Welcome to a Mac Burg Music site.
This Site are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).
Your use of this site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the site.
Payment, Pricing & Promotions
The terms of payment with respect to any purchase made on this website include but are not limited to drumlessons.markcolenburg.com and markcolenburg.com sole discretion.
Customer’s receipt of an electronic or other form of order conﬁrmation does not signify Mac Burg Music’s acceptance of Customer’s order, nor does it constitute conﬁrmation of Mac Burg Music’s offer to sell. Orders placed on this website will not be binding upon Mac Burg Music and all rights, titles and interests in and to any products ordered shall remain with Mac Burg Music, until such order is accepted by Mac Burg Music, such acceptance becoming effective when Mac Burg Music puts the products ordered by Customer in the possession of, and makes appropriate arrangements with, the courier service or other carrier responsible for their transportation and delivery to the Customer. All rights, titles and interests in and to the products so ordered shall pass to the Customer upon delivery of such products to the courier service or other carrier as set forth herein. Unless otherwise agreed to by Mac Burg Music, payment must be received by Mac Burg Music prior to a shipment of an order. Payment for the products will be made by credit card or any other pre-arranged method agreed to by Mac Burg Music. Credit card purchases will be subject to payment authorization and approval of the issuing ﬁnancial institution of the credit card. We reserve the right to refuse any order you place with us. Currently, we accept Visa®, MasterCard® and PayPal®. A Sales and Discount promotional code may apply to your purchase.
Pricing and Promotions
All prices for products shown on this Site including but are not limited to markcolenburg.com are within Mac Burg Music’s sole discretion and are in United States dollars. All prices for products do not include charges for shipping, handling and taxes. Customer will be charged for such additional charges separately. All charges will be displayed on the invoices. All sales and use taxes will be for the account of Customer. Prices and availability of goods and services are subject to change without notice. Mac Burg Music may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. Products offered for sale on this website may be limited or not available. Mac Burg Music reserves the right to add, delete, discontinue or change any of the products offered for sale on the website at any time. Price and availability of product are, in the sole discretion of Mac Burg Music, subject to change without notice. Mac Burg Music reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been conﬁrmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Sales Tax Policy
Mac Burg Music collects and remits sales tax as required by U.S. law, Mac Burg Music also collects and remits sales tax as appropriate. Mac Burg Music reserves the right not to sell to resellers.
All orders placed on these sites are subject to product availability and will be shipped according to Mac Burg Music shipping policies. In the rare event that your order never arrives, notiﬁcation of lost items must be received within 30 days from receipt of the shipping conﬁrmation e-mail.
All orders placed after 12:00 am C.S.T. will be processed the following day.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order conﬁrmation does not signify our acceptance of your order, nor does it constitute conﬁrmation of our offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order. Mac Burg Music may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Mac Burg Music also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Mac Burg Music reserves the right to limit or prohibit sales to dealers.
Additional Terms and Conditions
Mac Burg Music obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on these sites should be construed to alter such agreements.
These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to do so will null and void.
This Agreement and any transactions pursuant to this Agreement will be governed by and subject to the laws of the State of Missouri applicable to contracts entered into and performed within the State of Missouri without respect to its conﬂict of laws principles. The parties also agree that the exclusive forum for any claims or causes of action arising under this Agreement is the United States District Court for the District of St. Louis or any Missouri Court sitting in St. Louis County. If any section or portion of this Agreement is found to be illegal or unenforceable, such illegality or unenforceability will not affect the remaining terms and conditions of this Agreement, which will continue in full force and effect.
Disclaimer and Limitation of Liability
This website and the materials contained herein are provided on an “as is, where is” basis. Mac Burg Music makes no representations or warranties, either express or implied, of any kind with respect to this website or its contents.
Price and availability of products are subject to change without notice. The sole and exclusive maximum liability to Mac Burg Music arising from any product sold on this website will be the price of the product ordered by customer. in no event shall Mac Burg Music, its directors, ofﬁcers, employees, representatives be liable for any special, direct, incidental, consequential, or punitive damages, including, but not limited to, loss of proﬁt, business or opportunity, relating to any product sold hereunder or for any claim by any third party.
You agree to defend, indemnify and hold Mac Burg Music harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Limitation of Liability
Except where prohibited by law, in no event will Mac Burg Music be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost proﬁts, even if Mac Burg Music has been advised of the possibility of such damages.
You agree to indemnify and hold, its ofﬁcers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and afﬁliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DPI Inc. by any third party due to or arising out of or in connection with your use of the Site.
Mac Burg Music may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mac Burg Music’s rights or property, or the rights or property of visitors to or users of the Site, including Mac Burg Music’s customers. Mac Burg Music reserves the right at all times to disclose any information that Mac Burg Music deems necessary to comply with any applicable law, regulation, legal process or governmental request. Mac Burg Music also may disclose your information when Mac Burg Music determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Governing Law; Dispute Resolution
Void Where Prohibited
Mac Burg Music administers and operates the Site from its location in Saint Louis, Missouri, USA; other Mac Burg Music sites may be administered and operated from various locations inside and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Mac Burg Music reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Additional Terms and Disclaimers
Privacy & Security
We are not responsible for the content or privacy practices on any web site not owned by Mac Burg Music to which these sites links or that links to these sites.
Information Collection and Use
We collect information from you in several different ways on these Sites. One goal in collecting personal information from you is to provide an efﬁcient, meaningful, and customized experience. For example, we can use your personal information to:
- Help make these sites easier for you to use by not having to enter information more than once.
- Help you quickly ﬁnd information, products, and services.
- Help us create content on these sites that is most relevant to you.
- Alert you to new information, products, and services that we offer.
Mac Burg Music may use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender, and interests) within Google Analytics Demographics and Interest Reporting. Mac Burg Music also uses Re-marketing with Google Analytics to advertise online. Third-party vendors, including Google, may show our ads on sites across the Internet. Mac Burg Music and third-party vendors, including Google, use ﬁrst-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s website visits. Using the Ads Settings, users can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads. Users may learn more about opt-outs from Google here (please note: link will take you to the Google Analytics Opt-out Browser Add-on).
Registration and Ordering
Before using certain parts of these Sites or ordering products, you must complete an online registration form. During registration, you will be prompted to provide to us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card number. In addition, we may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulﬁll your orders, to communicate with you about your order and our site, and for internal marketing purposes. If we encounter a problem when processing your order, we use the personal information to contact you.
Several locations of these Sites permit you to enter your email address for purposes including but not limited to: to register for a free giveaways; to request us to notify you when we receive new products, new product promotions, to sign up for our email newsletter and special offers. Your participation in a contest is completely voluntary, so you have a choice whether to participate and disclose information to us. We use this information to notify contest winners and to award prizes. We may post on our Sites the names and cities of contest winners.
Cookies and Other Technology
Like many sites, these Sites employs cookies and web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.
We may use third-party advertising companies to help us tailor site content to users or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us. As an example, Facebook collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer’s personal information collected by us.
As is true of most web sites, the Site server automatically recognizes the Internet URL from which you access these sites. We may also log your Internet protocol (“IP”) address, Internet service provider, and date/time stamp for system administration, order veriﬁcation, internal marketing, and system troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet.)
We respect children’s privacy. We do not knowingly or intentionally collect personal information from children under age 18. Elsewhere on this site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 18, please rely on a parent or guardian to assist you.
You may choose to submit a product review. If you post a review, we will ask for your email address and geographic location. If you submit a review, your geographic location may be visible to other users (your email address will be kept private). Also, any personally identiﬁable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identiﬁable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personal information.
Information Use and Disclosure
We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve our site’s content and layout, to improve our outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to these sites.
Communications with You
We will use your personal information to communicate with you about our site and your orders and deliveries. Also, we may send you a conﬁrmation email when you register with us. We may send you a service-related announcement on the rare occasions when it is necessary (for example, if we must temporarily suspend our service for maintenance.) Also, you may submit your email address for reasons such as to register for a promotion or giveaway; to request us to notify you when we receive new products, new sale items, or products relating to your previous purchases; to sign up for our email newsletter and special offers. If you submit your email address, we use it to deliver the information to you. We always permit you to unsubscribe or opt out of future emails (see the opt out section, below, for more details). Because we have to communicate with you about orders that you choose to place, you cannot opt out of receiving emails related to your orders.
We want to provide you with excellent service and to offer you a great selection – We do not sell information. We do not sell, rent, trade, license or otherwise disclose your speciﬁc personal information or ﬁnancial information to anyone, except that:
As do most catalog and Internet retailers, we sometimes use others to perform speciﬁc functions on our behalf. When we disclose information to these service providers, we disclose information to help them to perform their service. For example, in order to deliver products to you, we must share some information. We partner with third parties (such as the U.S. Postal Service, United Parcel Service, and Federal Express) to ship products, to ensure delivery, and so that we can obtain feedback, improve the quality of our service, and measure and improve the quality of the service of the third party. In the example of shippers, we provide them some personally identiﬁable information such as your name, shipping address, email, and phone number.
We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
(vii) We publicly disclose the name, city, and state of contest winners, however we contact you for approval prior.
These sites incorporates physical, electronic, and administrative procedures to safeguard the conﬁdentiality of your personal information, including Secure Sockets Layer (“SSL”) for all ﬁnancial transactions through these sites. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a speciﬁc job are granted access to your personal information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit our Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic ﬁrewall. While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or ofﬂine.
Update to this Policy
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Unless otherwise noted, all of the text, audio, and video content within drum lessons.markcolenburg.com is the copyrighted property of Mac Burg Music. This copyrighted material includes all writing by staff, video lessons, and some of the artwork, drawings and logos. You may print out any articles and activities for your personal use only.
Materials may not be reproduced on another Web site, book, or publication without express written permission. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of Mac Burg Music is expressly prohibited. Certain names, logos, phrases, and artwork on these pages may constitute trademarks of Mac Burg Music or its sponsors. The mark “drumlessons.markcolenburg.com” and the contents of its Web site are the sole property of Mac Burg Music. Reproduction in whole or in part is strictly prohibited without written permission of Mac Burg Music. Mac Burg Music also cannot guarantee that all content and material appearing in the Mac Burg Music Web site is not infringing on any registered or non-registered copyrights.
Throughout the site trademarks are indicated by either a TM or ®. All such trademarked items are TM or ® of Mac Burg Music or their respective owners. Use of any trademark for commercial purposes without the prior written consent may constitute trademark infringement and unfair competition in violation of federal and state laws.
Mac Burg Music DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THESE SITES WILL BE ERRORFREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE MAC BURG MUSIC WEB SITES, IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAC BURG MUSIC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THESE SITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITES. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MAC BURG MUSIC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MAC BURG MUSIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAC BURG MUSIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAC BURG MUSIC SHALL NOT BE LIABLE FOR THE USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. MAC BURG MUSIC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THESE SITES AND/OR ANY MAC BURG MUSIC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THESE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MAC BURG MUSIC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Mac Burg Music reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Cancellation Policy for Online Lessons
Cancellation of the online lessons registration by the user can happen at anytime. If cancellation is requested with in 24 hours of completed registration, 100% of the total amount will be refunded. After 24 hours all sales are ﬁnal with no refund.
Private Lessons Cancellation Policy
We require 10 days cancellation notice prior to your scheduled lesson, otherwise we will charge your cancellation fee as below.
10% of your total amount will be charged if you do not notify us about your cancellation or any changes by 10 days before your scheduled lesson.
30% of of your total amount will be charged if you do not notify us about your cancellation or any changes by 7 to 3 days before your scheduled lesson.
* 50% of of your total amount will be charged if you do not notify us about your cancellation or any changes by 2 days before your scheduled lesson.
* 70% of your total amount will be charged if you do not notify us about your cancellation or any changes by the days before your scheduled lesson.
* 100% of your total amount will be charged if you do not notify us about your cancellation or any changes on your scheduled lesson or No show.