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, participation in the Points Reward Program; Pendabryte Affiliate Program; or any other programs presented on www.pendabrytemetal.com (the “site”). By viewing this site, placing an order, completing a purchase, or participating in the Pendabryte Affiliate or Rewards Program 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., 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. or the applicable copyright
owner.
Limitation of
Liability
Pendabryte Metal, Inc.
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. is not responsible
for delays in delivery which result from any circumstances beyond its
control. Pendabryte Metal, Inc.’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. 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.'s web site could include technical, typographical, or
photographic errors. Pendabryte Metal, Inc. does not warrant that any of the
materials on its web site are accurate, complete, or current. Pendabryte Metal,
Inc. may make changes to the materials contained on its web site at any time
without notice. Pendabryte Metal, Inc. 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. with the necessary documentation at the time
of purchase or taxes will be added to their order. Pendabryte Metal, Inc. strives to maintain prices at the lowest
level. Occasionally, prices may change
without notice.
Shipping
The majority of our
products are shipped F.O.B. point of origin from Pendabryte Metal, Inc. to your
location. All shipping charges are prepaid by Pendabryte Metal, Inc. 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/Store Credits/Warranties
If you are not satisfied with our products for any reason, you may return them in their original condition, bubble wrapped or similarly protected post marked within 10 business days, and we will at your choice, credit your account or refund your payment method, less shipping expenses to and from our office. EXCEPTION: Orders over $500.00 are non-refundable due to manufacturing expenses. Customers will be responsible for shipping charges on returned and/or cancelled orders. Please contact customer service or call 1-800-927-8617 for an authorization number. Store credits issued to you must be used within one year of original purchase date. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective. 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 Pendabryte Metal, Inc. and hold the damaged materials for disposition instructions.
Customers acknowledge that Pendabryte Metal, Inc. is not the manufacturer of any of the products purchased hereunder. Any warranty, if any, with respect to the products must come from the manufacturer. Pendabryte Metal, Inc. will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Pendabryte Metal, Inc.'s liability is limited to the replacement value of the products purchased from this site. Pendabryte Metal, Inc. 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. 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.
accepts most major credit card and uses the payment processor PayPal among
others.
Links
Pendabryte Metal, Inc. 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. 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.
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.
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.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between you, the customer, and Pendabryte Metal, Inc. 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. representatives or any alternate terms supplied by you to Pendabryte Metal, Inc. unless otherwise agreed to by Pendabryte Metal, Inc. 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. 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.
Customer Appreciation Points Program
By participating in the Program, you agree to be bound by the terms and conditions set forth in these Program rules. The Participant in the Program recognizes and agrees that the discounts/points and other benefits to be received by him/her include amounts and benefits above and beyond any amounts otherwise due him/her. Pendabryte Metal, Inc. reserves the right to cancel, modify, or restrict the Program or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy, at any time. Participants do not acquire property rights in accrued points and awards. Any changes can be made without advance notice and any such changes may be stated in an updated version of these Terms. Pendabryte Metal, Inc. may make changes to these rules even though such changes may affect the Participant's ability to use points already accumulated. A Participant's points balance, as reflected in Pendabryte Metal, Inc.'s records, shall be deemed conclusive and correct. Pendabryte Metal, Inc. reserves the right to determine the amount of points in any Participant's Account based on our internal records related to such Participant's Account. In the event of an inconsistency between the amount accrued in a Participant's Account and Pendabryte Metal, Inc's. internal records, Pendabryte Metal, Inc's. internal records will control. Pendabryte Metal, Inc. assumes no responsibility for errors caused by incorrect Participant information. The sale of points is prohibited and may result in the confiscation or cancellation of your points, as well as suspension or termination of your Participation in the Program, which in each case shall be final and conclusive. Pendabryte Metal, Inc. may revoke any Participation in the Program at any time if such Participant engages in abuse of the Program or fails to follow these Terms. Fraud or abuse relating to the accrual of points or redemption of Rewards may result in revocation of Participant's access to the Program and may affect a Participant's eligibility for participation in any other Pendabryte Metal, Inc's. program.
Earning Points
Participants earn Program points only on the purchase price of qualifying products if they are a registered PendabryteMetal.com Website user and logged on to the Website. Calculation of Program points excludes payment by the Participant for shipping charges and all taxes, including without limitation, federal, state, and local taxes or use taxes. Program points will not be earned on any discounts or other credits offered in connection with a product: For example, if a product priced at $100 is on sale for $75, a Participant will only earn points on the purchase price of $75. Redemption of Program points, purchases of gift cards, merchandise vouchers and any type of price adjustments, including merchandise returns, are not eligible for points: on all purchases made (i) by a Participant prior to such Participant' s first participation in the Program; or (ii) purchases on the Website without a Participant being logged onto his/her Account.
Returns
Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit, will be deducted from the Participant's Account in an amount equal to the points earned for the original transaction, including bonus points. If a return should give your Account a negative point balance, a zero account balance will be placed into your Account.
REDEEMING POINTS
Points earned by a Participant may be redeemed for money off products purchased on PendabryteMetal.com only.
Redemption
Rewards points are non-transferable and not redeemable for cash, some exclusions may apply. Reward points may not be used to purchase gift cards. Participants may redeem their points on any purchase made on the Website. To redeem points toward a purchase on the Website, a Participant must be a registered user of the Website. Points may be redeemed on the purchase price of qualifying products only and cannot be used for the payment of sales tax or shipping and handling charges or for the purchase of gift cards.
Exclusions.
Points accumulated on different Accounts of different Participants may not be shared, transferred, combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction.
Expiration
Upon first participation in the Program with a Qualifying Activity, Participants' accounts are active for 24 months. Participants' accounts will remain active as long as the Participant has a Qualifying Activity at least once every 24 months. The Participant's account expiration date will be 24 months from the date of the last Qualifying Activity. If a Participant fails to have any Qualifying Activity in 24 months, or if the Website should cease operations with or without notice, the Participant's account will become inactive and all points, awards, rewards, and promotional incentives will be forfeited. Pendabryte Metal, Inc. reserves the right to cancel access to the Program of any inactive Participant. “Qualifying Activity” means (a) points earned from products purchased through the PendabryteMetal.com Website while logged in as a registered user.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT PARTICIPATE IN THE REWARDS PROGRAM.
Pendabryte Affiliate Program
As an authorized affiliate (Affiliate) of Pendabryte Metal, Inc., 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. 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. by your own website, online presence, or personal referrals.
By signing up for the Pendabryte Metal, Inc. 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, or on any Pendabryte pre-existing customer. 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@pendabrytemetal.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. site in online and offline classified ads, magazines, and newspapers.
5. Coupon and Deal Sites
Pendabryte Metal, Inc. 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. Coupons, Pendabryte Metal, Inc. 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. 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.. 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. and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Pendabryte Metal, Inc. 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. 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.