Terms & Conditions
Terms and Conditions
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
These terms and conditions apply to the viewing, purchasing and sale of products through www.photo-engrave.com (the “site”) whose parent company is Pendabryte Metal, Inc. By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions.
Ownership of Materials, Trademarks and Copyright
The information contained in this site including all images, designs, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by Pendabryte Metal, Inc./Photo-engrave.com or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of Pendabryte Metal, Inc./Photo-engrave.com or the applicable copyright owner.
Limitation of Liability
Pendabryte Metal, Inc./Photo-engrave.com will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. Pendabryte Metal, Inc./Photo-engrave.com is not responsible for delays in delivery which result from any circumstances beyond its control. Pendabryte Metal, Inc./Photo-engrave.com’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).
Pricing and Specifications
All information regarding pricing, products and services is subject to change. Pendabryte Metal, Inc./Photo-engrave.com reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. The materials appearing on Pendabryte Metal, Inc./Photo-engrave.com, Inc.'s web site could include technical, typographical, or photographic errors. Pendabryte Metal, Inc./Photo-engrave.com does not warrant that any of the materials on its web site are accurate, complete, or current. Pendabryte Metal, Inc./Photo-engrave.com may make changes to the materials contained on its web site at any time without notice. Pendabryte Metal, Inc./Photo-engrave.com does not, however, make any commitment to update the materials. Prices listed are net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing Pendabryte Metal, Inc./Photo-engrave.com with the necessary documentation at the time of purchase or taxes will be added to their order.
Shipping
The majority of our products are shipped F.O.B. point of origin from Pendabryte Metal, Inc./Photo-engrave.com to your location. All shipping charges are prepaid by Pendabryte Metal, Inc./Photo-engrave.com and added to the customer’s invoice unless you choose to be billed freight collect. A handling fee will be added to shipping charges. Any additional charges for services requested by the customer, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer.
Returns/Warranties
For any reason, if you are not satisfied with your product, you may return it to us, in its original condition, postmarked within 30 days of purchase, and we will refund your purchase price, less shipping costs to and from our office. EXCEPTION: If you order more than 3 pendants at one time, these are non-refundable due to material and labor expenses. In this case, you may want to order a single pendant to preview your large order. Please contact customer service or call 1-800-927-8617 for an approval. If a product is damaged during delivery to you, we will file a claim and replace the damaged item(s ). You must note the extent of the damage on the back of the packing list. Once complete, forward the form to us and hold the damaged materials for disposition instructions.
Notwithstanding anything to the contrary, Pendabryte Metal, Inc./Photo-engrave.com's liability is limited to the replacement value of the products purchased from this site. Pendabryte Metal, Inc./Photo-engrave.com and its affiliates hereby expressly disclaim all warranties either express or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not affect the terms of our published warranty. Furthermore, Pendabryte Metal, Inc./Photo-engrave.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Payment Terms
Pendabryte Metal, Inc./Photo-engrave.com accepts most major credit card and uses the payment processor PayPal among others.
Links
Pendabryte Metal, Inc./Photo-engrave.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pendabryte Metal, Inc./Photo-engrave.com, of the site. Use of any such linked web site is at the user's own risk.
Site Terms of Use Modifications
Pendabryte Metal, Inc./Photo-engrave.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions.
Applicable Law
This site is controlled by us from our offices within the State of Florida, United States of America. By accessing this site you agree that the laws of the State of Florida, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. Any litigation will be brought exclusively in Duval County, Florida and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue. We and you waive the right to demand jury trial concerning any litigation between us and you. In any lawsuit brought under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys’ fees, from the non-prevailing party. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between you, the customer, and Pendabryte Metal, Inc./Photo-engrave.com concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by Pendabryte Metal, Inc./Photo-engrave.com representatives or any alternate terms supplied by you to Pendabryte Metal, Inc./Photo-engrave.com unless otherwise agreed to by Pendabryte Metal, Inc./Photo-engrave.com in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. Pendabryte Metal, Inc./Photo-engrave.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions.
Pendabryte Metal, Inc. / Photo-engrave.com Affiliate Program
As an authorized affiliate (Affiliate) of Pendabryte Metal, Inc./Photo-engrave.com, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Pendabryte Metal, Inc./Photo-engrave.com as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on products purchased by individuals referred to Pendabryte Metal, Inc./Photo-engrave.com by your own website, online presence, or personal referrals.
By signing up for the Pendabryte Metal, Inc./Photo-engrave.com Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
1. Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
2. Commissions
Commissions are paid at 5% on a net basis, for example, shipping, discounts and taxes are not included in the calculation. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate. Commissions can be viewed on the Affiliate Dashboard. Payments only begin once you’ve earned a cumulative $20 in Affiliate income. Commissions will be paid once an Affiliate’s account reaches 20.00 USD. Affiliates are paid via PayPal on a monthly basis only if a minimum amount of $20 is reached per month. If no minimum amount is accumulated for the month, the earnings are carried forward to the next payment period. If you accumulate less than $20 and then have no activity on your account for 6 months or more you will be paid your commission and your account may be closed. You may re-register at a later time. We only use Paypal as a payment option and you must have a valid PayPal account to receive Affiliate payments. Affiliate payments are calculated based on the USD prices and will be paid in USD. You cannot refer yourself, and you will not receive a commission on your own accounts. Payments will only be sent for transactions that have been successfully completed. Transactions that result in charge-backs or refunds will not be paid out. In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
3. Termination
This agreement will begin upon your acceptance of Terms and conditions of the Affiliate Program and will end when terminated by either party. Either you or we may terminate this agreement at any time. To terminate please contact us at support@photo-engrave.com. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Your Affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities.
• Failure to disclose the Affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. Pendabryte Metal, Inc. reserves the right to require license agreements from those who employ trademarks of Pendabryte Metal, Inc. in order to protect our intellectual property rights.
• Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Pendabryte Metal, Inc. reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
4. Affiliate Links
You may use graphic and text links both on your platform and within your email messages. You may also advertise the Pendabryte Metal, Inc./Photo-engrave.com site in online and offline classified ads, magazines, and newspapers.
5. Coupon and Deal Sites
Pendabryte Metal, Inc./Photo-engrave.com may occasionally offer coupons to select Affiliates and/or to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
• Affiliates may not use misleading text on Affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific Affiliate.
• Affiliates may not bid on Pendabryte Metal, Inc./Photo-engrave.com Coupons, Pendabryte Metal, Inc./Photo-engrave.com Discounts or other phrases implying coupons are available.
• Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
• User must be able to see coupon/deal/savings information and details before an Affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
• Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
6. Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
7. Customer Definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
8. Relationship
(a) You are an independent contractor with respect to the Company. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between you and the Company. You shall not, in any manner or respect, represent, suggest or convey the impression that you are an employee or agent of the Company, or that the Company has endorsed you and/or the Affiliate site or that you represent the Company in any manner or capacity. You have no authority to and shall not enter into any agreements or obligations purporting to be binding upon the Company.
(b) As an independent contractor, you are solely and exclusively responsible (i) for all taxes payable with respect to income earned through the Site; (ii) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that you are not covered by or eligible for any insurance from the Company; and (iii) for ensuring that you comply with any Licensing Authority’s rules or practices.
9. Assignment
You may not assign this Agreement. Any attempted assignment or transfer in violation of this subsection will be null and void.
10. Liability
Pendabryte Metal, Inc./Photo-engrave.com will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Pendabryte Metal, Inc./Photo-engrave.com. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
11. Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
12. Indemnification
Affiliate shall indemnify and hold harmless Pendabryte Metal, Inc./Photo-engrave.com and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Pendabryte Metal, Inc./Photo-engrave.com to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
13. Governing Law, Jurisdiction, and Attorney Fees
Any litigation will be brought exclusively in Duval County, Florida, the United States of America, and Affiliate consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue. We and you waive the right to demand jury trial concerning any litigation between us and you. In any lawsuit brought under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys’ fees, from the non-prevailing party.
14. Severability
If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
11. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Pendabryte Metal, Inc./Photo-engrave.com Affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by agreeing that you have read these terms and conditions upon registration. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.