Anchor Merchandising

Terms of Service

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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.