Terms and Conditions of Use - You are advised to read the following Terms and Conditions of Use. These Terms and Conditions have been developed for your protection and the protection of San Diego Music Studio, the site service provider. Your use of the site constitutes your agreement to the following terms and conditions. The following terms of use apply to all site users. All terms and conditions of use are subject to change at the discretion of San Diego Music Studio.

  1. Use of Content - San Diego Music Studio authorize you to personally view the material contained on the San Diego Music Studio site and to download a single copy of such material for your personal, non-commercial use, provided that any downloaded copy includes the copyright notice, "Copyright 2002, San Diego Music Studio. All rights reserved." and with any other copyright or proprietary rights notices that appear in the material copied. Consumers may not use site nor provide outside links to the site, for any personal or commercial pupose, including but not limited to, sale or trade of particular items or services. The materials contained on the San Diego Music Studio site are protected by the copyright laws of the United States and other countries. Ownership of the content belongs to San Diego Music Studio, or its retail store customers, and to content providers to this site. Any use of the content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may be a violation of copyright, trademark and other laws. All rights not expressly granted in these Terms and Conditions of Use are specifically reserved to San Diego Music Studio. If you violate these Terms and Conditions of Use, your authorization to use the San Diego Music Studio site is automatically revoked and you must destroy any copies of the content that you have made.

  2. Shopping Features - Consumers taking advantage of special features such as Shop On-Line, in-store specials, and coupon offerings do so at their own risk and shall hold San Diego Music Studio, as site service provider, harmless from any and all liability regarding products posted on retailer sites as well as pick, pack, payment, and delivery functions. Consumers agree to pay for goods and services purchased via the internet with San Diego Music Studio and recognize that purchasing goods and services on line holds the same validity as if purchased in person from a bricks and mortar store. While San Diego Music Studio provide state of the art security encryption devices, customer's e-mail may not be fully secured against interception. Customer agrees to hold San Diego Music Studio harmless from any and all liability for any reason whatsoever, including monetary issues, that may arise regarding any transaction that occurs between San Diego Music Studio and customer. Both San Diego Music Studio and customer agree to hold harmless from any and all liability for any reason whatsoever, including monetary issues that may arise regarding any transactions that occur between San Diego Music Studio and customer. Further, San Diego Music Studio provides guarantees and warranties regarding reimbursement for goods and services, as well as pick, pack, and delivery functions whether shopping on-line or at its brick and mortar location. Please see our store policies posted on the ordering section of the site. San Diego Music Studio collects financial information (like your account or credit card numbers where applicable) so you can order products from its store via their shop on-line service. Your billing information is only used by San Diego Music Studio or its other business partners to bill you for products and services they sell. It is privileged, confidential, encrypted, and held on a secure server, and will not be given to a third party except as required by law.

  3. Privacy Policy - The following discloses the information gathering and dissemination practices for this Web site. San Diego Music Studio (your preferred store) respect and value your privacy. Although we will collect personal information from you, with your permission, only your name, your e-mail address, and your mailing address will be provided to your preferred store. No other personal information collected during your use of this site will be shared. San Diego Music Studio will not, without permission, sell, disclose or provide ANY information, including your name, address, e-mail address or other personal information to any third party, unless required to do so by law. Personal information collected from you is submitted with your knowledge and consent. San Diego Music Studio will only use that information to provide a more customized service to you. Should you choose to take advantage of the posted in-store specials, or shop-on-line features of this Web Site, further information such as your credit card data for method of payment of goods and services may be necessary. San Diego Music Studio, as site service host, provide state of the art security and encryption devices to protect your payment information.

  4. Security - San Diego Music Studio, as site service provider, work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Employees who handle customer data do not have access to your credit card details as this information is immediately encrypted after you execute the continue link at the bottom of the payment details section. In order to shop online, San Diego Music Studio collects your name, address information, and credit card information, so that it can fulfill your order, as well as your contact information (e-mail and telephone) in case San Diego Music Studio needs to communicate with you regarding your order. All major credit card companies protect cardholders against fraud, subject to a $50 deductible. San Diego Music Studio will protect you for this $50 portion in the highly unlikely situation that you ever encounter an inappropriate charge involving our company. We reveal only the first four and last four digits of your credit card number when confirming an order. Of course, we transmit the entire encrypted credit card number to the appropriate credit card company during order processing. To complete credit card transactions, San Diego Music Studio provides the following member information (name, billing address, credit card number, expiration date, and transaction amount) to the credit card processing company we use via secure communications pathways. In addition, as part of the fulfillment process, San Diego Music Studio may share shipping information with intermediary shipping companies, including but not limited to USPS. San Diego Music Studio have adopted these policies and procedures because (1) we cannot control the privacy practices and policies of other sites and (2) we want to protect your security and privacy during your visit to us.

  5. Site Information
    1. Choice/Opt-out - This site provides you the opportunity upon registration to opt-out to receiving communications from San Diego Music Studio or its content providers, its customers and advertisers. This site also gives you the following methods to discontinue receiving future communications. You may utilize any of these options indicate that you no longer wish to receive contact from San Diego Music Studio.
    2. Contact Us - If you have any questions about the privacy statement, the practices of this site, or your dealings with this Web site, you can contact San Diego Music Studio.
    3. Children's Guidelines - This site does not solicit use by, or target as a user group, children under the age of 13 years. We do not collect information from any person we actually know is under the age of 13, that would make that child personally identifiable. This site does not knowingly sell any products or services to children under the age of 18 years, nor does it specifically target any information towards children. We advise that if a parent feels that anything about this site is inappropriate for their child, they monitor the child's use of this site as they would all other Internet usage. San Diego Music Studio always welcome your input and comments. Please feel free to contact us. (See the Contact Us section above for details).
    4. Cookies - Cookies are small bits of electronic information that allow a Web site to keep records of your site visits and personalize or customize the Web experience for you. This site does not use "cookies" to report on or track you when you leave this site. We do use cookies to help diagnose problems with our server, to administer our Web site, to help identify visitors and to gather broad demographic information. We also use cookies to deliver content specific to your interests and to save passwords so you do not have to re-enter them each time you visit this site. Our site registration form requires you to provide contact information (like your name and e-mail address). San Diego Music Studio uses the contact information from the registration form to send you information about the company and promotional material from content providers and advertisers provided that you have given us permission to do so. We collect financial information (like your account or credit card numbers where applicable) so you can order products from your preferred store or other San Diego Music Studio clients. Your billing information is used by San Diego Music Studio or other business partners to bill you for products and services they sell. It is privileged and confidential and will not be given to a third party except as required by law.
    5. Links - Outside links are provided in limited circumstances where it is necessary to provide a balance of information and are for your information and perusal only. San Diego Music Studio are not responsible for and neither endorse nor support any products or services that you may find on these outside sites. Any data presented on these sites should be used at customer's discretion only. San Diego Music Studio are not responsible for any results that may or may not occur regarding your use of any information, goods, or services posted on these sites. San Diego Music Studio can not guarantee nor provide security surrounding your personal and confidential information while you are visiting these outside sites. In addition, some internal links may be required to support the functionality of San Diego Music Studio, as site host and are not accessible by the community at large.
    6. Order Forms - This site uses an order form so that you can request information regarding, products, and services. On this form, we collect your contact information (like your e-mail address). Contact information from the order form is used to send you goods and services ordered, where applicable or as requested, and may be used to send you information about our company or promotional material from our content providers, advertisers, and other parties.



  6. Etiquette - You agree, by your use of this site, to adhere to our standards of proper Net-etiquette. This includes, but is not limited to the standards listed below. San Diego Music Studio prohibit the following action in our public areas and reserves the right to remove any postings that violate them.
    • DO NOT use any explicit, vulgar, or obscene language.
    • DO NOT use any racially, ethnically, or socially offensive language.
    • DO NOTencourage, incite, or plot any illegal activity.
    • DO NOT verbally attack, harass, or otherwise annoy any other members.
    • DO NOT post or request personal information from anyone under 18.
    • DO NOT misrepresent yourself as part of the San Diego Music Studio staff, or another organization to which you ARE NOT A MEMBER.
    • DO NOT post or link to sexually explicit or otherwise offensive material when participating in forums and chats and please stay on the topic.
    • IF YOU post messages on a public site area, you may be identifying yourself, and your personal information may be available to others without your permission.

  7. Indemnification - You agree to indemnify and hold San Diego Music Studio, its officers, principals, employees, agents, consultants, and information providers harmless from and against all claims, actions, demands, losses, expenses, damages and costs, including but not limited to reasonable attorney's fees and accounting fees resulting from, or alleged to have resulted from, your violation of these Terms and Conditions of Use.

  8. Limitation of Liability of San Diego Music Studio - San Diego Music Studio site is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the San Diego Music Studio site and content is at your own risk. San Diego Music Studio does not guarantee that the functions of this site will be error-free or uninterrupted, or that this site and server will be absolutely virus-free. Your use of this site involves transmission of data over facilities which are not within the control of San Diego Music Studio, its content providers and advertisers. Therefore, San Diego Music Studio assume no liability for delay, corruption of data, interruption of service, or interception of data transmissions outside of its direct control.



  9. Dispute Resolution - If a dispute arises out of or relates to these Terms of Use, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. Unless arbitration is expressly prohibited by applicable statute, or limited as set forth below, any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures, by an arbitrator or arbitrators selected in accordance with such rules, as the exclusive remedy in any such dispute. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall occur in Malvern, Pennsylvania, and shall be governed by both the procedural and substantive law of the Commonwealth of Pennsylvania, without giving effect to the principle of conflict of laws, unless specifically preempted by the United States Arbitration Act. Each party to the arbitration shall bear its own costs and attorneys' fees, with the costs of the arbitration being divided equally among the parties. Notwithstanding the arbitration provision above, San Diego Music Studio may avail themselves of the full range of remedies available to them, either individual or together, in connection with any violation of its respective intellectual property rights, including, but not limited to, temporary and permanent injunctive relief, and actions for damages in either state or federal courts, as applicable. If such judicial proceedings are instituted, the parties agree that such proceedings will not be stayed or delayed pending the outcome of any arbitration proceeding under this Agreement. In such judicial proceedings, the prevailing party shall be entitled to an award of attorneys' fees and litigation costs, including those at the trial court and all appellate court levels, against the losing party.

  10. Governing Law/Jurisdiction - By use of this site, you agree that exclusive venue for resolution of any disputes between you and San Diego Music Studio at 423 S Las Posas Rd, shall be in the county and state wherein San Diego Music Studio is located, or in the United States District Court for the District and Division that governs San Diego Music Studio's location. Your use of this site and all relations between you and San Diego Music Studio shall be governed by the laws of the State of CA except where specifically preempted by federal law.

  11. Complete Agreement - Except as expressly set forth within any separate notice contained in the San Diego Music Studio site or any other written agreement between you, San Diego Music Studio, these Terms and Conditions of Use constitute the entire agreement between you, San Diego Music Studio regarding the use of the San Diego Music Studio site and content. These Terms and Conditions of Use may be modified at any time, with or without advance notice. By your continued use of the San Diego Music Studio site, you agree to monitor these Terms and Conditions of Use for any changes, and that such changes will be binding upon you. None of these Terms and Conditions of Use may be waived except in a written instrument signed by an officer of San Diego Music Studio. No waiver, whether express or found to exist as a matter of law, shall be deemed a further or continuing waiver of such term or condition or of any other term or condition. If any term or condition set forth herein is found to be invalid by a court of competent jurisdiction, the remainder of the terms and conditions shall remain in full force and effect.
Revised August, 2015