
    These Terms of Service are written in English (language). Les termes et conditions sont écrits en anglais (langue).
    By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Platform.

26. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms of Service if such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, civil commotion, fire, flood, earthquake, epidemic, or other natural disaster.

27. Assignment
    These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent.
28. Headings
    The headings and captions used in these Terms of Service are for reference purposes only and shall not be considered in the interpretation or construction of these Terms of Service.
29. Amendment
    We reserve the right to amend or modify these Terms of Service at any time, without notice to you. Your continued use of the Platform after the effective date of any amendments or modifications shall be deemed as your acceptance of such changes. It is your responsibility to regularly review these Terms of Service for any changes.
30. Miscellaneous
    These Terms of Service constitute the entire understanding between you and us regarding your use of the Platform and supersedes all prior negotiations, understandings, and agreements between you and us. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Service. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of our right to enforce such provision. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms of Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.Thank you for taking the time to review our Terms of Service. We hope that you enjoy using our Platform!