Terms & Conditions

Farrell Woods User Agreement

Welcome to fwpens.com. The following describes the terms on which Farrell Woods LLC offers you access to its services. The terms "we", "us", "our" and "Farrell Woods" refer to Farrell Woods LLC. By accessing or using the services on the fwpens.com website (the “Site”) you are agreeing to the following terms and conditions. Please take a few moments to carefully read all of the terms and conditions in this User Agreement. If you do not accept all of these terms and conditions, please do not use our services or this Site.

We retain the right at any time, at our sole discretion, to change or otherwise modify this User Agreement without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified User Agreement. Farrell Woods may also offer other services through this Site that may be governed by this User Agreement and/or such other or additional agreements, terms and conditions designated by Farrell Woods and made available through the Site. By using any service associated with this Site, you acknowledge that you have reviewed all terms and conditions for such service and agree to be bound by them. You agree to periodically review this User Agreement and all other applicable user agreements and policies to be apprised of any such changes.

Farrell Woods reserves the right as sole discretion, from time to time and without prior notice, to modify, amend or supplement any and all provisions of this User Agreement or Farrell Wood’s Privacy Policy, or any other document posted by Farrell Woods applicable to your use of the Site or any of the services offered through the Site.

Your Use of Information from this Site
This Site contains information, data, advice, text and other materials compiled from a variety of third-party sources. Farrell Woods has not verified and in no respect endorses any of these materials in terms of their accuracy, completeness or otherwise.  All such materials are provided for your convenience and for information purposes only.

You understand and agree that the fwpens.com website is provided "AS-IS" and without any warranty of any kind, including but not limited to any warranty as to accuracy, completeness or fitness for a particular purpose. We reserve the right, at any time, to modify, remove or discontinue any content or services of the Site or any features or products made available through this Site without notice; to charge fees in connection with the use of the Site or its services; to modify and/or waive any fees charged by Farrell Woods; and/or to offer special promotions or other opportunities to some or all Site users. Unless explicitly stated otherwise, any new features that augment or enhance the Site, shall be subject to this User Agreement.

Farrell Woods assumes no responsibility for the deletion, failure to store or process, or timeliness of any communications with users or personalization settings.  We will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Member Registration
We welcome you to visit and participate in the services and features available through the Site. In order to better use the various services offered through the Site, we encourage you to become a fwpens.com website member. When you elect to become a Site member, you agree to (i) provide true, current, and accurate information about yourself as prompted by the registration form(s), and (ii) maintain and update your registration information to keep it true, current, and complete.

We reserve the right, at our sole discretion including taking technical and legal steps, to suspend, lock or terminate your membership account and the services we offer, and refuse any and all further use of the Site by you for any reason including, but not limited to: (a) if any information provided by you is believed by Farrell Woods to be untrue, inaccurate, not current, or incomplete (b) if we have reason to believe you are creating problems (such as interfering with another’s use of the Site) or potential legal liabilities for Farrell Woods or any other party, or are acting inconsistently with any of our policies, or (c) if your account is unconfirmed or has been inactive for an extended period of time.

As part of the membership registration process, you will be prompted to select a Username and password. You may not choose a Username that (a) impersonates or could be construed as identifying someone else, (b) is obscene, vulgar, or otherwise offensive to others, in our opinion, or (c) is likely to cause confusion, infringe or otherwise violate another’s trademark or other proprietary rights. We reserve the right to deny use of any Username in our sole discretion. You agree not to allow, transfer or sell your use of, or access to, the Site or any services offered by Farrell Woods, nor permit anyone else whose account or membership was suspended or terminated to use the Site and/or any other services offered by Farrell Woods through your account, Username or password. If you believe that your password is no longer secure, you must promptly change your password and immediately notify us by email at farrellwoods@fwpens.com. You are solely responsible for maintaining the confidentiality of your Username and password and for any and all activities (including purchases) that are conducted through your account. Farrell Woods cannot be responsible and shall not be liable to you or any other person for any loss or damage arising from your failure to comply with the terms of this User Agreement.

Privacy Policy
Farrell Woods believes in protecting your privacy. For a complete explanation of how we collect, use, and protect your personal information, please read our Farrell Woods Privacy Policy . If you object to your information being collected or used in this manner, please do not use our services or this Site. You acknowledge you have read and agree to be bound by Farrell Woods’s Privacy Policy, as may be amended from time to time in accordance with its terms.

You acknowledge, and consent that Farrell Woods may access, preserve and disclose your account information and content if required by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Farrell Woods, its users and the public.

You also understand and agree that certain communications from Farrell Woods, such as service announcements, administrative messages and queries, are considered part of a Farrell Woods membership and you will not be able to opt-out of receiving them.

Your Postings and Conduct on the Site
You acknowledge that Farrell Woods does not control much of the content posted on the Site. Farrell Woods shall have the right, but not the obligation, to pre-screen content submitted for posting on the Site and, without limiting other remedies, Farrell Woods may in its discretion pre-screen, refuse, or delete any content submitted for the Site or uploaded, hosted, posted, transmitted or otherwise made available on the Site. As such, Farrell Woods does not guarantee the accuracy or integrity of such content. You understand that by using the Site, you may be exposed to content that you may find personally offensive or objectionable. Under no circumstances will Farrell Woods be liable in any way for any content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, emailed, transmitted or otherwise made available via the Site.

Without limiting the foregoing, Farrell Woods and its designees shall have the right and unfettered discretion at any time, and without notice, to remove or block access to any content on or made available through the Site that they believe may violate this User Agreement or any policy of Farrell Woods or is otherwise deemed to be objectionable.

You may have the opportunity to upload, post, email, transmit or otherwise make available information, opinions, ideas, personal life experiences, images or other content on the Site. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (content), whether publicly or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not Farrell Woods, are solely and entirely responsible for all content that you upload post, email, transmit or otherwise make available via the Site. Without limiting our rights or remedies hereunder or otherwise, we have attempted to provide guidelines to those posting on our Site

Without limitation to the foregoing, you agree in particular not to use the Site to:

Indemnification
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You agree to indemnify and hold harmless Farrell Woods and its members, managers, officers, employees, agents, subsidiaries, affiliates, partners and licensors from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of the User Agreement, or your violation of any rights of another.  You agree to defend Farrell Woods in any action, litigation, arbitration, or mediation arising from your use of the Site in contravention of this User Agreement.

Submissions
We appreciate hearing from you. Please be aware that by submitting content to Farrell Woods by postal mail, telephone, fax, email, postings on this Site or otherwise, including any service reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Farrell Woods and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. By submitting content to Farrell Woods, you warrant, represent, and agree that material contained in the content does not infringe or otherwise violate the rights, whether under state or federal copyright, trademark, patent, tort or any other law, of any person or entity, and that you have obtained all necessary consents to use any material that may be described, displayed or otherwise referenced or shown in the Submission.  You acknowledge that Farrell Woods may choose to provide attribution of your comments or reviews (for example, listing your username and hometown on a review that you submit) in Farrell Woods’s sole discretion, and that such Submissions may be shared with our affiliates. You further grant Farrell Woods the right to pursue at law any person or entity that violates your or Farrell Woods’s rights in the Submissions. You acknowledge and agree that your Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site.  If you do not agree to these terms and conditions, please do not provide us with any Submissions.

We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against Farrell Woods or our affiliates regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.

Personal Information
Please be aware that by submitting and/or posting personal identifiable information (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), such information will be accessible to other visitors and members participating in the Site, including people you may not know. Members are encouraged to use discretion when communicating with others and/or disclosing personally identifiable information online. Farrell Woods has no control over, and shall have no liability for any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.

Advertisements and Third-party Links
The Site may include advertisements by Farrell Woods and others.  These advertisements are necessary to permit us to provide you with services via the Site.  The Site may also provide links to third-party web sites or other online resources. Because Farrell Woods has no control over such sites and resources, you acknowledge and agree that Farrell Woods is not responsible for the accessibility of such external sites or resources, and does not endorse and is not liable or responsible for any content, advertising, products or other materials or services on or available from such sites or resources. You further acknowledge and agree that Farrell Woods shall not be liable or responsible directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. You should make whatever investigation you feel necessary or appropriate before proceeding with any online interaction or transaction.


Access and Equipment
You are responsible for obtaining online access to the Site. Such access may involve fees payable to third parties such as Internet service provider or for airtime charges. You are solely responsible for paying all such fees. In addition, you must provide, maintain, and are responsible for all equipment necessary to access and utilize the Site.

Copyright and Trademark Information
The Farrell Woods name and logo and other marks identifying Farrell Woods or the Site are the property of Farrell Woods LLC.  All other trademarks, service marks, certification marks, logos, designs, company names or trade names, and all product and service names appearing on this Site are the property of their respective owners.  Except as may be otherwise expressly provided, Farrell Woods and all third-party owners reserve all of their respective rights in and to all material posted on the Site, including, but not limited to, all trademark rights and copyrights existing under any state, federal or foreign law.

Copyright Infringement Claims

If you believe in good faith that any material or content posted on the Site constitutes infringement of another’s copyright, please send the following information to Farrell Woods at the address shown below:

Farrell Woods, LLC

Copyright Infringement Claim
70 Inman Drive
Ingalls, IN 46048

e-mail: farrellwoods@fwpens.com


Choice of Law; Jurisdiction and Venue
This User Agreement and all matters relating to this User Agreement, including, but not limited to, the enforcement and interpretation of this User Agreement, shall be governed by the laws of the State of Indiana.  Any litigation, arbitration, mediation, administrative adjudication, or any other action related to this User Agreement shall be filed and maintained in the proper court or agency situated in Madison County, Indiana or the federal court or agency having jurisdiction in Madison County, Indiana.  You agree that the courts of the State of Indiana shall have personal jurisdiction over you as a defendant in any suit initiated or maintained by Farrell Woods in relation to this User Agreement.