Terms and Conditions Please read the following terms & conditions of use carefully before using this website.
Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Correction of Error and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to
the Website are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by
you of any such matters or any part of the Website is strictly prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Website does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted work of
"BandShoppe.com" and others are our service marks or
registered service marks or trademarks. Other product and company
names mentioned on the Site may be trademarks of their respective
Limited Warranty & Disclaimer of Other Warranties
All items purchased from us are warranted for a period of one (1) year from the date of purchase to be free from manufacturing defects. We will, at our sole option, repair or replace defective goods or refund the purchase price. These rights are in addition to any warranty provided by a third party manufacturer. To exercise your rights under this warranty, contact our Customer Care Department for a Return Authorization Number. You are responsible for return shipping. Except as provided above, we hereby DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAND SHOPPE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES that may be suffered as a result of manufacturing defects in, or the use of, goods sold by Band Shoppe. This limited warranty and any warranties and/or remedies provided by any third party manufacturer of the goods sold by Band Shoppe give you specific legal rights and you may have other rights which vary from state to state as some states do not allow the exclusion of warranties, incidental or consequential damages or the limitation of remedies.
Indemnification You agree to defend, indemnify and hold harmless Band Shoppe from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.
Risk of Loss The risk of loss and title for all items purchased from Band Shoppe pass to you upon our delivery to the carrier.
Limitation of Liability Band Shoppe shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Band Shoppe has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We attempt to be as accurate as possible when describing products listed for sale on the Website. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Likewise, we do our best to display as accurately as possible the colors of the products shown on the Website. However, because the color you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Band Shoppe without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice Band Shoppe may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Band Shoppe.
Applicable Law & Venue - Limitations
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Band Shoppe or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer Band Shoppe does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Band Shoppe is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Band Shoppe reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Band Shoppe in its sole discretion.
In an attempt to provide increased value to our visitors, Band Shoppe may link to sites operated by third parties. However, even if the third party is affiliated with Band Shoppe, Band Shoppe has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Band Shoppe. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Band Shoppe seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).