Terms & Conditions

Thank you for visiting Bandshellcase.com. Bandshellcase.com is owned and controlled by TJM Innovations, LLC. Please review the terms and conditions before using this website.

By using this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern TJM Innovations, LLC’s relationship with you in relation to the website. We reserve the right to change or update the terms and conditions of use at any time. In the event of a violation of the rules and regulations, we reserve the right to seek all remedies available by law.

The term “TJM Innovations, LLC” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice. The website, Bandshellcase.com, contains material which is owned by and/or licensed to us. These contents include, but are not limited to all texts, photographs, images, video, designs, and audio are property of TJM Innovations, LLC and are protected by copyright and trademark.

Bandshell® is a registered trademark and property of TJM Innovations, LLC . All other trademarks, service marks, and/or logos displayed on Bandshellcase.com are registered and/or common law trademarks of TJM Innovations, LLC and third party licensers. No right, permission, license, authorization, or consent is given to you for any use of the trademarks displayed on Bandshellcase.com. Misuse of the trademarks is strictly prohibited and TJM Innovations, LLC will aggressively enforce their intellectual property rights to the fullest extent of the law including the seeking of civil remedies and criminal prosecution.
All trademarks reproduced in this website which are not the property of, or licensed to TJM Innovations, LLC are acknowledged on Bandshellcase.com.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on GutterStuff.com for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent of the law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

This website contains links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked websites.
This website contains material that can be downloaded and video content. Under no circumstances, including but not limited to negligence by TJM Innovations, LLC, shall we be liable for any direct, indirect, incidental, special, or consequential damages of any kind under any legal theory arising out of the use of or the inability to use the downloaded content and/or video content, even if we have been advised of the possibility of such damages.
You may not create a link to this website from another website or document with TJM Innovations, LLC’s written consent.

TJM Innovations, LLC reserves the right to alter or delete any material from the content of Bandshellcase.com at any time. We further reserve the right to discontinue Bandshellcase.com at any time without notice.
Your use of Bandshellcase.com and any dispute arising out of such use of Bandshellcase.com is subject to the laws of the State of Wisconsin. Any cause of action with respect to this site or agreement must be filed in the County of Milwaukee within one year after the cause of action has accrued. Unless such a filing is made in accordance with such rules, the cause shall be permanently barred.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL TJM INNOVATIONS WEB SITES:

TJM Innovations is the manufacturer of GutterStuff, TidyGutter, Roof Drain Foam Filter, Bandshell, Cobzorb, and other products. All product lines are sold through our unified web-based checkout system.
Ordering Information:

If you prefer, you may order by phone by calling us at: 866-766-3442.

Returns

All returns or exchanges must be processed within 30 days of shipment. Prior authorization must be obtained before any merchandise is returned for credit, refund or replacement. Unauthorized returns will not be accepted. Customer is responsible for all return shipping charges. No returns after 30 days.

Our Address

TJM Innovations LLC
5519 W. Woolworth Ave.
Milwaukee, WI 53218

Claims

Shortage or damage claims must be reported at the time of delivery.

Minimum Orders

No minimum order amount is required.

Shipping Charges

The cost of shipping is directly related to actual fixed cost of shipping items. Items which are larger in size, such as GutterStuff and Tidy Gutter, and items which are heavier such as cobzorb, may cost more to ship. Additional charges may apply to addresses in Alaska and Hawaii. Routing is at our discretion. We cannot ship to a P.O. Box. A street address must be provided when ordering.
TJM Innovations will ship orders in 5 to 7 business days. There are however some occasions where this time period may not be met. In this case the order may take longer.

Pricing

All prices are subject to change without notice. Promo codes, if any, must be entered at checkout time.

Sales Tax

Sales tax is collected only for businesses and residents located in the state of Wisconsin (5.5%). For Milwaukee County businesses and residents there will be an additional .01 % for the stadium tax.

Conditions of Use

TJM Innovations, LLC provides their services to you subject to the following conditions. If you visit one of our web stores, you accept these conditions. Please read them carefully. In addition, when you use any current or future TJM Innovations, LLC service or visit any business affiliated with TJM Innovations, LLC, whether or not included in our web sites, you also will be subject to the guidelines and conditions applicable to such service or business.

Privacy

Please review our Privacy Notice to understand our practices.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TJM Innovations, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TJM Innovations, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of TJM Innovations, LLC or its software suppliers and protected by United States and international copyright laws.

Trademarks

TJM Innovations, LLC and other TJM Innovations, LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TJM Innovations, LLC or its subsidiaries. TJM Innovations, LLC trademarks and trade dress may not be used in connection with any product or service that is not TJM Innovations, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TJM Innovations, LLC. All other trademarks not owned by TJM Innovations, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TJM Innovations, LLC or its subsidiaries.

License and Site Access

TJM Innovations, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TJM Innovations, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TJM Innovations, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TJM Innovations, LLC and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing TJM Innovations, LLC ‘s name or trademarks without the express written consent of TJM Innovations, LLC. Any unauthorized use terminates the permission or license granted by TJM Innovations, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TJM Innovations, LLC or the home page of our respective products so long as the link does not portray TJM Innovations, LLC , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TJM Innovations, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the web site only with involvement of a parent or guardian. TJM Innovations, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Risk of Loss

All items purchased from TJM Innovations, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

TJM Innovations, LLC and its affiliates attempt to be as accurate as possible. However, TJM Innovations, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TJM Innovations, LLC itself is not as described, your sole remedy is to return it in unused condition. Products sold through shopping.netsuite.com/brs.com shall also be subject to any applicable limitations on performance and warranty.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TJM INNOVATIONS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TJM INNOVATIONS, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TJM INNOVATIONS, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TJM INNOVATIONS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE PRODUCTS SOLD ON THIS SITE ARE PROVIDED BY TJM INNOVATIONS, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TJM INNOVATIONS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TJM INNOVATIONS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF THE PRODUCTS ON THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting our web sites, you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TJM Innovations, LLC or its affiliates.

Dispute Resolution

Any dispute relating in any way to your visit to our web sites or to products you purchase through shopping.netsuite.com/brs.com shall be submitted to confidential arbitration in Milwaukee, Wisconsin, except that, to the extent you have in any manner violated or threatened to violate TJM Innovations, LLC’s intellectual property rights, TJM Innovations, LLC may seek injunctive or other appropriate relief in any state or federal court in Milwaukee, Wisconsin, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies, posted on this site. These policies also govern your visit to our web sites. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.