Welcome to Anchor Labs! We provide a website for product designers and other customers (“Customer” or “Customers”) to engage Anchor Labs and its manufacturing network to provide custom fabrication and manufacturing of prototypes and other designs.
This Service is not intended for use by anyone under the age of 18. If you are a minor, do not use the Service. If you become aware of anyone under 18 using the Service, please let us know at firstname.lastname@example.org.
Anchor Labs recognizes that the traffic of data through the Internet may cause delays during the download of information from the Site and Services and accordingly, you agree that you shall not hold the Anchor Labs liable for delays that are ordinary in the course of Internet use. You further acknowledge and accepts that the Site and Services will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Anchor Labs’ upgrading, modification, or standard maintenance of the Website.
Your permission to use Anchor Labs’ Site and Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
Anchor Labs represents that it, or a delegated credit card processing vendor, is presently in compliance, and will remain in compliance, with the current Payment Card Industry Data Security Standard (“PCI DSS”), developed and published jointly by American Express, Discover, MasterCard, and Visa (“Card Brands”) for protecting individual credit and debit card account numbers or related data (“Cardmember Data”). Payments will be processed using the payment provider Stripe. For their terms and conditions, please go their website.
By entering your information into the Service, you authorize Anchor Labs to engage with Vendor to fulfill the specifications you have entered and your card issuer to process the payment information you enter and charge your account.
On the Site or App, Anchor Labs may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Anchor Labs’ users. Anchor Labs has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Anchor Labs, and Anchor Labs is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site or applications, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Anchor Labs. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
(a) Termination of Repeat Infringer Accounts. Anchor Labs respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Anchor Labs has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of Anchor Labs’ Site and Services who are repeat infringers. Anchor Labs may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Anchor Labs’ designated copyright agent at: 95 Prescott Street, Worcester, MA 01605
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by Anchor Labs’ copyright agent, Anchor Labs may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Anchor Labs’ discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
You acknowledge and agree that, except for content provided by Vendors, we and our licensors retain ownership of all intellectual property rights of any kind related to Anchor Labs’ Site and Services, including applicable copyrights, trademarks and other proprietary rights.
Communications made through the Anchor Labs’ Site and Services e-mail and messaging system, will not constitute legal notice to Anchor Labs or any of its officers, employees, agents or representatives in any situation where notice to Anchor Labs is required by contract or any law or regulation.
General Indemnity. You agree to indemnify, defend and hold Anchor Labs, its affiliated companies, its service providers (including payment networks) and their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (1) an violation or breach of these Terms by you, (2) any activity related to access to of use of your account by you or any other person accessing or using your account (3) any claim that your Designs, Specifications or Order infringes on the intellectual property rights (e.g. patents, trademarks, trade secrets) or any other third party rights.
These terms solely apply to persons or entities using the Services to request manufacture and fabrication of prototypes and other items from us and our Vendors based on your specifications.
You may be required to register and start an account and profile to order the Services. In providing such information necessary to set up an account, you represent and warrant that the information you provide is yours and that such information is accurate and current. It is your obligation to keep your information current or your order requests may not be processed.
If you would like to have your design manufactured, you must submit a request via the Site (each, a “Request”). Each Request must include (a) your design file (the “Specifications” or “Design”), (b) the nature of the requested Services, (c) any requested or required materials, part names, tolerances and finishes d) the desired quantity of manufactured parts to produce from each design file provided (“Requirements”) for the manufacture requested (“Product”), (e) your preferred delivery date for each Product (the “Delivery Date”), (f) your preferred delivery method and delivery destination, and (g) any other applicable terms and conditions reasonably requested of Anchor Labs.
In providing a Request, you authorize Anchor Labs to share your Specifications and Designs with our network of Vendors for the purpose of pricing the Request, finding suitable manufacturers, assessing the Request’s feasibility and should you accept, processing the Order.
Estimates and Orders
After your Request is submitted, Anchor Labs will review your Specifications, Design and Requirements respond to such Request in one of three ways: (a) a quote that lists the fees for your Request (the “Estimate”); (b) a notice that recommends resubmitting your Request with certain adjustments in order make sure we can fulfill your manufacturing Request or (c) a notice that states that Anchor Labs is unable to fulfill the Request. If you receive a Estimate in your user account, you may, any time before the expiration date set forth in the Estimate, accept the Estimate by accepting the quote and completing our checkout procedure, which will include, without limitation (i) providing a credit card number, ACH authorization or other payment method set out by Anchor Labs via the Site (the “Order”). After receiving an Order, Anchor Labs will select a vendor from its vendor network to process your Request.
In order to manufacture your Design, you hereby grant to Anchor Labs a non-exclusive and worldwide right and license to (a) use, reproduce, and transfer your Design to a Vendor within our network of Anchor Labs Vendors solely to enable a Vendor to create a Product for you based on your Design and in accordance with your Order, and (b) grant the Vendor we select within the network of Anchor Labs Vendors the right and license to make a Product for you based on your Order, Design and Specifications.
You may cancel an Order, but, due to the nature of prototype manufacturing, Anchor Labs cannot and will not provide refunds (except as provided in the next paragraph).
On or before the applicable Delivery Date, all Products will be made available to you via the delivery method specified in the Order. You acknowledge that the Delivery Date in the Order you accept is a non-binding estimate subject to a variety of modifying circumstances including availability of materials and shipment services, holidays, weather, and a variety of other factors beyond the control of Anchor Labs.
Anchor Labs Delivery methods may include the methods set forth on the Site, however Anchor Labs reserves the right to change the Delivery method, upon prior notice to you, in the event such Delivery method is not available. If pickup is available and you opt to do so for your Order, our address is Anchor Labs, 95 Prescott St, Worcester, MA 01605. All Products will be delivered or mailed Ex Works (Incoterms 2010) to the delivery destination as identified in the Order.
Fees, and payment terms
You agree to pay Anchor Labs the fees as set forth in the Estimate together with applicable shipping and handling fees for the Order (together, the “Fees”).
Fees may be paid by credit card, debit card, check or ACH or any other method pre-approved, in writing, by Anchor Labs. Anchor Labs will accept Purchase Orders from preapproved customers only.
If payment is made by credit/debit card or ACH, you hereby (a) authorize Anchor Labs (or its authorized payment processor) to charge the credit/debit card number or account you provide via the Site, and (b) represent and warrant that you are authorized to use and have Fees charged to the credit/debit card number you provide via the Site.
When you receive your Product, it is your duty to inspect the Product for any defects. If you believe a Product does not materially comply with the Specifications in the Order as placed, you must contact us within seventy two hours hours of receipt to request a return authorization from Anchor Labs at [EMAIL OR OTHER CONTACT METHOD].
We will assess your request, and we may, in our sole discretion, 1) grant or reject your request for a Return Authorization based on the information provided or 2) grant a conditional request based on the need for further investigation and inspection of the Product.
If your request for a return authorization is accepted or we grant a conditional acceptance pending further inspection, you must return the Product together with the applicable RA or conditional return authorization. Regardless of whether the return authorization was granted or the return authorization was conditional, we will inspect such Product. If we reasonably believe such Product does not materially comply with your Specifications, we will either, in our sole discretion (a) repair or remanufacture the Product and deliver the repaired or remanufactured Product to you at no additional charge, or (b) refund your payment for the Product.
If upon our inspection, we reasonably determine that the Product complies, in all material respects, with your Specifications, then we will return the Product to you and you will be charged for any costs, fees and expenses associated with the inspection of the Product. In such cases or rejection of your request for a refund after inspection, you agree to reimburse Anchor Labs for any and all costs, fees, and expenses required to inspect such Product.
Once the process of assessment of an Order has begun, Anchor Labs and its Vendors begin to incur costs related to your Request and Order If you request changes to or remanufacture of a Product after an Order has been submitted and accepted, you must reimburse us for any and all costs, fees, and expenses to change or remanufacture the Product and any and all costs, fees, and expenses to ship the Product to and from the Vendor site for such change or remanufacture.
Customer Limitations and Disclaimers
The outcome of the work of Anchor Labs depends on the accuracy, completeness and other representations in the information provided in the Design, Specifications and Order. Anchor Labs does not and cannot assess the viability, safety and legality of Designs or whether the Designs infringe on any third party rights, including any intellectual property rights such as patents, trademarks, copyrights and trade secrets. Anchor Labs can not nor bear any liability with respect to the Products created by any Vendors.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR CONDITIONS OF ANY KIND.
CUSTOMER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANCHOR LAB’S TOTAL LIABILITY IN CONNECTION WITH THE SITE, THE SERVICES, CUSTOMER DESIGNS, ANY PRODUCTS CREATED FROM SUCH DESIGNS, ANY THIRD-PARTY OR VENDOR MATERIALS, THE MANUFCATURE AND DELIVERY OF YOUR ORDER, OR THESE TERMS WILL NOT EXCEED THE GREATER OF 1) $1,000 OR 2) THE FEES PAID BY CUSTOMER TO HAVE THE PRODUCT(S) PRODUCED FROM THE DESIGNS SUBMITTED VIA THE SITE UNDER THE CUSTOMER NAME, CUSTOMER’S COMPANY’S NAME, AND/OR THE ANCHORLABS CUSTOMER ACCOUNT ASSOCIATED WITH SUCH DESIGNS. ANY CAUSE OF ACTION YOU BRING, MUST BE BROUGHT WITHIN 12 MONTHS OF THE DATE OF ITS OCCURRENCE.
Customer agrees, at their sole expense, to defend, indemnify and hold Anchor Labs (and its directors, officers, employees, consultants, agents, and Vendors) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest, and disbursements) for any death, injury, property damage, or infringement or violation of any Intellectual Property Rights or other rights of any third party caused by, arising out of, resulting from, attributable to or in any way incidental to (a) any Products based on your Designs (provided that the Products substantially conform to your Designs), or (b) any actual or alleged breach of any of your representations or warranties as set forth in these Terms.
Under California Civil Code Section 1789.3, California users of Anchor Labs’ services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
You agree that any cause of action related to or arising out of your relationship with Anchor Labs must commence within One year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Any questions? Feel free to contact us at
email@example.com | +1 (508) 500-9157
Last revised: January 3, 2018