Terms of service

Dale Stumbo Website Terms and Conditions

Terms of Use

Dale Stumbo Music maintains this website, dalestumbo.com ("the Site") for e-commerce as well as to provide information and to communicate with you.  You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for any public or commercial purposes, including the text, images, audio, and video without Dale Stumbo Music’s express prior written consent.  Your access to and use of the Site is also subject to the terms and conditions ("Terms and Conditions") and the Privacy Policy and any and all other documents on the Site or referred to herein which constitute the entire agreement (the "Agreement") as well as all applicable state and federal laws. Dale Stumbo Music may modify, revise or amend these Terms and Conditions and the Agreement from time to time and you are solely responsible for checking to see if any such modifications have been made. All such changes are effective immediately once they are posted on the Site.  By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and all contents of the Agreement and acknowledge that any other agreements between you and Dale Stumbo Music, if any, are superseded and of no force or effect.    

Our Privacy Policy will govern the exchange of any information or other materials between you and the Site.  If you transmit or post any information or other communication to the Site, you agree that Dale Stumbo Music may use any such communications for any purpose it deems appropriate and in any manner or any medium it so chooses, including, but not limited to reproduction, transmission, posting, broadcast and publication. DaleStumbo.com may use any concepts, suggestions, ideas or any other information contained in all such communications for any purposes and in any way it deems appropriate including, but not limited to product development, manufacturing, distribution and marketing any such products or ideas with all such information.  

Intellectual Property Rights and Notices

Intellectual Property Rights shall consist of any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registerable) and registrations of and applications to register any of them (collectively the "Intellectual Property Rights") displayed on the Site are registered and unregistered Intellectual Property Rights of Dale Stumbo Music and others. Unless otherwise clearly noted, please assume that any and all information, including but not limited to text, photos, graphics and videos contained on the Site comprises Dale Stumbo Music’s Intellectual Property Rights and nothing herein should be construed as providing an express or implied grant or otherwise, nor any license or right to use any Intellectual Property Rights displayed on the Site, or to grant third parties the rights to use any Intellectual Property Rights on the Site, without the prior written permission of Dale Stumbo Music  or such third party that may own the Intellectual Property Rights displayed on the Site. Any misuse of the Intellectual Property Rights or any other content on the Site, except as explicitly provided in the Agreement, is strictly prohibited. You are also advised that Dale Stumbo Music will aggressively enforce its Intellectual Property Rights to the fullest extent of the law, including seeking any available criminal prosecution.  

Third Party Sites

Dale Stumbo Music does not endorse and has not fully reviewed all of the third party sites linked to the Site and is not responsible for the content of any such third party sites. Your linking to any other off-site pages or other sites is at your own risk.

Disclaimers and Limitations of Liability

Dale Stumbo Music uses reasonable efforts to assure that all information contained on the Site is current and correct, but cannot make any warranties or representations, either express or implied, regarding the accuracy all such information and assumes no liability or responsibility of any kind for any errors or omissions that may be present on the Site at any given time.  As such, Dale Stumbo Music in no way warrants or represents that any use by you of any information or materials contained on the Site will not infringe upon the rights of any third parties and thus provides everything on the Site to you "As Is" and with no warranties of any kind.  Dale Stumbo Music also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Dale Stumbo Music is not in any way liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. 

Although Dale Stumbo Music may occasionally monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Dale Stumbo Music is under no obligation to do so and assumes no responsibility or liability arising from the content of any of the above, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.  You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  Dale Stumbo Music will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

Indemnity

You agree to indemnify and hold Dale Stumbo Music as well as our employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Dale Stumbo Music arising out of any breach by you of the Agreement or other liabilities arising out of your use of this Website.  

Severability

In the event that any provision in the Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, we shall amend that provision in a reasonable manner or, at our discretion, such provision may be severed and all remaining provisions shall remain in full force and effect. 

Choice of Law

You consent that any action arising from your use of the Site, these Terms and Conditions, your purchase or use of any products from the Site or any other matters relating to or arising there from shall be governed by and construed in accordance with the laws of the state of Florida whose courts shall have exclusive jurisdiction over all such disputes.

Headings

Any headings contained either in the Privacy Policy or herein are for convenience only and shall not bear upon the construction or interpretation of either document. 

Entire Agreement

This Agreement supersedes any previous agreements between us.  No oral explanation or oral information given by any party shall alter the interpretation of the Agreement.  You have not relied on any representations other than those expressly stated herein and you agree that you shall have no remedy in respect of any misrepresentation which has not been made explicitly in this Agreement.

License 

Any time the terms Dale Stumbo Music, dalestumbo.com, and/or "we" or "us" are used  anywhere in the Agreement or anywhere else on the Site, these terms shall all be mutually inclusive and may be used interchangeably and shall also include any parent, affiliate, wholly owned subsidiary, successor-in-interest  or assign to Dale Stumbo Music.