Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASERS OF BAND SHOPPE PRODUCTS AND ALL USERS OF THE BAND SHOPPE WEBSITE, INCLUDING NON-PROFIT ORGANIZATIONS.
Welcome to BandShoppe.com (the "Website"). This Website is operated by Band Shoppe, 8900 Highway 65 STE 2, PO Box 428, Cynthiana, Indiana, USA, 47612. The term "Band Shoppe" or "us" or "we" or "our" refers to Band Shoppe. The term "you" or "your" refers to the user or viewer of the Website or of our catalog (the "Catalog"). Please take a few minutes to carefully review these Terms and Conditions. Your use of the Website or your placement of an order constitutes your unconditional agreement to follow these Terms and Conditions and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Website or place an order. By using the Website or placing an order, you also represent and warrant that you are at least 18 years of age.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Website or placement of an order following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. We encourage you to review these Terms and Conditions whenever you use the Website or place an order. In the event that we offer any awards, promotions or contests, you agree that you are subject to any additional posted terms or rules applicable to these activities, which are hereby incorporated by reference into these Terms and Conditions.
We may take any steps that we believe necessary or appropriate to enforce these Terms and Conditions, including without limitation termination of your access to the Website at any time and for any reason, without notice. We reserve the right to modify or discontinue the Website or Catalog at any time without notice to you, and we will have no liability to you if we do so. You acknowledge that your use of the Website will not be uninterrupted or error-free, and that we do not guarantee continuous or secure access to the Website.
RELIANCE ON INFORMATION PROVIDED
The information presented on the Website and in the Catalog is made available solely for general information purposes. We do not warrant that such information is accurate, complete, reliable, current, or error-free. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability arising from such reliance. We cannot guarantee that display of any product color will be accurate. The Website and Catalog include content provided by third parties, and all such content is the responsibility of the person or entity providing such content. We 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.
Band Shoppe (or third parties providing material through the Website or Catalog) retains all copyright, trademark and other intellectual property and proprietary rights in the Website and Catalog, including without limitation all contents, features, functionality, text, displays, images, video, audio and the design, selection and arrangement thereof. The copying, redistribution, modification, use or publication by you of any part of the Website or Catalog is strictly prohibited. You may not use any trademarks or service marks shown on the Website or in the Catalog without the prior written consent of Band Shoppe. You do not acquire ownership rights to any content, document or other materials viewed through the Website or Catalog. You may only use such materials for private purposes and not for commercial purposes. The posting or publication of materials on the Website or in the Catalog does not constitute a waiver of any right in such materials. You may not remove any copyright, trademark or other proprietary notices from such materials.
RULES OF CONDUCT
You agree not to:
While using the Website or placing an order, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Website is conditioned on your compliance with the rules of conduct set forth in these Terms and Conditions. Failure to comply may result in termination of your access to the Website.
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation privacy rights or rights of publicity, and laws regarding the export of data or software to and from the US or other countries, or to harvest or collect information from or about users of the Website.
- Post, transmit or otherwise make available through or in connection with the Website or any order:
- any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious, or likely to deceive any person; or (d) obscene, indecent, pornographic or otherwise objectionable;
- collect, harvest or post anyone else’s private information, including personally identifiable information (whether in text, image or video form), identification documents or other information through the website
- any information or materials that are or may be, or the posting, transmission or use of which is or may be, protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right;
- any material that would give rise to criminal or civil liability or encourages illegal activities;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with or disrupt the operation of, or monitor the use of, any hardware, software or equipment; or
- any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by us in writing in advance;
- Use the Website for any fraudulent or unlawful purpose or in violation of these Terms and Conditions or to engage in any act that we deem to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms and Conditions or any policies.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Create a database by downloading and storing Website content.
- Use any robot, spider, or other manual or automatic device to retrieve, index, or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent.
If we are made aware of any information or materials posted, transmitted or otherwise made available through or in connection with the Website that may be a violation of any law, regulation or right of a third party, or a violation of these Terms and Conditions, we have the right, but not the obligation, to remove or disable access to the respective information or materials.
Band Shoppe takes all claims of harassment, whether online or on the phone, very seriously. This includes but is not limited to bullying, verbal harassment, physical threats, or stalking. If Band Shoppe feels that this policy has been violated, we reserve the right to refuse service to anyone who displays aggressive, inappropriate, or unacceptable behavior.
REGISTRATION; USER NAMES AND PASSWORDS
From time to time, certain sections of the Website may be restricted to registered users. When a registration procedure applies, you may be required to register with Band Shoppe in order to access certain areas of the Website. You agree that all Information you provide will be correct, current and complete. We may refuse any registration for any reason. If a password is required for any purpose, you are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party.
You are responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
The Website may contain message board, chat rooms, forums, commenting or review features, and other interactive features that allow users to post, submit, publish, display or transmit to other users content or materials (collectively, "User Contributions") on the Website. Any User Contribution you post will be considered non-confidential and non-proprietary, and you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant this license to us, that your User Contributions do not Infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any other person, and that all of your User Contributions do and will comply with these Terms and Conditions. You acknowledge that you are responsible for the legality and accuracy of all User Contributions. We have the right to remove or refuse to post any User Contributions in our sole discretion; take any action with respect to any User Contribution that we deem appropriate in our sole discretion; and disclose your identity or other Information about you to any third party who claims that material posted by you violates their rights. We do not undertake to review User Contributions before posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or Inaction regarding User Contributions.
The website contains links to third party websites, including links contained in advertisements. These links are provided solely as a convenience and not as an endorsement of the contents on such third-party websites. Band Shoppe is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you access linked third party websites, you do so at your own risk.
LINKING TO THE WEBSITE
You may link to our homepage, provided that you do so in a way that does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You may not link to any part of the Website other than the homepage, or cause the Website to be displayed by framing, deep linking or In-line linking on any other site.
You agree to defend, indemnify and hold harmless Band Shoppe from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to (1) use of or inability to use the Website, Catalog or any items purchased through the Website or Catalog, including without limitation personal injury or property damage; (2) your breach of these Terms and Conditions; and (3) any claims brought relating to information submitted or obtained by you, and actions or failures to act by you or in any way relating to your conduct with any other user.
The owner of the Website and publisher of the Catalog is based in the state of Indiana in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
APPLICABLE LAW & VENUE; LIMITATIONS
By visiting the Website or placing an order, you agree that the laws of the State of Indiana, without regard to principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Band Shoppe. Any litigation concerning such matters must be filed exclusively in Posey County, Indiana, within one (1) year after the claim has accrued or be forever barred. BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY. At Band Shoppe's sole discretion, it may require you to submit any disputes arising from the use of the Website or Catalog to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.
ORDER AND PAYMENT OPTIONS
Orders may be placed by mail at Band Shoppe, 8900 Highway 65 STE 2, PO Box 428, Cynthiana, Indiana, USA, 47612, phone at 1.800.457.3501, fax at 1.800.8743635, email at email@example.com or through our website at BandShoppe.com. You must designate one of the following payment methods for your order. All orders are subject to approval and acceptance by an authorized representative of Band Shoppe.
Once your order is placed, our system immediately begins processing your payment. Orders cannot be canceled or modified.
Payment must be received in U.S. funds. School Checks, Booster Checks, Cashier’s Checks, Certified Checks, and Money Orders accepted.
NO PERSONAL CHECKS. Band Shoppe CANNOT accept multiple checks from individual team members on team orders. One check or money order will be accepted from each team or organization. A $50.00 service fee will be charged on all returned checks. A returned check on an order will cause the entire order to be pulled from production and placed on hold until payment is resolved.
Checks can be processed by phone. You must provide your name, billing address, telephone number, bank routing number, checking account number, and check number.
Purchase Orders will only be accepted from state-recognized schools or districts. Private organizations such as Academies, Gyms, Band Parents, Band Boosters, Dance Studios and Leagues must pay by check or credit card. We reserve the right to require an alternate form of payment from any customer. Mailed, faxed, or emailed copy of an Official School or District Purchase Order signed by Superintendent, Principal, or Business Manager is required. Payment Terms are Net 30 Days. Orders placed by phone will not be processed until copy of Purchase Order is received.
Please be sure Purchase Orders include: the Purchase Order number, Billing Address, Shipping Address, and a list of items you are purchasing including Product Code, size, color, gender, the approved dollar amount including shipping and handling charges, and authorized signature. Band Shoppe reserves the right to verify your Purchase Order before beginning manufacturing.
Visa, Master Card, American Express, Discover, JCB, and Diner's Club are accepted. Cardholders must provide name, billing address, telephone number, card number, expiration date, and 3-digit CVV number. Paypal accepted for online orders only.
As a national retailer, Band Shoppe is required by law to collect sales tax on all non-tax-exempt orders shipped to specific states. The sales tax indicated at checkout is an estimate. The final sales tax charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes. Sales tax for your order is based on state and local tax rates as well as the shipping and/or service location. Bandshoppe.com automatically estimates sales tax in the checkout form. All appropriate charges are added to your merchandise total and displayed for your review before checkout (tax displayed on this page may change if you decide to update your shipping address). Qualifying tax-exempt organizations must have a certified exemption form on file with Band Shoppe to qualify for tax exemption. To submit your tax-exempt form, please contact our sales team. If the exemption certificate is not provided at the time of purchase, we cannot refund any sales tax charged on your order. Band Shoppe does not charge sales tax when buying gift cards; all appropriate sales tax will be charged on the purchase when the gift card is used.
Your payment must be for the exact amount due. All overpayments are subject to a $10.00 fee which covers the processing of the refund check.
Production on custom items will not begin until the complete order, including style, color, sizing, and payment information is received. Cancellations for special design or custom-made items can only be accepted before the order goes into production.
SAMPLES AND SIZING KITS
Samples of many Band Shoppe products and sizing kits are available for purchase by calling our Sales Team. All items requested must be covered by one of our Payment Options (see above). Samples and sizing kits may be inspected and returned within 30 days to receive full refund or credit. All items must be returned in new, salable condition, to receive refund or for your account to be credited. Before items are returned, you must first obtain a Return Authorization Number from our Band Shoppe Customer Care Department by calling 1.800.457.3501 or email at firstname.lastname@example.org. You are responsible for return shipping.
LOGOS AND ARTWORK
If you provide logos or artwork ("Artwork") to Band Shoppe for use in manufacturing custom items, you agree that the Artwork accurately depicts your desired design features and that Band Shoppe may edit the Artwork to meet printing and manufacturing standards. You represent and warrant that all Artwork complies with these Terms and Conditions, and does not and will not infringe the copyright, trademark or intellectual property or proprietary rights of others. Band Shoppe reserves the right to refuse to accept Artwork that it is unable to adapt to meet printing and manufacturing standards, or that it believes violates the rights of third parties or will cause offense or embarrassment to any person or group.
All prices are subject to change without notice.
Checks returned to Band Shoppe due to insufficient funds will be charged $50.00. All invoices with an outstanding balance on accounts for more than 30 days are subject to a 2% per month delinquency fee (24% annually). Delinquency fees will be added to statements monthly. In the event that action is required on the part of Band Shoppe to collect the amount owed, the buyer shall pay Band Shoppe all costs of collection including reasonable attorney fees.
ADDITIONS TO PREVIOUS UNIFORM ORDERS
Band Shoppe will gladly manufacture additional uniforms to match the style of uniforms purchased in a previous order. Additional uniforms will be priced according to the quantity purchased. Additional uniforms will be considered a new order and appropriate manufacturing time and shipping will apply. Uniforms cannot be added or cancelled in an existing custom order once the order has been placed into production. You may be asked to provide a uniform from your previous order to ensure correct duplication. If so, please send to us promptly to prevent any delays in production of your order.
Band Shoppe strives to maintain standard colors with all of our merchandise. However, it is scientifically impossible to achieve a perfect color match from one dye lot to another. A slight shade or dye lot difference may be noticeable between orders, different fabrics, and under different lighting. For free fabric swatches, contact Band Shoppe's Sales Team at 1.800.457.3501. Please be specific when requesting the shade of color you desire (ex: Kelly Green, instead of Green). Band Shoppe is not responsible for incorrect color matches.
The manufacturing schedule for custom items can be viewed online at BandShoppe.com. Manufacturing schedules posted provide an estimated time of manufacturing. Manufacturing of your order will not begin until the complete order, including style, color, sizing, and payment information is received. Band Shoppe is not liable for any delay or failure due to conditions beyond our control, which include but are not limited to delivery delays, weather, strikes, raw material availability, and other unavoidable circumstances.
Occasionally, a question about your order may require us to contact you. Should this occur, your order will be placed on hold until we are able to contact you and resolve the issue. We will make every attempt to reach you regarding the issue. Please respond to all correspondence promptly to prevent any further delay in your order.
RISK OF LOSS
The risk of loss and title for all items purchased from Band Shoppe pass to you upon our delivery to the customer.
Band Shoppe offers a 30-day Return policy on most stock items. Electronics have a 15-day Return policy. Before items are returned, customer must first obtain a Return Authorization Number from Band Shoppe's Customer Care Department by calling 1.800.457.3501 or email wecare@BandShoppe.com. Returns CANNOT be accepted unless a Return Authorization Number has been issued. Return Authorization Number MUST be written on the OUTSIDE of all returned packages. Any packages returned without a Return Authorization Number will be refused and the customer will be responsible for shipping charges that are incurred. The customer has 15-days to return items once Return Authorization Number has been issued by our Customer Care Department.
Merchandise is non-returnable after 30 days from the date of the invoice. Any goods not returned in this period will result in the customer keeping the goods and being responsible for all charges. The customer is responsible for return shipping on returns. EXCHANGES ARE NOT ACCEPTED. Shipping charges are not refundable unless the merchandise is found to be defective by the manufacturer, or if an incorrect shipment is the result of a Band Shoppe error.
If an incorrect item or size was ordered, the customer will need to return the incorrect item and place a separate order. The customer will be refunded the purchase price of the merchandise after item has been inspected and cleared to return to inventory. This may take up to 2-3 weeks to process the return.
All returned items must be unworn and in NEW RESALABLE condition and in their original packaging. Shoe boxes must not be written on. There is a $10 fee per box for shoe boxes that are returned damaged, have postage or tape affixed, or have been written on. If items appear to have been worn, they will be returned to the customer and the customer will be responsible for the cost of return shipping. Please allow approximately 2 weeks to process your return.
Special design or custom-made items cannot be returned. Custom items include but are not limited to custom garments, custom warm-ups, any garments or items with screen print, embroidery, or any other customization. Briefs, bodysuits, and tights along with hair accessories cannot be returned due to health reasons. Items worn or soiled cannot be returned.
Please open all boxes immediately. If there is a discrepancy with your order, you must report it to our office within 10 days of delivery. If you do not report discrepancies to our office in a timely manner, additional shipping charges may apply to upgrade the shipping on the replacement or correction of your order. In the event of missing items, duplicate shipments, incorrect sizes or color, lost shipments, or product design defects, please contact the Band Shoppe Customer Care Department by calling 1.800.457.3501 or email email@example.com.
At Band Shoppe we take great care in packaging and shipping your merchandise. Occasionally, a shipment will become damaged in transit. If your shipment arrives damaged, please take the following steps:
- Notify the shipping carrier of damage to the package.
- Open all packages immediately.
- Save all shipping material.
- Notify Band Shoppe’s Customer Care Department within 10 business days for replacement or repair of your damaged item (subject to other terms of this policy). Call Toll-Free at 1.800.457.3501.
All items purchased from Band Shoppe, a division of Pearison, Inc., are warranted for a period of one (1) year from the date of purchase to be free from manufacturing defects. Band Shoppe will, at its 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.
- Most shipments in 48 contiguous states are made via UPS, FedEx, or USPS Priority Mail
- Shipping chart applies to orders in the contiguous 48 states. Orders shipping to Alaska and Hawaii should contact our Sales Team for a shipping quote.
- Next day, 2-day, 3-day select, and Saturday shipping available for an additional charge
- Normal Item lead times apply
- Call for pricing and carrier on overseas shipping
- Most stock items are processed within 1-2 business days of order/approval and should arrive 2 to 6 business days later
- Upgraded shipping does not affect order processing time and only applies to transit time to the customer
- Custom-made and special design items will be shipped after they are manufactured
All international orders are shipped via UPS or Priority Mail International. Shipping costs on international orders are quoted on an individual basis. If you place an order via our website, we will calculate the shipping costs and email a quote for your approval prior to processing the order. Any published shipping charges do not apply to orders shipped beyond the continental United States.
Duties/Taxes/Brokerage Clearance Charges
In all cases, the recipient is responsible for all duties and taxes levied by the local governing authority along with any costs associated with clearing the shipment with customs authorities. We are not able to estimate these charges. If you need to estimate your local costs, we suggest you contact the appropriate authorities with your order information.
International orders may take additional time to process due to the completion of additional documents required for shipping and item availability. We generally ship all international orders in a single shipment upon completion of the order to minimize the shipping expense to our customers. If you require certain items to be shipped as soon as available, please notify us in writing and we will quote the shipping costs based on your requirements. Please note that shipping international orders in multiple shipments is considerably more expensive.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE ABOVE WARRANTY, ANY PRODUCTS OR SERVICES PROVIDED BY BAND SHOPPE INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY BAND SHOPPE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAND SHOPPE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOU EXPRESSLY AGREE THAT YOUR USE OF PRODUCTS OR SERVICES PROVIDED BY BAND SHOPPE IS AT YOUR SOLE RISK. BAND SHOPPE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AND/OR INDEMNITIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BAND SHOPPE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CATALOG AND THE USE THEREOF. BAND SHOPPE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S OR CATALOG'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION, WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE, BAND SHOPPE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, AND COST OF CAPITAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO ANY PURCHASES, BAND SHOPPE’S LIABILITY SHALL IN NO EVENT EXCEED THE ORIGINAL PURCHASE PRICE OF THE SPECIFIC GOODS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING OF GOODS OFFERED BY BAND SHOPPE, AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. IN NO EVENT SHALL BAND SHOPPE, ITS AGENTS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR PURCHASED ITEMS, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE CATALOG, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BAND SHOPPE SHALL NOT BE LIABLE FOR YOUR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE AGGREGATE LIABILITY FOR BAND SHOPPE FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE IS LIMITED TO $100.