Terms of Use

Preface

The Jamey Aebersold Jazz® website is a copyrighted work licensed to Jamey Aebersold Jazz®. Jamey Aebersold Jazz® grants you the right to use the site subject to the terms and conditions set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.



License

Subject to these Terms, Jamey Aebersold Jazz® grants you a limited, royalty-free license to view the materials contained on the site and make copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the materials from the Jamey Aebersold Jazz® hosting web server. You are not granted any right to use Jamey Aebersold Jazz® trademarks, logos, trade dress, or other marks, and all such items shall remain the exclusive property of Jamey Aebersold Jazz®



Modification

Jamey Aebersold Jazz® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or any part thereof with or without notice. You agree that Jamey Aebersold Jazz® will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site.



Secured Areas

Your use of any areas of the site secured by a user name/login screen including but not limited to purchases of products from the site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.



Mailings

By submitting your name, email address, and any other personal information to Jamey Aebersold Jazz® you hereby grant, subject to the Jamey Aebersold Jazz® Privacy Policy, a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Jamey Aebersold Jazz® products, services, and news. The terms and conditions of this Agreement shall apply to all such mailings.



Submissions

All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to Jamey Aebersold Jazz® through the site, by facsimile or through the mail (electronic or otherwise) will forever be the property of Jamey Aebersold Jazz®. Unless otherwise specified in our Privacy Policy, Jamey Aebersold Jazz® will not treat any submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Jamey Aebersold Jazz® services or operations. Without limitation, Jamey Aebersold Jazz® will have exclusive ownership of all present and future existing rights to the submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the submission. You acknowledge that you are responsible for whatever material you submit, and you, not Jamey Aebersold Jazz®, have full responsibility for the submission, including its legality, reliability, appropriateness, originality, and copyright.



Site Use Rules

SITE may only be used for lawful purposes. Jamey Aebersold Jazz® specifically prohibits any use of this site, and all users agree not to use this site, for any of the following:

  • Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
  • Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
  • Deleting or revising any material posted by any other person or entity;
  • If you have a password allowing access to a non-public area of SITE, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
  • Harming minors in any way;
  • Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
  • Aggregating, copying or duplicating in any manner any of the materials or information available from this site.



Registration and Passwords

If you register on our site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.

Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.



Accuracy of Content and Pricing Information

Because prices, product descriptions and availability can change quickly, Jamey Aebersold Jazz® does not warrant the accuracy or completeness of the information provided on the SITE. Also, Jamey Aebersold Jazz® may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this site is periodically updated, but it may not be current or complete at the moment you visit this site and may contain errors or inaccuracies. In no event shall Jamey Aebersold Jazz® or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this site. If a product you purchase does not match the description on the site, as your sole and exclusive remedy you may return the product, unused, to Jamey Aebersold Jazz® and receive a refund of your purchase price.

Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and placing an order does not reserve the current prices shown. From time to time, despite our efforts, a small number of the items in our catalog and/or on our site may be mis-priced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Jamey Aebersold Jazz® will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount; (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.



Limited Quantities

Some products, including those identified as Sales, Closeouts, Limited Quantity items, Clearance, and Free Gifts may be limited to stock on hand and are offered on a first come, first served basis.



MSRP

MSRP is the manufacturer's suggested retail price. We may commonly sell products at prices lower than MSRP, and for any given product, no sales may have occurred at MSRP.

MSRP is a benchmark to compare our discounts from MSRP to pricing offered by other retailers. Whether other retailers sell at MSRP will vary by product, geographic location, type of store, and over time.

Although we periodically update the MSRP in our direct mail offerings, email marketing offerings, and on our site as we receive them, in some cases manufacturers may change their MSRP without notice to us.

Please contact the manufacturer of a specific product for the most up-to-date MSRP information.

MSRP quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than MSRP and for any given product, no sales may have occurred at MSRP.

Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.

Values associated with items labeled "free with purchase" are based upon MSRP.



Disclaimer of Warranties

THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Jamey Aebersold Jazz® EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.



Warranty and Assumption of Risk

Client uses Jamey Aebersold Jazz® services at client’s own risk. Jamey Aebersold Jazz® makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Jamey Aebersold Jazz® shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Jamey Aebersold Jazz® has no control whatsoever and shall not be responsible to client for the content of any website or for the content of any third-party material passing through or associated with client’s website, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Jamey Aebersold Jazz® EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.



Limitation of Liability

IN NO EVENT SHALL Jamey Aebersold Jazz® BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Jamey Aebersold Jazz® HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. Jamey Aebersold Jazz® TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.



Copyright

The site and all materials are copyrighted works. Neither the site nor the materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without prior written permission.



Amendments

Jamey Aebersold Jazz® may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions, and you should periodically visit this page to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this SITE.



Legal Notice

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of Indiana as those laws are applied to contracts entered into and to be performed entirely in Indiana, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Floyd County, Indiana, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.



Contact Notice

If you have any questions about these Terms of Use, you may contact Jamey Aebersold Jazz® at:

Jamey Aebersold Jazz®
PO Box 1244
New Albany, IN 47151-1244
1-800-456-1388
1-812-945-4281
10am-4pm EST/EDT M-F