I would test if the same thing happens with Palm Rejection turned off in whatever app you are seeing the behavior, generally this option is below where you link Ink within the app. If you continue to face difficulties I'd recommend contacting Adonit support for assistance at firstname.lastname@example.org.
Thank you for your help. I contacted them and they recommend sending it back for a replacement. i did fail to mention this was a out of the box problem and the ink never worked. Thanks again for your advice.