Effective Date: April 09, 2026
Welcome to Penandgear.com (the “Website”), the official online presence for Pen+Gear®, a trusted private label brand of Walmart Inc. These Terms and Conditions (“Terms,” “Terms of Use”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and the operators of this Website regarding your access to and use of https://penandgear.com/, including any content, functionality, products, and services offered on or through the Website.
Please read these Terms carefully before using our Website. By accessing or using any part of Penandgear.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not access or use this Website.
Introduction (Usage Agreement)
Penandgear.com serves as an informational platform and resource center for Pen+Gear® brand products, which include notebooks, pens, journals, shredders, copy paper, planners, organizational supplies, and other stationery and office essentials. This Website is designed to provide comprehensive product information, educational content, customer reviews, pricing details, and general guidance to help consumers make informed purchasing decisions about Pen+Gear® products.
While this Website showcases Pen+Gear® products and their features, please note that all purchases of Pen+Gear® products are conducted through Walmart retail stores and Walmart.com. This Website does not directly process product sales or payment transactions. By using this Website, you understand that product availability, pricing, and purchase transactions are subject to the terms and conditions of Walmart stores and Walmart.com, which operate independently from this informational Website.
This Usage Agreement governs your interaction with all aspects of the Website, including but not limited to browsing product information, reading blog articles, viewing customer reviews, accessing contact information, submitting feedback or inquiries, and utilizing any interactive features or tools that may be available now or in the future.
Agreement to Terms
By accessing this Website, you represent and warrant that you are at least eighteen (18) years of age or have reached the age of majority in your jurisdiction, whichever is greater. If you are under the age of majority, you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Parents and legal guardians are responsible for the online conduct of minors under their supervision.
Your continued use of the Website following any modifications to these Terms constitutes your acceptance of such changes. We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. It is your responsibility to check this page periodically for changes. We will indicate the date of the most recent revision at the top of this page.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to reflect the parties’ intention as closely as possible, and the remaining provisions shall remain in full force and effect.
Permitted Use
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use this Website for lawful, personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:
Commercial Exploitation: You may not use the Website or its content for any commercial purpose without our express written consent. This includes but is not limited to reselling information, using content for business presentations without authorization, or incorporating Website materials into commercial products or services.
Automated Access: You may not use robots, spiders, scrapers, crawlers, or any automated means to access the Website or collect data from it without our prior written permission. Systematic retrieval of data or content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory is strictly prohibited.
Interference with Operations: You must not interfere with or disrupt the Website’s servers, networks, or security features. This includes attempting to gain unauthorized access to any portion of the Website, other users’ accounts, or computer systems or networks connected to the Website through hacking, password mining, or any other means.
Harmful Activities: You may not transmit any viruses, worms, malware, or any code of a destructive nature through or to the Website. You may not use the Website to transmit or distribute spam, chain letters, or other forms of unsolicited communications.
Misrepresentation: You may not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use false headers or identifiers to disguise the origin of any content transmitted through the Website.
Unlawful Purposes: You agree to use the Website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else’s use and enjoyment of the Website.
We reserve the right to terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Website will cease immediately.
Ownership and Copyright
All content on this Website, including but not limited to text, graphics, logos, images, product descriptions, customer reviews, blog articles, design elements, audio clips, video content, digital downloads, data compilations, software, and the overall “look and feel” of the Website, is the exclusive property of Walmart Inc., its affiliates, or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Pen+Gear® name, logo, and all related product names, design marks, and slogans are trademarks or registered trademarks of Walmart Inc. You may not use these marks without the prior written permission of Walmart Inc., except as necessary to identify Pen+Gear® products in a fair and accurate manner.
The compilation of all content on this Website is the exclusive property of Walmart Inc. and is protected by U.S. and international copyright laws. All software used on this Website is the property of Walmart Inc., its affiliates, or its software suppliers and is protected by United States and international copyright laws.
You may view, download, and print pages from the Website for your personal, non-commercial use, subject to the following conditions:
- You must retain all copyright, trademark, and other proprietary notices contained in the original materials on any copies of the materials.
- You may not modify or alter the materials in any way.
- You may not distribute, publicly display, or commercially exploit the materials.
- You may not transfer the materials to another person or “mirror” the materials on any other server.
Any unauthorized use of materials from this Website may violate copyright, trademark, and other laws and could result in criminal or civil penalties.
External Websites
This Website may contain links to third-party websites, including but not limited to Walmart.com, social media platforms, content delivery networks, manufacturer websites, and other resources that we believe may be of interest to our users. These external links are provided solely for your convenience and information.
We do not endorse, control, monitor, or assume responsibility for the content, privacy policies, practices, or opinions expressed on any third-party websites. When you access external websites, you do so at your own risk and subject to the terms and conditions and privacy policies of those websites.
We specifically disclaim any liability for any content, products, services, or other materials on or available from third-party websites. The inclusion of any link does not imply our endorsement of the linked site, its content, or any association with its operators.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or resources.
We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policies of every website you visit. We cannot guarantee that external links will always be functional, as third-party websites may change or discontinue their services without notice.
Affiliate Disclosure and Commission
In the interest of full transparency, we disclose that Penandgear.com may participate in affiliate marketing programs and may earn commissions from qualifying purchases or actions taken by users who click on certain links or references to products available through Walmart.com or other retail partners.
When you click on product links, price information, or “where to buy” references on our Website that direct you to Walmart.com or other retail platforms, we may receive a commission if you subsequently make a purchase. These affiliate relationships help support the operation and maintenance of this informational Website while allowing us to provide comprehensive product information and resources to our users at no cost to you.
Our affiliate relationships do not influence the integrity of our product information, descriptions, or any content presented on this Website. All product details, specifications, features, and pricing information are provided based on manufacturer data and retailer information. Customer reviews featured on our Website reflect genuine user experiences and are not influenced by our affiliate relationships.
The prices displayed on our Website are provided for informational purposes and reflect the most recent data available from retail partners at the time of publication. However, actual prices may vary and are subject to change without notice. Final prices, product availability, promotions, and transaction terms are determined by the retailer where the purchase is made, not by this Website.
You are under no obligation to use affiliate links, and your decision to purchase products is entirely voluntary. You may choose to navigate directly to retail websites independently without using our links. We encourage you to compare prices, read additional reviews, and make informed purchasing decisions based on your individual needs and preferences.
Product Listings and Availability
The product information, descriptions, specifications, images, and pricing details displayed on this Website are provided for informational purposes only and are based on data supplied by manufacturers and retail partners, primarily Walmart Inc. While we strive to ensure that all information is accurate, current, and complete, we make no warranties or representations regarding the accuracy, reliability, or completeness of any product information.
Product availability, pricing, specifications, colors, features, and designs are subject to change without notice. The display of products on this Website does not constitute an offer to sell or a confirmation of product availability. Actual product availability and final pricing are determined by Walmart stores and Walmart.com at the time of purchase.
We reserve the right to discontinue or modify product listings at any time without prior notice. Product images shown on the Website are for illustrative purposes and may not perfectly represent the actual product due to photography lighting, screen display variations, or product updates by manufacturers.
Measurements, dimensions, page counts, and other numerical specifications provided are approximate and may vary slightly from actual products. Color representations are as accurate as current technology and display capabilities permit, but actual product colors may vary due to individual monitor settings and lighting conditions.
Customer reviews and testimonials featured on the Website represent individual user experiences and opinions. These reviews are not verified by us for accuracy, and we do not guarantee that every user will have the same experience. Product performance may vary based on individual use cases, environmental factors, and personal expectations.
We are not responsible for typographical errors, inaccuracies, or omissions in product descriptions or pricing information. If you discover inaccurate information on our Website, please contact us so we can make appropriate corrections.
Submissions and Feedback
We welcome feedback, comments, suggestions, ideas, questions, and other communications from our users (“Submissions”). By submitting any Submission to us through the Website, email, contact forms, or any other means, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and incorporate such Submissions into our Website or other materials without compensation to you.
You represent and warrant that you own or otherwise control all rights to your Submissions and that disclosure and use of your Submissions by us will not infringe or violate the rights of any third party. You also warrant that your Submissions do not contain confidential or proprietary information belonging to others.
We are under no obligation to maintain any Submissions in confidence, pay compensation for any Submissions, or respond to any Submissions. We reserve the right, but assume no obligation, to monitor, edit, or remove any Submissions that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights or these Terms.
You agree not to submit content that:
- Contains false, misleading, or fraudulent information
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
- Violates any law, regulation, or third-party rights
- Contains software viruses or any other malicious code
- Constitutes unauthorized advertising or promotional materials
- Harasses, threatens, or disparages any person or entity
- Contains personal information about others without their consent
We may use your Submissions for any purpose, including but not limited to improving our Website, developing new products or services, marketing purposes, or testimonials. If we choose to display your Submission on the Website or in marketing materials, we may edit it for length, clarity, or appropriateness.
No Warranties
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ITS CONTENT IN TERMS OF ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND YOUR RELIANCE ON ANY INFORMATION CONTAINED HEREIN.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WALMART INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50.00) OR THE AMOUNT YOU PAID TO ACCESS THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
THESE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
User Indemnification
You agree to defend, indemnify, and hold harmless Walmart Inc., its affiliates, subsidiaries, officers, directors, employees, agents, licensors, suppliers, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Website
- Your violation of any term of these Terms
- Your violation of any third-party rights, including any copyright, trademark, property, or privacy right
- Any claim that your Submissions caused damage to a third party
- Your violation of any applicable laws or regulations
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Website. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Privacy Policy
Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy, available at https://penandgear.com/privacy-policy, to understand how we collect, use, disclose, and protect your personal information.
By using this Website, you consent to our collection and use of your information as described in the Privacy Policy. If you do not agree with our privacy practices, please do not use this Website.
Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Website, temporarily or permanently, with or without notice to you. We also reserve the right to change these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page.
Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed about our policies. If you object to any changes to these Terms, your sole recourse is to discontinue use of the Website.
Access Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Website, with or without notice, for any reason or no reason, including but not limited to breach of these Terms, suspected fraudulent or illegal activity, or extended periods of inactivity.
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
If you wish to terminate your relationship with us, you may simply discontinue using the Website. We shall not be liable to you or any third party for any termination of your access to the Website.
Legal Jurisdiction
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Arkansas, United States of America, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the state or federal courts located in Benton County, Arkansas.
You irrevocably consent and submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts based on inconvenient forum or otherwise. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We make no representation that materials on the Website are appropriate or available for use outside the United States.
Severability Clause
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. These Terms constitute the entire agreement between you and us regarding the use of the Website and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning its subject matter.
Questions About These Terms
If you have any questions, concerns, or comments about these Terms and Conditions, please contact us:
Pen+Gear Customer Service
Address: 1 Customer Drive, MS 0215, Bentonville, AR 72716
Phone: 1-800-925-6278
Email: support@Penandgear.com
