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TERMS OF SERVICE

 The following terms describe the manner in which Anchor Merchandising, AnchorMerchandising.com and Anchor Business Services (collectively, “we”, “our”, “us”) offers the public (“you” or “user”) access to services provided by us and/or third parties (collectively, the “services”).

1.Introduction
Welcome to AnchorMerchandising.com — by using AnchorMerchandising you agree to the following terms with Anchor Merchandising.  Agreement to these terms enacts a contract between you and Anchor Merchandising. This agreement is effective August 10, 2019.

2.Scope
Prior to becoming a member of the website, you must read and accept all of the terms in, and linked to, this user agreement. We strongly recommend that, as you read this user agreement. by accepting this user agreement, you agree that the user agreement will apply whenever you use the website or the services, or when you use the tools we make available to interact with the website or the services. If you use another Anchor Merchandising operated website, you agree to accept the user agreement and privacy policy applicable to that website. Some Anchor Merchandising websites, services and tools may have additional or other terms that we provide to you when you use those websites, services or tools.

3.Acceptable Use
We respect the rights of other people, and expect you to do the same. While using the website, you agree to you will not:

  • Post content or items in an inappropriate category or areas on our website;
  • Violate any laws, third party rights or our policies, including, but not limited to, any copyrighted or trademarked material in which you are not the registered user;
  • Post anyone’s identification documents or sensitive financial information on the website;
  • Use our sites services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
  • Fail to deliver payment for items purchased by you, unless a clear typographical error is made;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm the interests or property of Anchor Merchandising nor its users;
  • Export or re-export any Anchor Merchandising tools except in compliance with the export control laws of any relevant jurisdictions; 
  • Copy, modify or distribute rights or content from AnchorMerchandising.com, service or tools or copyrights and trademarks nor those of other users.
  • Harvest or otherwise collect information about users, including email addresses, without their consent.
  • Post or upload content which can be construed as hate speech, pornography, and/or crude profanity or material.

4.Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from AnchorMerchandising.com, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item (“item”) of content that you post, email or otherwise make available via the website or service. We reserve the right to remove any content you post on the website if we believe that it violates this user agreement. you understand that Anchor Merchandising cannot be held responsible for content provided by users and made available through the website or service, and that by using the website or service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the website and content available Anchor Merchandising makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Anchor Merchandising be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the service. You acknowledge that Anchor Merchandising may or may not pre–screen or approve content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any content that is available via the service, for violating the letter or spirit of the user agreement or for any other reason.

5.Sharing your content and information
You retain ownership of all material submitted for content on the website. You agree Anchor Merchandising may use content you submit to promote our website and/or services. You agree that any and all content you submit is covered by intellectual property rights, like photos and videos (“ip content”), you specifically give us the following permission, subject to your profile settings and/or requests submitted on your application: you grant us a non–exclusive, transferable, sub–licensable, royalty–free, worldwide license to use any ip content that you post on or in connection with the website (“IP license”). This IP license ends when you delete your IP content or your account  (except to the extent your content has been shared with others, and they have not deleted it) or it is requested by you to edit or remove.
When you delete IP content, it is deleted in a manner similar to emptying the Recycle Bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

6.Third party content, sites, and services
Anchor Merchandising.com and content available through the service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Anchor Merchandising’s website or service, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Anchor Merchandising shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Anchor Merchandising is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Anchor Merchandising, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services.  If you are a California resident, you waive california Civil Code Section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

7.Limitation of liability
You agree not to hold Anchor Merchandising (and our officers, directors, agents, subsidiaries, joint ventures, employees, and sub-contractors) responsible for any content, actions or inactions, or items listed by sellers or other users. You expressly understand and agree that Anchor Merchandising shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages resulting from any aspect of your use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information or advice received through or advertised in connection with the website or the service or any links on the website. These limitations shall apply to the fullest extent permitted by law arising out of or in any way related to this agreement or the use of any or all of the services involving the website.

The website is a venue to allow end users to buy certain items by various vendors who are separate and independent of Anchor Merchandising. Anchor Merchandising is not involved in the actual transaction between buyers and sellers, except for those sellers who utilize the “full service merchandising” service offered by Anchor Merchandising. Consumers will not have any knowledge which seller is participating in this service. We have no control over and do not guarantee the quality, services, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item, except where otherwise agreed upon.

We do not transfer legal ownership of items from the vendor to the buyer, nor does any purchase of any item through or using our services equivocate transfer of ownership of artwork to buyers.

We cannot guarantee continuous or secure access to the website, and operation of our website may be interfered with by numerous factors outside of our control.

We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the website.

To the extent the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of company for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the website, the services or this agreement shall be limited to your direct damages actually incurred up to two hundred fifty dollars ($250). The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use the website or any other part of the services, or any other matter arising from or relating to the website. because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8.Warranty disclaimer
You agree that use of access and use this website and any of the services offered on this website is entirely at your sole risk. the website and services are provided on an “as is” and “as available” basis, without warranties of any kind, express, implied or statutory, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non–infringement or non–misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of informational content, or system integration. Anchor Merchandising does not warrant that the website and any services will be available or operate in an uninterrupted or error–free manner or that errors or defects will be corrected. Anchor Merchandising does not warrant that information available on or through the website is appropriate, accurate or available for use in any particular jurisdiction, and accessing it from jurisdictions where their contents are illegal is expressly prohibited. To the fullest extent permitted by law, Anchor Merchandising disclaims any warranties for other services or goods received through or advertised on the website or sites or service, or accessed through any links on the website. To the fullest extent permitted by law, Anchor Merchandising disclaims any warranties for viruses or other harmful components in connection with the website or the service. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

9.Release
If you have a dispute with one or more users or venders, you release Anchor Merchandising (and our officers, directors, agents, subsidiaries, joint ventures, employees, and sub-contractors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10.Indemnity
You agree to indemnify and hold Anchor Merchandising, its officers, subsidiaries, joint ventures, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the website or services; (ii) your violation of the terms and conditions of this user agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; (iv) your violation of any law or the rights of a third party; or (v) content you submit, post or make available through the website or service; or (vi) any other activities of yours accomplished using the website or services. This indemnity shall be in addition to and not limited by any other indemnity.

11.No agency
No agency, partnership, joint venture, employee–employer or franchiser–franchisee relationship is intended or created by this agreement.

12.Resolution of disputes
If a dispute arises between you and Anchor Merchandising, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Anchor Merchandising agree that we will resolve any claim or controversy at law or equity that arises out of this agreement or the services (a “claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting customerservice@anchormerchandising.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and forum for disputes – This agreement shall be governed in all respects by the laws of the state of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Anchor Merchandising must be resolved exclusively by a state or federal court located in Los Angeles County, California, USA, except as otherwise agreed by the parties or as described in the paragraphs below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
  • Arbitration option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non–appearance–based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Binding arbitration – If a dispute arises out of or relates to this user agreement or its breach (with the exception of rights to injunctive relief with respect to intellectual property rights and obligations with respect to confidentiality), and the parties have not been successful in resolving the dispute through direct negotiation, then (i) the dispute shall be resolved by arbitration administered by the American Arbitration Association under its commercial arbitration rules, (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, (iii) the location of the arbitration shall be Los Angeles County, California, USA, and (iv) the parties shall have the right to take discovery of the other party by any method allowed by the federal rules of civil procedure. The arbitrator(s) shall each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof. The arbitrator(s) may upon request exclude from in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator(s) shall issue a reasoned award. The cost of the arbitration shall be borne equally by the parties pending the award. Upon the decision of the arbitrator(s), the prevailing party shall be entitled to receive from the other party its reasonable attorneys’ fees and costs. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration shall hold in confidence the existence, content and outcome of the arbitration.
  • Improperly filed claims – All claims you bring against Anchor Merchandising must be resolved in accordance with this resolution of disputes section. All claims filed or brought contrary to the resolution of disputes section shall be considered improperly filed. Should you file a claim contrary to the resolution of disputes section, Anchor Merchandising may recover its attorneys’ fees and costs up to $1000, provided that Anchor Merchandising has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

FULL SERVICE MERCHANDISING
These terms apply when utilizing Full Service Merchandising services offered on our website.

13.Images
Anchor Merchandising will conduct a general review of all images submitted for size and print quality. At our discretion, we may or may not also review images for content which may violate any of the terms stated above. If images are found to be low quality or need adjustments, users will be contacted as to how they wish to proceed. You agree it is solely the responsibility of the user to provide images that meet the following requirements:

  • Images must have a resolution not less than 200dpi at the size desired, i.e. if the desired print size is to be 10 inches, images must be a minimum of 2000px.
  • Images may only be in the following formats: PSD, PNG, PDF, JPG, JPEG, AI, EPS, or SVG. Other file types may be accepted only upon agreement.
  • Anchor Merchandise reserves the right to make minor adjustments to images if necessary.
  • If images are found not to be of the quality required or major editing is required, Anchor Merchandising may offer image editing services, either with an on staff artist or through one of our contracted artists, at the expense of the user, with a minimum cost of $25. No major editing will be made without prior agreement between user and Anchor Merchandising.

14.Customer Service
Users authorize Anchor Merchandising to provide customer service on the behalf of the user. This may or may not include replacements, returns and or refunds. Anchor Merchandising accepts responsibility for product, print quality, and shipping. Users may or may not be notified about customer service issues, except when the issue will affect users financially.

15.User selected products
Anchor Merchandising use selections on user application as a general guideline. In the event product styles are unavailable, we may substitute similar styles at our discretion.

16.Pricing
User understands that desired pricing for apparel applies to standard sizes (S-XL in most cases) and will be used as a general guideline. Anchor Merchandising may or may not change pricing not more than five cents per item for marketing purposes, i.e. if desired pricing is $20 for an item, we may change the price to $19.98. For non-standard sizes, which includes extra small, 2X-5X, we reserve the right to determine pricing using desired pricing as a guideline for profit margin(in dollar amount, not percentage)

17.Dispersement of monies
Anchor Merchandising will disperse monies due to users by the fifteenth day of each month for sales incurred during the previous calendar month, i.e. monies due for sales during the month of April will be dispersed by the fifteenth day of May, etc, for each calendar month. Dispersement may be made by PayPal or Zelle in accordance to choice made on application by user. Where possible, we will try to ensure user is not charged fees for receiving monthly dispersement.

18.Customer Returns
As many of our products are printed on demand only after the product is ordered, returns are only allowed at the discretion of Anchor Merchandising and/or its vendors. All returns must be approved in advance in order for buyer to receive credit for return. A restocking fee of up to 25% may be applied on any returned product.