General Terms and Conditions
Anderson Trophy Co. is owned and operated by PNK Enterprises, Inc., a corporation registered under the laws of California. By visiting, registering, or transacting with the Anderson Trophy Co. website (“Site”), you agree to be bound by the terms and conditions. If you do not agree to all of the terms and conditions, please do not use the “Site.”
You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Anderson Trophy Co. and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
“Anderson Trophy Co.” and any and all other marks appearing on this Site are trademarks of Anderson Trophy Co. in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Anderson Trophy Co.’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. Anderson Trophy Co. prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by Anderson Trophy Co. in writing.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications or origin or statements of fact.
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Anderson Trophy Co.. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Anderson Trophy Co.’s prior written consent is prohibited.
You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANDERSON TROPHY CO. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANDERSON TROPHY CO. – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO ANDERSON TROPHY CO. FOR THE REQUEST.
You agree to defend, indemnify and hold harmless the Covered Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Anderson Trophy Co.. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
This agreement constitutes a binding agreement between you and Anderson Trophy Co. until terminated by you or Anderson Trophy Co., which Anderson Trophy Co. may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.
Changes to Terms and Conditions
We may, in our sole discretion, change, add or remove any portion of the Terms and Conditions at any time by posting new Terms and Conditions on the Site. Your continue use of the Site after such changes are posted will constitute your agreement to such changes.
Changes to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Published to the Web
You are responsible for making sure that you have all necessary copyrights for designs (and elements of such designs) you are “publishing to the Web”, and you agree that you shall be liable for any copyright infringement.
You are responsible for distribution of links to your Public Gallery and/or Public Design(s).
The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Los Angeles, California for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.
Except as explicitly stated otherwise, any notices shall be given by email to Anderson Trophy Co. at email@example.com or to you at the email address you provide to Anderson Trophy Co. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
How do I contact Anderson Trophy Co.?
Our postal address is:
Anderson Trophy Co.
12901 Saticoy Street
North Hollywood, CA 91605
We can be reached via email at firstname.lastname@example.org or by telephone at (818) 765-3770
ORDER TERMS AND CONDITIONS
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase products and production services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a production job until we receive the full payment.
Once a production job has been approved by customer and is already “In Production”, no changes are allowed to the artwork files, job characteristics, or production turnaround time. After a production job has been sent to production, the customer is responsible for paying the entire amount of that production job along with applicable taxes and shipping/handling fees, unless otherwise noted.
Orders On Account
All customer production orders provided on account must apply for and be approved for a Customer Credit Application & Agreement. To apply, please download, complete and return as a scanned PDF file to email@example.com. We will not accept open non-PDF format files.
At Anderson Trophy Co., we strive to provide our clients with the best possible experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. Our representative will document your complaint and create a ticket for your reference.
• 100% reproduction or correction on any defective items on your order
• 100% free expedited service for reproduction on any items lost in transit
All policies are subject to change without prior notification. Defective product refunds and reproductions are limited to $500. Determination of defect is at the discretion of management. In most cases, clients will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service. Free expedited reproduction on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reproduction orders will vary depending upon available production material and capacity and manager’s discretion.
Our Sales Tax Policy
Anderson Trophy Co. charges sales tax to orders picked-up or shipped to an address within the state of California unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.
If requested, an online proof will be available for your review after we have received your file upload. Actual time will vary depending on our current workload. No job will be sent to press without your approval unless waived. It is the customer’s responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by customer’s non-approval of the proof.
An online proof is by no means an accurate reproduction of your final produced piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and color change from RGB or Pantone to CMYK.
The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.
Anderson Trophy Co. will reproduce color from submitted files as closely as possible, but cannot exactly match color and density. Because of inherent limitations with the production process, the accuracy of color reproduction is not guaranteed. By placing an order with Anderson Trophy Co. you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final production pieces. Under no circumstances will a reproduction be honored for color variations that have occurred during the production process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
No Liability for Errors
Anderson Trophy Co. is not liable for errors in a final product caused by any of the following reasons: Misspelling, graphics, grammar, damaged fonts, punctuation, finished product size. Anderson Trophy Co. does not make any changes on customer files after receiving approval.
Our layout & graphics department checks all submitted artwork files before production, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Anderson Trophy Co.. Anderson Trophy Co. is not responsible for any issues as to orientation or alignment of your submitted artwork. By submitting the artwork to Anderson Trophy Co., you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and produced on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
Production Turnaround Time
Production turnaround time begins once your order has been placed and your files have been received or uploaded to your account, attached to your production job, and approved for production. Production turnaround time begins when we receive approval for your proof and full payment has been made. For production jobs that do not have complete digital source files provided or have submitted files that are not print-ready, production turnaround begins when we have all required files, not from when the order was first submitted.
Typical turnaround times vary among items. Please refer to product descriptions or call us for any particular item.
For our Next Day Turnaround option, when available, orders and files must be submitted by 9:00 A.M PST (12 noon EST) and proofs must be approved by 12:00 noon PST (3:00 P.M. EST), to have the item shipped out of our facility on the next business day. In other words, if you approve a proof on your Next Day Turnaround order by 12:00 noon PST on Tuesday, it will be sent out of our facility for shipping by end of business Wednesday. Otherwise, your Next Day Turnaround order placed on Tuesday would ship on Thursday. This applies to Next Day Turnaround orders only.
For all other turnaround options, orders and files must be submitted by 1:00 P.M PST (4 P.M. EST) and proofs must be approved by 5:00 P.M. PST (8:00 P.M. EST), production turnaround time begins the next business day. For example, a job for two-day production turnaround that you submitted at 3 P.M. PST and approved by 5:00 P.M. PST on Tuesday will be shipped out of our facility by end of business Thursday.
Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating production turnaround time. In addition, while Production Turnaround includes general production processes, it does not include design or proof approval time, or shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a production job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.
Unless you choose Pick Up, you need to select one of the shipping options presented to you on the Site. All shipping is currently done via carriers such as UPS, USPS, or FedEx. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and Anderson Trophy Co. assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Anderson Trophy Co.’s responsibility is limited to preparing your production order and turning it over to the carrier for shipping. Anderson Trophy Co. is not liable for damages which occur during shipping. For any damage occurring during shipping, we advise you to file a claim with the shipping provider. We will cooperate with you to assist in providing you with available documentation we may have to support a claim.
Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from Anderson Trophy Co.’s facility within 30 days, it will be recycled. We cannot ship to P.O. Boxes or APO/FPO.
Target arrival dates are calculated by adding the production turnaround time to the shipping transit time. If you have requested a pre-production sample, we will advise with our best estimate as to the expected time required to provide the pre-production sample. Both production and shipping times are based on business days only and do not include weekends or holidays. For example, a product with a production turnaround time of two business days and a shipping method of 2nd Day Air would have a target arrival date of four business days after your files have been sent to production. The cut off time for accepting files is 9:00 A.M. PST (12:00 Noon EST). If your files are in by that time, we will commit to production and shipping your product within the selected time frame.
Please understand that target arrival dates are estimates, not guarantees. While we will do everything within our control to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
All complaints must be registered within 24 hours of receipt of your order. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job, or the affected part of your job, at no charge. All materials we create in producing your order are the property of Anderson Trophy Co.. Although these materials will NOT be sold or given to any other party, we reserve the right to make and use images in any of our marketing efforts, or to use as display in our showroom.
Published to the Web
You are responsible for making sure that you have all necessary copyrights for designs (and elements of such designs) you are “publishing to the Web”, and you agree that you shall be liable for any copyright infringement. You are responsible for distribution of links to your Public Gallery and/or Public Design(s).
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