TERMS OF USE

Fender Musical Instruments Corporation and all of its affiliates and subsidiaries (“Fender” or "FMIC" or “us” or “we” or “Company”) maintain this website, mobile and desktop application, or other properties and/or our related services (collectively known as the “Fender Properties”, or, each individually, a “Fender Property”) for your personal information, education and communication. Your access to and use of this Fender Property is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this Fender Property, so that you fully understand your rights and responsibilities. By accessing or using this Fender Property, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this Fender Property, and instead contact Company in writing for further information.

Company may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this Fender Property. Material changes will be posted conspicuously on this Fender Property. By accessing this Fender Property following posting of changes to the Terms of Use, you agree to all such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Privacy Policy

By accessing and using this Fender Property, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference.

Intellectual Property Rights

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Fender Property are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of this Fender Property also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this Fender Property. This Fender Property may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

JACKSON®, SAN DIMAS®, the Jackson script logo, the distinctive pointed headstock shape commonly found on Jackson guitars, and the distinctive headstock shape commonly found on Fender Stratocaster guitars are trademarks of FMIC and/or its subsidiaries and affiliates, registered in the US and other countries.

This is not a comprehensive list of all trademarks of Fender and Jackson and specifically does not include any common law trademarks of Fender and Jackson.

All other product and company names may be trademarks of their respective owners and may be used herein under license. Use of them does not imply any affiliation with or endorsement by or of the respective owners.

Unsolicited Ideas Submission Policy

Jackson/Charvel Manufacturing, Inc. (“JCMI”) does not accept, review or consider any unsolicited ideas, know-how, concepts, techniques, materials, proposals, works or content relating to advertising campaigns, promotions, marketing plans, new products, product enhancements, product technologies, product names, new technologies, processes, content or creative materials (all of the foregoing “Submissions”). Please do not send or provide any Submissions in any form to JCMI or any of its employees or contractors.

The purpose of this policy is to avoid potential misunderstandings or disputes regarding intellectual property ownership. If you send or provide any Submissions despite our policy and request that you not, then regardless of what your correspondence says, the following terms will apply to your submissions:

1.    Your submissions and their contents, along with related intellectual property rights, will become the property of JCMI, without any compensation to you;

2.    JCMI may, but is not required to, use and/or redistribute the submissions and their contents for any purpose on an unrestricted basis; and

3.    JCMI is not obligated to keep the submissions and/or their contents confidential.

JCMI does, however, welcome feedback that comes in a form that does not violate this Policy. If you want to send us feedback, please provide such feedback to [email protected]. Any feedback you provide at this site will be deemed to be non-confidential and not proprietary. JCMI will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

Use of this Fender Property

You may view, copy, print and use content contained on this Fender Property (including recorded material) solely for your own personal use and provided that: (1) the content available from this Fender Property is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Fender Property is modified or framed in any way; (3) no graphics available from this Fender Property are used, copied or distributed separate from accompanying text; and (4) you do not delete or modify any copyright, trademark, or other proprietary notices. The use of any such content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Fender or any third party, except as expressly provided herein. This Fender Property may be accessed by users internationally and may contain references or cross references to Fender products, programs and services that are not available in your country. Such references do not imply that Fender intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Fender reserve the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party. Access to this Fender Property may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Fender Property constitutes consent to such monitoring. This Fender Property may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Fender cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

SMS Messaging Terms

You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages, including cart abandon notifications, from Fender, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Fender reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Fender also reserves the right to change the short code or phone number from which messages are sent. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider's name and the date, time,content of your text messages, and/or your email address. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Fender, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Cancellation

Text the keyword STOP to the SMS number used by Fender to cancel. After texting STOP to the SMS number used by Fender, you may receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Fender and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Fender through any other programs you have joined until you separately unsubscribe from those programs.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify Fender by emailing [email protected].

Problems?

If you are experiencing any problems, please reply "HELP" to any text message you receive from us or email [email protected] with details about your problem or your request for support.

Changes to Messaging Terms

Fender reserves the right to terminate or revise our messaging program at any time. Fender also reserves the right to modify, or amend these SMS Messaging Terms at any time and any such modification or amendment shall take effect when it is posted to Fender's website. You agree to review these SMS Messaging Terms periodically to ensure that you are aware of any changes. Your continued enrollment following such changes shall constitute your acceptance of such changes.

Third-Party Websites

This Fender Property may link to, or be linked to, other websites not maintained by or related to Fender. All links are provided only as a service to our visitors. Fender is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Fender Property. Fender has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate.

THIS FENDER PROPERTY MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEBSITES OF FENDER DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF FENDER. FENDER DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABLITY, OPERATION OR PERFORMANCE OF WEBSITES OF FENDER DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH THIS FENDER PROPERTY MAY BE LINKED OR FROM WHICH THIS FENDER PROPERTY MAY BE ACCESSED.

Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on this Fender Property (including recorded interviews) are solely the views of such third party and Fender assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Your Account

If you choose to register with this Fender Property, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Fender by e-mail to [email protected]. You are solely responsible for your own losses and losses incurred by Fender and others (including other users) due to any unauthorized use of your account.

No Warranty

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Fender on this Fender Property, but Fender is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Fender Property, the websites of any Fender dealer or distributor or any other website. Information and related materials are subject to change without notice. This Fender Property and all information and related materials it contains are provided "AS IS." Fender does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this Fender Property or any material, information or data downloaded or otherwise obtained through use of this Fender Property; (2) the results that may be obtained from the use of this Fender Property or the use of material, information or data obtained from this Fender Property; (3) that use of this Fender Property or any materials on this Fender Property will meet any users requirements; (4) that access to the Fender Property will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this Fender Property will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Fender has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication. By using this Fender Property, you assume the risk that the information and materials on this Fender Property may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. FENDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS FENDER PROPERTY AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN.

You acknowledge and agree (1) that your use of this Fender Property and any material, information or data downloaded or otherwise obtained through the use of this Fender Property is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this Fender Property or its content will be liable to users of this Fender Property for any damage resulting from use of this Fender Property or use of material, information or data downloaded or otherwise obtained from this Fender Property, nor are such parties in any way responsible for the conduct of users of this Fender Property or for information posted or exchanged on this Fender Property.

No advice or information, whether oral or written, obtained by you from Fender or in any manner from this Fender Property creates any warranty.

No Liability

In no event will Fender or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Fender Property or any linked website or to any material, information, data, products, or services obtained through this Fender Property, or otherwise arising out of your use of this Fender Property, your inability to use this Fender Property or any decision made or action taken by you in reliance of any information, advice or materials provided on this Fender Property, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Fender has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this Fender.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

Miscellaneous

You agree to indemnify, defend and hold harmless Fender, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this Fender Property, your use of any material, information or data downloaded or otherwise obtained from this Fender Property, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Fender or any other person or entity.

The laws of California and the United States shall govern use of this Fender Property. Users agree that any action, suit, or proceedings arising from or related to use of this Fender Property shall be brought exclusively in the federal or state courts of the State of California without regard to choice of law or conflicts of law provisions.

Entire Agreement

By your access or use of this Fender Property, you agree to these Terms of Use. These Terms of Use, together with the Fender Privacy Policy, constitute the entire agreement between you and Fender with respect to your access and use of this Fender Property. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Fender. These Terms of Use will inure to the benefit of Fender’s successors and assigns.

Electronic Communications

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Fender may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference. If you have any questions or concerns regarding these Terms of

Use, please contact us at: