These are the rules of the road for using Performance Supply Co. Last updated June 2026.
These Terms of Service govern your access to and use of Performance Supply Co. (PSC), the website at performancesupplyco.shop, and any related services. By creating an account or using the site, you agree to these terms.
You must be able to form a legally binding contract to use PSC. A person under 18 may use PSC only through, and under the supervision of, an account for which a parent, guardian, or program director is responsible and has agreed to these Terms; that responsible adult is accountable for all activity under the account. By using the site you represent that you meet these requirements and can lawfully enter into binding contracts.
You are responsible for keeping your account credentials secure and for all activity under your account. PSC is not liable for losses caused by unauthorized access if you fail to keep your password confidential.
Sellers are responsible for the accuracy of their listings, including condition descriptions, photos, and disclosures of any damage or wear. Sellers warrant that they have the legal right to sell the item and that it does not infringe any third-party rights.
Buyers are responsible for reviewing listings carefully before purchasing. PSC is a venue and does not guarantee the quality, safety, or legality of items listed by sellers.
PSC provides an online marketplace that allows users to list, buy, and sell marching arts equipment. PSC is not a party to transactions between buyers and sellers; does not own, possess, inspect, or control listed items; and does not guarantee any user's identity, authority, solvency, performance, item description, shipment, delivery, or compliance with law. Buyers and sellers are solely responsible for their transactions, listings, communications, taxes, shipping arrangements, and compliance with applicable law.
PSC charges a platform fee on each completed sale. Fees are disclosed at the point of sale. Payments are processed by third-party payment processors, including Stripe, and are subject to the applicable processor's terms, rules, limitations, and availability.
PSC is not a bank, money transmitter, escrow agent, trustee, fiduciary, or custodian of user funds. PSC does not provide escrow services. When you buy through PSC, your payment method is authorized at checkout but not charged. The charge is captured, and the seller's proceeds are released to the seller, when the seller marks the order shipped, or, for local pickup, when the buyer releases payment with the pickup code at handoff. PSC does not hold captured funds for a buyer-protection period.
If the seller does not ship within the shipping window PSC sets and displays at checkout, the order is automatically canceled, the buyer's authorization is released without any charge, and the item may be relisted. Because seller proceeds are released when an order ships, a refund, cancellation, or dispute resolved in the buyer's favor after release is satisfied by refunding the buyer and recovering the corresponding amount from the seller. PSC may reverse, refund, withhold, delay, recover from a seller, or direct the release of transaction proceeds as reasonably necessary to administer these Terms, the Buyer Protection Policy, the Dispute Resolution Policy, payment-processor requirements, chargebacks, suspected fraud, or applicable law.
Users may not use PSC to avoid PSC fees, circumvent PSC's payment flow, or complete a transaction outside the PSC platform after discovering, contacting, negotiating with, or communicating with another user through PSC. Prohibited conduct includes, without limitation:
PSC may suspend or terminate accounts, cancel listings, withhold or reverse transaction proceeds, deny buyer or seller protections, and pursue any other remedies available under these Terms or applicable law for violations of this policy.
You may not use PSC to sell counterfeit goods, stolen items, or anything illegal in the buyer's or seller's jurisdiction. You may not harass other users, scrape the site, or attempt to circumvent the platform's payment system.
If a transaction goes wrong, the buyer may open a dispute through PSC support after the seller marks the order shipped. A dispute may be opened no later than 14 days after the seller marks the order shipped, or 7 days after the buyer confirms receipt, whichever comes first. PSC may shorten, extend, or waive this deadline for shipping delays, non-delivery, or other irregularities. Because seller proceeds are released when an order ships, a dispute resolved in the buyer's favor is satisfied by refunding the buyer and recovering the corresponding amount from the seller. PSC will review the available evidence and make a binding decision within the platform. See the full Dispute Resolution Policy for the complete process, valid reasons, and resolution outcomes.
Transactions may be subject to payment-processor, card-network, bank, and fraud-prevention rules. PSC may delay, cancel, refund, reverse, or modify a transaction if required or permitted by its payment processor, card networks, financial institutions, fraud-prevention systems, or applicable law. If a buyer initiates a chargeback or payment dispute through a bank, card issuer, or payment processor, PSC may suspend the related platform dispute, provide transaction information to the payment processor, and take any action PSC reasonably determines is necessary to protect the platform and its users.
PSC's Buyer Protection Policy and Dispute Resolution Policy are incorporated into these Terms by reference and govern returns, buyer protection, and the handling of disputes. By using PSC you agree to those policies as they may be updated from time to time.
Buyers and sellers are responsible for determining, collecting, reporting, and remitting any taxes that apply to their transactions, except where PSC is legally required to collect and remit a tax (for example, sales tax that PSC collects at checkout in jurisdictions where it is obligated to do so). PSC does not provide tax advice.
Sellers are responsible for shipping sold items promptly, within the shipping window PSC sets and displays at checkout (currently 4 days after the order is placed), packaging them appropriately, providing accurate tracking information, and cooperating with carrier claims for lost or damaged shipments. If a seller does not ship within that window, PSC may cancel the order, release the buyer's authorization without charge, relist the item, and record the missed shipping window on the seller's account; repeated misses may result in restriction or suspension of the seller's account. PSC is not a shipping carrier and is not responsible for shipping delays, loss, or damage in transit.
You retain ownership of the content you submit, including listing photos, descriptions, and messages. By submitting content you grant PSC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and use that content to operate, promote, and improve the platform and to administer transactions and disputes. You represent that you have the rights necessary to grant this license.
PSC respects intellectual-property rights and expects users to do the same. If you believe content on PSC infringes your copyright, trademark, or other rights, send a notice to legal@performancesupplyco.shop identifying the content, the right you hold, and your contact information. PSC may remove allegedly infringing content and may suspend or terminate accounts of repeat infringers.
PSC provides the site, platform, payment-flow tools, listings, communications features, and related services on an “as is” and “as available” basis. PSC does not warrant or guarantee any listed item, seller, buyer, shipment, delivery date, listing description, user communication, payment outcome, refund outcome, dispute outcome, or third-party service.
To the maximum extent permitted by law, PSC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.
To the maximum extent permitted by law, PSC will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages, or for losses arising from user conduct, listings, item condition, shipping, non-delivery, chargebacks, payment-processor actions, account compromise, or disputes between users.
To the maximum extent permitted by law, PSC's aggregate liability for any claim arising out of or relating to the site, services, or any transaction is limited to the greater of: (a) the platform fees paid to PSC by the claimant in the 12 months preceding the claim; or (b) $100.
PSC may suspend or terminate your account or access to the platform, remove listings, and withhold, reverse, or refund transaction proceeds, at its discretion, including for violations of these Terms, suspected fraud, chargebacks, legal-compliance reasons, or to protect the integrity of the platform and its users. You may stop using PSC at any time. Provisions that by their nature should survive termination will survive.
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules.
You and PSC agree that any dispute arising out of or relating to these Terms or your use of PSC will be brought exclusively in the state or federal courts located in Minnesota, and you consent to the personal jurisdiction and venue of those courts. Either party may instead bring an eligible individual claim in small-claims court, and either party may seek injunctive relief to protect its intellectual property.
We may update these terms from time to time. Material changes will be announced on the site. Continued use of PSC after a change constitutes acceptance of the updated terms.
Verified program badges are granted at PSC's sole discretion and may be revoked at any time. Badge holders represent that their organizational affiliation is accurate.
Questions about these terms can be sent to legal@performancesupplyco.shop.