Last Revised: September 15, 2021

This Privacy Policy ("Policy") describes how Musician's Friend, Inc. ("Musician's Friend," "we" or "us") collects, uses, and discloses information related to our customers and prospective customers, visitors to our websites and mobile applications, as well as associated services (collectively, the "Services"). Your use of our Sites is subject to the Musician's Friend's Terms of Use, available at https://www.musiciansfriend.com/pages/terms-of-use, which includes applicable terms governing limitations on liability and the resolution of disputes; this Policy is expressly incorporated by reference into the Musician's Friend Terms of Use.

This overview summarizes key information about our information practices, which are further explained below. Our collection and our use of your personal information varies depending upon the nature of our relationship and interactions. The table below provides a general overview of the categories of personal information we collect and the purposes for which we use such information.

Categories of personal information we collect	How we use personal information
Name, contact information and other identifiers: identifiers such as a name, username, account name, address, phone number, email address, online identifier, IP address, government-issued identification numbers or other similar identifiers.	Providing support and services and operating our websites Analyzing and improving our business Personalizing content and experiences Advertising, marketing and promotional purposes Securing and protecting our business Defending our legal rights Auditing, reporting, corporate governance, and internal operations Complying with legal obligations
Customer records: paper and electronic customer records containing personal information.
Protected classifications: characteristics of protected classifications under California or federal law such as race, sex, age, religion, national origin, disability and citizenship.
Commercial Information: including records of real property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
Usage data: internet or other electronic network activity Information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
Geolocation data: precise location information about a particular individual or device.
Audio, video and other electronic data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings.
Employment history: professional or employment-related information.
Education information: education information and records.
Profiles and inferences: Inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.
Individual rights.Please see the Your Rights and Choices section below for a description of the choices we provide and the rights you have regarding your personal information. If you are a California resident, please be sure to review the Important Additional Information for California Residents section below for important information about the categories of personal information we collect and disclose and your rights under California privacy laws.

This Policy applies to our collection, use and disclosure of personal information related to:

• Users of our website https://www.musiciansfriend.com/, as well as our mobile applications, other websites, applications and online services that display or link to this Policy (collectively, the "Site");
• Customers and prospective customers, including individuals who purchase our products through affiliate and other third party retailers; and
• Individuals who otherwise interact or communicate with us related to our Services.

Personal Information/ In general, personal information includes any information that identifies, relates to, describes, or is reasonably capable of being associated, linked or linkable with a particular individual.

Not Covered by this Notice. This Privacy Policy does not apply to job applicants or to Musician's Friend employees and non-employee workers, whose personal information is subject to different privacy notices.

By disclosing your personal information to us, interacting with us or using our Services, you understand and agree that Musician's Friend may collect, use and disclose your personal information in accordance with this Privacy Policy. If required by applicable law, we will obtain your consent to our collection, use, transfer and disclosure of your personal information.

The personal information we collect varies depending upon the nature of the Services provided or used and our interactions with individuals.

Categories of personal Information. Certain privacy laws, such as the California Consumer Privacy Act ("CCPA") require that we disclose the categories of personal information that we collect about individuals. While the personal information we collect varies depending upon the circumstances, we may collect the following categories of personal information (subject to applicable legal requirements and restrictions):

• Name, contact information and other identifiers: identifiers such as a name, username, account name, address, phone number, email address, online identifier, IP address, government-issued identification numbers or other similar identifiers.
• Customer records: paper and electronic customer records containing personal information.
• Protected classifications: characteristics of protected classifications under California or federal law such as race, sex, age, religion, national origin, disability and citizenship.
• Commercial Information: including records of real property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
• Usage data: internet or other electronic network activity Information including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet website, application, or advertisement.
• Geolocation data: precise location information about a particular individual or device.
• Audio, video and other electronic data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings.
• Employment history: professional or employment-related information.
• Education information: education information and records.
• Profiles and inferences: Inferences drawn from any of the information identified above to create a profile reflecting a resident's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

Sources of Personal Information. We may collect personal information about individuals:

• Directly from you: such as when you create an online account with us, make a purchase, participate in contests and promotions we offer, attend our events, or register to receive marketing and other communications from us, or contact us for customer support purposes.
• From third parties: such as affiliate and other third party retailers that sell our products, public records, third party providers of services to us (e.g., fraud detection, identity verification and security), consumer data resellers, social networks, joint marketing partners and affiliate companies.
• Related to your use of our Services: including information we collect automatically when you use our Sites, or interact with us, or information we derive about you and your preferences or interests based on the personal information we collect and our interactions with you.

Information We Collect From You. We may collect personal information from you related to:

• Registration, accounts and profiles: when you register for an account with we collect your name and email and password; we may also collect additional information such as your preferences, location and payment details.
• Purchases, orders and payments: if you make a purchase, submit and order, return items, or sign up for certain Services, we collect information in order to process your payment, order or refund, fulfill your or order, including name, billing and shipping address and details, payment type, as well as credit card number or other payment account details (e.g., PayPal).
• Marketing, surveys and events: if you sign up to receive news, updates, offers and other marketing communications from us, we may collect name, contact information about your preferences. We may also collect name, age, email address, and other information when you participate in contests, sweepstakes, events or activities offered by us (collectively, "events") or submit surveys or feedback to us.
• Your communications and requests: when you email us, call us, or otherwise send us communications, we collect and maintain a record of your contact details, communications and our responses. If you contact us by phone, we may record our calls with you for quality, training and protection purposes and to increase our understanding of our customers and for other research and analytical purposes.
• User content: If you post content or submit reviews and comments to us ("User Content"), we may maintain a record of your User Content, including the location, date and time of submission.
• Mobile applications: if you use our mobile applications, we collect information on and/or through these mobile applications, which may include (with your permission) access to your location, camera, photos and contacts, as well as permission to send you push notifications.

Information We Collect from Third Parties. We may collect personal information about you from third party sources (which may be combined other personal information we have collected about you), such as:

• Third party retailers: if you purchase our products from a third party retailer, we receive information from that third party for order processing and fulfilment, returns and refunds processing, warranty and related purposes, which may include name, contact information, shipping and other order details.
• Social media: if you choose to link, create, or log in to your Services account with a social media service (e.g., Twitter, Facebook, Instagram, etc.), we collect your permission to access certain information from your profile with that social media service. If you post or if you engage with a separate social media service or interact with us on our page with any social media service, we may collect personal information about you related to those interactions.
• Other: we may obtain personal information, such as demographic information or updated contact details, from third parties; we may also collect information from public records.

Information We Collect or Derive About You. We may collect or derive personal information about you your use of our Sites and Apps, or other interactions with us.

• Sites and Apps: We and our third party providers may use cookies, pixels, tags, log-files, and other technologies to collect information about a user from their browser or device, including, without limitation, your browser type, device type, operating system, software version, phone model, phone operating system, platform-dependent information, requested document, referring URL, date and time of your visit, clickstream data (e.g. about the pages you view, links you click and date and time stamps for your activities on our Sites) and the IP address associated with your transactions in the system. This information that we collect automatically may be linked with other personal information we have collected. For more information, see the Cookies and Tracking section below.
• Profile and Interests: we may create profiles relating to you in order to show you the content that we think you might be interested in and reach you with more relevant ads and marketing.

Musician's Friend may use personal information and other information collected automatically for a variety of purposes, including, without limitation, to:

• Providing support and services: including to provide our Services, operate our Sites, Apps and online services; to communicate with you about your access to and use of our Services; to respond to your inquiries; to provide troubleshooting, fulfill your orders and requests, process your payments and provide technical support; and for other customer service and support purposes.
• Analyzing and improving our business: including to better understand how users access and use our Services and Sites, to evaluate and improve our Sites, Services and business operations, and to develop new features, offerings and services; to conduct surveys and other evaluations (such as customer satisfaction surveys); to monitor consumer interest in our products and Services; to troubleshoot problems that may arise on the Sites; to improve the accuracy of our customer database; to increase our understanding of our customer database; to increase our understanding of our customers; and for other research and analytical purposes.
• Personalizing content and experiences: including to tailor content we send or display on our websites and other Services; to offer location customization and personalized help and instructions; and to otherwise personalize your experiences. To assist in these purposes, as well as the other purposes identified in this Policy, at certain times, we create a profile relating to you in order to show you the content that we think you might be interested in and to display the content according to your preferences.
• Advertising, marketing and promotional purposes: including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our Services, products, or other information we think may interest you; to identify potential new customers; and to administer promotions, sweepstakes, contests or other special promotions.
• Securing and protecting our business: including to protect and secure our business operations, assets, Services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.
• Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
• Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business.
• Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.

Aggregate and De-identified Data. We may de-identify information and create anonymous and aggregated data sets and reports to assess, improve and develop our business, products and services, prepare benchmarking reports on our industry and for other research, marketing and analytics purposes.

We may share or disclose the personal information we collect as follows:

• Service providers: We may disclose personal information with third-party service providers who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, customer service and/or support providers.
• Third parties: We may share personal information with third parties that provide advertising, campaign measurement, online and/or mobile analytics, and related services. These third parties may receive or access as browsing and/or other data about your use of the Services, in order to help us better reach individuals with relevant ads and/or measure our ad campaigns, and/or to better understand how individuals interact with our Sites and Services overtime and across devices. We may also transfer and/or sell personal information we collect and/or join together with other businesses to bring selected opportunities to customers or potential customers.
• Subsidiaries and affiliates: We may share your personal information with our affiliated companies (i.e., our parent company and other companies under common ownership, control or management with us); they may use such personal information for the purposes set out in this Policy.
• Legal compliance: We may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. In addition, we may share certain Personal Information when we believe that doing so is reasonably necessary to protect the rights, property and safety of our company and/or others.
• Business transfers: We may disclose and/or transfer personal information as part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
• Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and/or to protect the rights, property or safety of Musician's Friend or our affiliates, clients, customers and/or others.

Aggregated and De-identified Data. We may share aggregate or de-identified information with third parties for research, marketing, advertising, analytics and/or other purposes.

We use cookies, pixels, tags, and other technologies, which may be provided by third parties, on our Sites to enable certain functionality and for security and fraud detection and prevention, as well as to collect usage information about our Sites and the emails that we send and to personalize content and provide more relevant ads and information. We may combine the information we collect via these technologies with other information, including personal information, that we collect.

Cookies. Cookies are alphanumeric identifiers that are transferred to your computer through your web browser for record-keeping purposes. Some cookies enable you to log-in to our Sites or save certain settings and preferences, while others, allow us to track usage and activities on our Sites, personalize content on our Sites, or deliver more relevant ads on our Sites and third party sites. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The "Help" tab on the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you block cookies, however, certain features on our Sites may not be available or function properly.

Log files. Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version and internet browser type and version. This information is gathered automatically and stored in log files.

Pixel tags and embedded script (aka clear GIFs and web beacons). Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, pixel tags are embedded invisibly on web pages. We may use these, in connection with our Sites to, among other things, track the activities users of our Services, improve ads, personalize and manage content, and gather usage information about our Sites. We may also use these in HTML emails to, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Third Party Analytics Tools. Our Sites use automated devices and applications operated by third parties, such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Sites and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google's practices by going to www.google.com/policies/privacy/partners/, and you can opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track Signals. Please note that our Sites do not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our Services, you should not rely on any 'Do Not Track' feature your browser might have.

We work with third party ad networks, channel partners, affiliates, measurement services, analytics and others ("third party ad companies") to display advertising on our Services, and to manage or measure our advertising on third party sites, social media platforms, mobile apps and online services, as well as to send you promotional materials or offers via email or direct mail. We and these third party ad companies may use cookies, pixels tags, and other tools to collect activity information on our Services (as well as on third party sites and services), as well as IP address, device ID, cookie and advertising IDs, and other identifiers, general location information, and, with your consent, your device's geolocation information; we and these third party ad companies use this information to provide you more relevant ads and content and to evaluate the success of such ads and content.

Custom Lists and Matching. We may create and disclose hashed customer list information (such as name and email address) with third parties—such as Facebook and Twitter—so that we can better target ads and content to you and others with similar interests, within these third party services. These third parties use the personal information we provide to help us target ads and to enforce their terms, but we do not permit them to use or share the data we submit with other third-party advertisers.

Opt out of targeted ads. You may control how participating third party ad companies use the information that they collect about your visits to our Sites, and those of third parties, in order to display more relevant targeted advertising to you; for more information and to opt-out of go to:

• www.networkadvertising.org/optout_nonppii.asp (Network Advertising Initiative)
• www.aboutads.info/choices (Digital Advertising Alliance)

Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or "contextual" ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.

Our Sites are not directed to children under the age of 13, and Musician's Friend does not knowingly collect or maintain personal information online from children we actually know at the time of collection are under the age of 13. Should we discover that we have collected personal information online from a child who is under 13, we will promptly delete that personal information. If you have concerns over the collection of children's personal information on the Sites, please contact us at the information provided in the Contact Us section below.

CARU Safe Harbor. This privacy policy and the CARU icon shown on our websites confirm that Musician's Friend is a valid licensee and participating member in the CARU Safe Harbor Program ("CARU Safe Harbor"). To protect your privacy, we have voluntarily undertaken this privacy initiative. CARU has reviewed and certified that we meet established online information collection and use practices on all Musician's Friend properties where this privacy policy is posted. As part of the CARU Safe Harbor, we are subject to audits and frequent monitoring of our websites and other enforcement and accountability mechanisms administered independently by CARU.

If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact CARU at:

CARU Safe Harbor
Attn: Director
112 Madison Avenue, 3rd Floor
New York, NY 10016
info@caru.bbb.org

The security of your personal information is important to us. We have put in place safeguards to protect the personal information we protect from unauthorized access, use and disclosure. However, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe, such as choosing a strong password and logging out of your User account and closing your web browser when finished using the Services.

The Sites provides links to various websites operated by third parties including, but not limited to, third party sites that display the Musician's Friend trademarks. This Privacy Policy does not apply to third party websites that are accessible through the Musician's Friend's Sites, unless such website directs users or visitors to this Privacy Policy. When you click on one of these links, you will be transferred out of the Sites and connected to the website of the organization or company that maintains that website. Even if an affiliation exists between the Sites and a third party website, we exercise no control over linked websites. Each of these linked websites maintains its own independent privacy and data collection policies and procedures. We encourage you to read the privacy policies of those other websites to learn how they collect, use, share and secure your information before providing any personal information.

If you need to update your contact details or other personal information provided to us, please contact us as set forth in the Contact Us section below. California residents have certain rights, under California privacy laws, regarding their personal information, which are set forth below, in the Additional Information for California Residents section below.

Marketing Choices. You can control your marketing preferences as set forth below:

• Email opt out: From time to time, Musician's Friend may notify you by email of special promotions, changes to the Sites, new product lines or products or service offerings that we think may be of special interest to you. If you decide you no longer want to receive emails notifying you of this information, click here to unsubscribe, or follow the instructions in the promotional message. Email Opt Out requests will be processed within ten (10) days.
• Mailing list: Musician's Friend may occasionally share its postal mailing list or a part of its mailing list with other organizations. If you do not want your name and address shared with other organizations, or do not wish to receive our mailings, please contact us at 1-866-498-7882. Please note that requested changes to our postal mailing list may take up to eight (8) weeks to take effect.

Sites Preferences. You may control how we collect and manage certain information through our Sites:

• Targeted advertising: To opt-out of certain targeted advertising by participating advertisers, go to:
  
  www.networkadvertising.org/optout_nonppii.asp (Network Advertising Initiative)
  www.aboutads.info/choices (Digital Advertising Alliance)
  
  You can also adjust your browser cookies settings to block or delete third party cookies, as explained in the Cookies and Analytics section above. If you block cookies, certain features on our Sites may not be available or function properly.
• Mobile applications: You can manage your preferences for push notifications, and access to your device location, camera, photos, and contacts by our App, through the device settings of your mobile device. In some cases, you may not be able to use certain features of the App if you decline certain permissions. For example, you must permit the App to access your device's camera or saved photos in order to use certain features such as the scan barcode feature.

When we make changes to the Privacy Policy, we will change the "Last Updated" date above. If a material change is made to this Privacy Policy, we will endeavor to provide notice in advance of such change, such as by posting notice of that change on the first page of this Privacy Policy or on our homepage, or by emailing your email address of record with us. You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the Sites constitutes your consent to any changes to this Privacy Policy.

If you have any questions or concerns about this Privacy Policy and/or if you want to exercise any of the rights that you are given under this Privacy Policy, please contact us at:

Musician's Friend
PO Box 7479
Westlake Village, CA 91359
Attention: Legal Department
Phone: 800-449-9128
Email us using this link

Below, we provide information, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA"), which requires that we provide California residents certain specific information about how handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA.

Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information about California residents that we collect, sell and disclose to others for a business purpose. We collect these categories of personal information from the sources described in the Collection of Personal Information section above, and for the purposes described in the Use of Personal information section above.

Categories of personal information	Collected	Disclosed for business purposes
Name, contact information and other identifiers: identifiers such as a name, username, account name, address, phone number, email address, online identifier, IP address, government-issued identification numbers or other similar identifiers.	Yes	Yes
Customer records: paper and electronic customer records containing personal information.	Yes	Yes
Protected classifications: characteristics of protected classifications under California or federal law such as race, sex, age, religion, national origin, disability and citizenship.	Yes	Yes
Commercial Information: including records of real property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.	Yes	Yes
Usage data: internet or other electronic network activity Information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.	Yes	Yes
Geolocation data: precise location information about a particular individual or device.	Yes	Yes
Audio, video and other electronic data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings.	Yes	Yes
Employment history: professional or employment-related information.	Yes	Yes
Education information: education information and records.	Yes	Yes
Profiles and inferences: Inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.	Yes	Yes

Categories of Personal Information Sold. The CCPA defines a "sale" as disclosing or making available to a third party personal information in exchange for monetary or other valuable consideration. While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we do disclose or make available personal information to our affiliated companies and other third parties, in order to receive certain services or benefits from them, such as when we allow third party tags to collect information such as browsing history on our Sites, in order to improve and measure our ad campaigns. Pursuant to the CCPA, the categories of personal information that we may "sell" as includes:

• Name, contact information and other identifiers
• Usage data
• Profiles and inferences
• Customer Records
• Commercial Information
• Profiles and inferences

California Residents' Rights
California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Do-Not-Sell. California residents have the right to opt-out of our sale of their personal information. Opt-out rights can be exercised by submitting a request here to submit an opt-out request . We do not sell personal information about residents who we know are younger than 16 years old without opt-in consent.

Initial Notice. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.

Requests to Delete. Subject to certain exceptions, California residents have the right to, at no charge, request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies.

Request to Know. California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:

• categories of personal information collected;
• categories of sources of personal information;
• business and/or commercial purposes for collecting and selling their personal information;
• categories of third parties/with whom we have disclosed or shared their personal information;
• categories of personal information that we have disclosed or shared with a third party for a business purpose;
• categories of personal information collected; and
• categories of third parties to whom the residents' personal information has been sold and the specific categories of personal information sold to each category of third party.

California residents may make a Request to Know up to twice every 12 months.

Right to Non-discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services,or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents' data.

Financial Incentives. A business may offer financial incentives for the collection, sale or deletion of California residents' personal information, provided it is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent.

Your Rights Under California's Shine-the-Light Law. Under California's "Shine the Light" law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. California residents who would like to make such a request may submit a request online at https://www.musiciansfriend.com/data-request. The request should attest to the fact that the requester is a California resident, and provide a current California address.

Submitting Requests. Do-Not-Sell (Opt-out) Requests, Requests to Know, and Requests to Delete may be submitted:

• Online at https://www.musiciansfriend.com/data-request
• By phone at (866) 979-0549 (toll free)

We will respond to verifiable requests received from California residents as required by law

For more information about our privacy practices, you may contact us as set forth in the Contact Us section above.

Last Revised: July 24, 2018

PLEASE READ THESE MUSICIAN’S FRIEND PURCHASE TERMS ("PURCHASE TERMS") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.

• THE MUSICIAN’S FRIEND DISPUTE RESOLUTION POLICY, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS;

• THE MUSICIAN’S FRIEND PRIVACY POLICY;

• THE MUSICIAN’S FRIEND RETURN POLICY; AND

• THE MUSICIAN’S FRIEND SHIPPING, TAXES AND TITLE POLICY.

BY MAKING ANY PURCHASE, YOU ARE AGREEING TO THESE PURCHASE TERMS.

In these Purchase Terms, the terms "Musician’s Friend," "we," "our," and "us" refer to Musician’s Friend, Inc. Other than as specifically provided in any separate written purchase agreement between you and Musician’s Friend, these Purchase Terms apply to all of your Musician’s Friend purchases, including, but not limited to, those made in-store, from the website at www.musiciansfriend.com, our mobile application (the "App"), and any other website or mobile application owned or operated by Musician’s Friend, Inc. which direct the user to these Purchase Terms. Collectively, we refer to www.musiciansfriend.com, the App and any other website or mobile application owned or operated by Musician’s Friend which refers its users to these Purchase Terms as the "Site."

These Purchase Terms may NOT be altered, supplemented or amended by you through the use of any other document(s). Any attempt to alter, supplement or amend these Purchase Terms or to enter an order for product(s), which is subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both you and Musician’s Friend.

All orders, including, online orders, telephone orders and preorders for limited availability products are not binding upon Musician’s Friend until we accept them. Unless otherwise agreed by Musician’s Friend, payment must be processed by Musician’s Friend prior to an order being accepted. Musician’s Friend will communicate its acceptance of an order by acknowledging your order by reply email then processing your payment and shipping the item(s) ordered to you or by processing your payment in-store and providing the item(s) ordered to you. We reserve the right to refuse to provide products or services to anyone.

Because prices, product descriptions and availability can change quickly, Musician’s Friend does not warrant the accuracy or completeness of the information provided on the Site, or in written materials and is not responsible for pricing, typographical or other errors.

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 Musician’s Friend and receive a refund of your purchase price.

Items in your shopping cart will reflect the most recent price displayed on each 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. Prices are reserved only by placing an order.

In the event of a pricing error, Musician’s Friend will do one of the following: (1) if an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (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 your purchase in accordance with our Return Policy. Discounts are limited-time offers and are not valid with other offers.

The Site or other written material may from time to time identify a List Price or MSRP for a product. List Price or MSRP is the suggested retail selling price of a product provided to us by the manufacturer. We may commonly sell products at prices lower than List Price/MSRP, and, for any given product, no sales may have occurred at List Price/MSRP.

Whether other retailers sell at List Price/MSRP will vary by product, geographic location, type of store and over time.

To the extent we reference List Price/MSRP, we try to update the List Prices/MSRPs in our printed materials and on our Site as we receive them. However, in some cases, the manufacturer may change a List Price/MSRP without notice to us.

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

List Price/MSRP also may be quoted for house or private label brands and such references are developed internally taking into consideration comparable name brand products. We may commonly sell such products at prices lower than List Price/MSRP, and, for any given product, no sales may have occurred at List Price/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 regular selling price.

Orders through the Site may be paid for using the following methods: VISA, MasterCard, American Express, Discover and Musician’s Friend Platinum Card, Musician’s Friend gift cards, and Paypal. PayPal Credit is also available via web orders only. In addition to using the Musician’s Friend shopping cart feature for orders through the Site, orders can also be placed by calling Musician’s Friend at 800-449-9128 800-449-9128 Phone number . For phone or mail orders, you may also pay with money orders, cashier’s checks, and personal checks by using the mail order form. All online or phone non-credit card orders are subject to a 10-business-day hold.

Musician’s Friend will from time-to-time offer certain promotional purchase offers for select brands when purchasing with a Musician’s Friend Platinum Card. When your promotional offer purchase is charged to your Musician’s Friend Platinum Card, no interest is assessed on your promotional purchase balance if you pay the promotional purchase balance in full by the end of your promotional period. If you do not, periodic finance charges will be assessed on the promotional purchase balance from the date of purchase. Minimum monthly payments, equal to the initial promotional purchase amount divided by the number of months in the promotional purchase period until the promotional price is paid in full, will be required on your promotional purchase balance during and after the promotional period. The equal monthly payment will be rounded to the next highest whole dollar and may be higher than the minimum payment that would be required if the purchase was a non-promotional purchase. Regular account terms apply to non-promotional purchases. If minimum monthly payments on any balances on your account are not paid when due, all special promotional terms may be terminated. Standard account terms apply to non-promotional purchases and, after the promotion ends, to your promotional purchases. For more information on the terms and conditions governing your use of your Musician’s Friend Platinum Card, refer to your Platinum Card Disclosure.

Musician’s Friend regularly offers vintage, special limited edition and other limited quantity products to the public, some of which may be identified as Hot Buys or Closeouts. Because the supply of these products is extremely limited and customer demand often greatly exceeds the supply, we offer these products for sale strictly on a "first come first served" basis. The placement of a preorder and the prepayment of a deposit or the placement of credit on account is not a purchase and does not guarantee that you will receive the product; it merely establishes that you have been placed on the waiting list of potential purchasers of that product. We make good faith efforts to list potential purchasers and to fulfill the preorders in the order in which they were placed and we received any required prepayment of a deposit or credit on account, until all of the product(s) we decide to sell, in our sole discretion, have been sold. If you have placed a preorder and prepaid a deposit or placed credit on account for of one of these products and we are not able to fulfill your preorder because of limited availability, we will promptly refund any deposit or credit on account.

See our Best Price Guarantee on price match limitations for limited availability products.

All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to: Musician’s Friend, Inc., ATTN: Warranty Request, PO Box 7479, Westlake Village, CA 91359.

MUSICIAN’S FRIEND PROVIDES NO AUTOMATIC SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICIAN’S FRIEND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. You may purchase additional warranty coverage if you pay for the Musician’s Friend Gold Coverage.

MUSICIAN’S FRIEND DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR FOR FAILING TO PROVIDE SERVICES AND/OR SUPPORT. MUSICIAN’S FRIEND WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, MUSICIAN’S FRIEND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.

No provision in these Purchase Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Musician’s Friend’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); and (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm).

NEW JERSEY RESIDENTS: With respect to these Purchase Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.

These Purchase Terms shall for all purposes be governed by and interpreted in accordance with federal law and the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

WARNING – This product may contain a chemical known to the state of California to cause cancer, or birth defects or other reproductive harm.

Last Revised: July 24, 2018

1. Agreement

   Read this Dispute Resolution Policy ("Agreement") carefully. This Agreement explains how you and Musician’s Friend will resolve any Dispute (as defined below). This Agreement explains the only way such Disputes will be resolved. As explained further below, under this Agreement:

   • ALL DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING, NON-CLASS ARBITRATION

   • DISPUTES WILL NOT BE RESOLVED IN COURT

   • DISPUTES WILL NOT BE RESOLVED BY JUDGE OR JURY

   • THERE WILL BE NO CLASS ACTIONS OR CLASS ARBITRATIONS

   If you agree to our Purchase Terms or our Terms of Use or otherwise agree to this Agreement, you consent to all of these terms.

2. Parties

   This is an agreement between you and Musician’s Friend, Inc. ("Musician’s Friend," "we," "our," and "us").

   The Agreement also benefits Musician’s Friend’s agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing products or services to you in connection with or related to your purchase of a product or service from Musician’s Friend. These are called "Related Parties".

3. Disputes

   The Agreement applies to any dispute between you and Musician’s Friend and/or Related Parties. A Dispute is a disagreement that could be the subject of a civil lawsuit or administrative complaint.

   Disputes include, for example, claims that you, Musician’s Friend, or Related Parties:

   • Violated a federal or state law;

   • Breached a contract;

   • Were reckless or negligent, and caused harm;

   • Committed some intentional harm (a tort); or

   • As a matter of equity, owe something not yet paid.

   These are just examples. Disputes also include:

   • demands for money;

   • demands that a party takes some action, or refrains from taking action (injunctive relief); and

   • demands for a court or administrative body to say who is right and who is wrong (declaratory relief)

4. Negotiation

   You and Musician’s Friend agree to first attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding.

   Negotiations will begin upon receipt of written notice by the party raising the Dispute. Musician’s Friend will send its notice using available information – for example, if available, it will mail a copy to you at your billing address and will e-mail a copy to you at the e-mail address you have provided to us.

   You will send your notice to:

   Musician’s Friend
   5795 Lindero Canyon Road
   Westlake Village, CA 91362
   Attn: General Counsel

5. Binding Arbitration

   If a Dispute cannot be resolved through negotiations within thirty (30) days, either you or Musician’s Friend may elect to have the Dispute resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.

   • In arbitration, a private organization ("the Arbitrator") decides the Dispute. This is not a judge, and there is no jury.

   • The Arbitrator follows the procedural rules that the parties agreed to beforehand, as well as the Arbitrator’s own rules.

   • The Arbitrator’s decision is binding and cannot be appealed, except in limited circumstances like fraud or collusion.

6. Scope of Arbitration

   The Arbitrator will determine the scope and enforceability of this Agreement, including whether a Dispute is subject to arbitration. The Arbitrator has authority to decide all issues of what can and cannot be arbitrated.

   Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Musician’s Friend can request the stay be lifted upon a showing of prejudice.

7. Selection of Arbitrator

   Any arbitration under this Agreement will be conducted by JAMS:

   https://www.jamsadr.com/about-jams/

   If for any reason JAMS is unable to conduct the arbitration, either you or Musician’s Friend may seek resolution of the Dispute through arbitration by another national arbitration company.

8. Selection of Rules

   Any arbitration under this Agreement will be conducted pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at:

   https://www.jamsadr.com/rules-streamlined-arbitration/

   If for any reason JAMS is not available or no longer maintains these rules, the Arbitrator will apply the closest equivalent set of rules.

9. Conduct of Arbitration

   The arbitration may be conducted in person, through the submission of documents, by phone, or online. The Arbitrator will decide the fairest way to proceed.

   The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.

   The Arbitrator will make a decision in writing. If you or Musician’s Friend asks for it, the Arbitrator will provide a statement of the reasons on which the decision was based. The arbitrator must follow the applicable law.

   The decision of the Arbitrator shall be final and binding on you and Musician’s Friend, and any award of the Arbitrator may be entered in any court of competent jurisdiction.

10. Costs and Discovery

    In some instances, the costs of arbitration could exceed the costs of litigation. You and Musician’s Friend agree that you shall each bear your own costs of arbitration, including, without limitation, attorneys’ fees.

11. Class and Collective Action Waiver

    You and Musician’s Friend agree that any arbitration or court proceeding shall be limited to the Dispute between Musician’s Friend and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

    a)  A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND MUSICIAN’S FRIEND;

    b)  THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND

    c)  YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

    Any Dispute regarding the prohibitions in the prior sections will be resolved by the Arbitrator in accordance with this Agreement.

    If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to Arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within Los Angeles County, State of California, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Musician’s Friend agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.

12. Jurisdiction

    There is a federal law that applies here, the Federal Arbitration Act, 9 U.S. Code § 1, et seq. The Federal Arbitration Act will apply to any Disputes.

    You or Musician’s Friend can seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

    You and Musician’s Friend agree to submit to the jurisdiction of the state and federal court in Los Angeles County, California for such provisional remedies or to enforce this Agreement, and we both irrevocably submit to the exclusive jurisdiction and venue of such courts.

Last Revised: December 7, 2018

In this Musician’s Friend Best Price Guarantee, the terms "Musician’s Friend", "we, "our," and "us" refer to Musician’s Friend, Inc.

Find a lower price or better coupon offer? We will match authorized U.S. dealers! We want to make sure you know that you have the best-fit gear for the best price.

If you find a lower price on an identical, in-stock product available from an authorized U.S. dealer, for a product offered by Musician’s Friend, we’ll match it at the time of purchase and for 45-days after your purchase!

1. Price & Coupon adjustments are only made by phone: call us at 800-449-9128 800-449-9128 Phone number

2. This policy is only good for published, verifiable, advertised prices, in print or online media from Authorized U.S. Dealers. For purposes of this offer, an "authorized U.S. dealer" includes only bona fide online or bricks-and-mortar retailers whose business is the sale of first quality musical instruments, equipment and accessories which are authorized to sell the those items, including the item at issue, by substantially all of the manufacturers whose items they sell.

3. Advertised items must be factory-sealed new product. Items must be advertised and verifiable on the web or in a local or national paper, magazine, or catalog by an authorized U.S. dealer, and of the same size and color as the matched product.

4. You may be asked to share price or coupon details via email or fax to confirm the listed competitor price. For online requests, please have the competing website address and the specific product page URL to help us verify the online pricing and product description, brand name, availability, and relative price and product specifications.

5. This offer is not stackable or combinable with other offers or promotions on MusiciansFriend.com or by phone.

6. This policy does not apply to offers that include financing, bundling of items, free or promotional items, pricing errors, rebates and other deferred savings offers, competitors' service prices, Deal of the day or special hour sales events, items advertised as limited-quantity, out-of-stock items, restocks, open-box items, clearance items, refurbished items, demo and exclusive models, gray market goods, outlet center items, used merchandise, auctions and auction sites, factory seconds, discontinued merchandise, and floor samples.

7. We reserve the right to limit quantities.

8. This policy applies to consumer orders only - no resellers. We do offer bulk & discount pricing to Businesses, Schools & Institutions separately. If you are interested in this level of pricing, give our institutional Department a call at 866-543-0750 866-543-0750 Phone number .

9. Adjustments for coupon/promotion matching are subject to the same rules and restrictions of the competitor's coupon/promotion. Any limitations or exclusions on competitor's offers will also apply to this best price guarantee.

The following Limitation of Liability ("Limitation") applies only to your free use of the Site. This Limitation does not apply to, for example, your purchase of any product or service from Musician’s Friend.

Your use of the Site is at your own risk. You agree that our sole obligation to you is to provide the Site "as is." Neither Musician’s Friend nor any of our employees, officers, directors, nor any of our agents or any other party involved in creating, producing, or delivering the Site shall be liable to you or any third party for your use of, or the inability to use, the Site or the Content except in cases of (1) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (2) a violation of a consumer protection statute in connection with the Site.

IN NO EVENT SHALL MUSICIAN’S FRIEND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR PROFITS, WHETHER OR NOT MUSICIAN’S FRIEND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. MUSICIAN’S FRIEND’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE 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.

Last Revised: July 24, 2018

Every guitar or bass you purchase from Musician’s Friend (electric or acoustic, New or Open Box) automatically includes our 2-Year Free Warranty, with two years of protection from manufacturer defects.

• This warranty is exclusive to Musician's Friend and should not be confused with third party cooperative warranties (such as Gold Coverage) or manufacturer’s warranty.

• For service, contact Musician's Friend (not the manufacturer) for easy shipping instructions.

• Covered claims include parts and labor. You are responsible for shipping costs.

• Coverage protects only against defects in workmanship under normal use. Accidental damage or abuse are not covered. Determinations are at our discretion.

• Warranty is not transferrable and applies only to the original purchaser.

• Warranty does not prohibit your direct use of the manufacturer's warranty.

• Only offered on purchases from Musician’s Friend of electric guitars, electric bass guitars, acoustic guitars, and acoustic bass guitars.

• We expressly disclaim all consequential damages such as loss of income or use for equipment failure or repair/shipping times.

• We may discontinue or modify the terms of this warranty for new purchases at any time.

Last Revised: July 24, 2018

Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657) requires retailers and manufacturers of a certain size doing business in California to disclose measures used to track possible slavery and human trafficking in their supply chains.

As part of our commitment to social responsibility, we have established Standards for Supplier Conduct. The standards cover topics including compliance with laws, voluntary labor, labor hours, hiring and employment practices, compensation, freedom of association and collective bargaining and the environment. We expect our suppliers to comply with legal requirements and operate consistently with our standards when working on our behalf. By supplying products to us suppliers are required to certify that they will abide by our standards.

We evaluate and address risks of human trafficking and slavery in our supply chain through a combination of internal and third party verification methods. We require suppliers to consent to audits to evaluate compliance with our standards for trafficking and slavery in our supply chain. We may conduct these audits through third-party audit firms. Audits are unrestricted and may occur with or without advance notice.

We require direct suppliers to certify that materials incorporated into products supplied to us comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. For example, our standards provide that by supplying products to us suppliers are certifying that they comply with these laws. In some cases, we may require additional written confirmation of these certifications.

We maintain internal accountability regarding slavery and trafficking, and procedures for employees failing to meet our standards. Compliance with our standards are part of our employee policies, and failing to comply with the standards may result in disciplinary action or dismissal. Our standards are documented and available for our employees and suppliers. Special attention to our standards is required for employees and management who have direct responsibility for supply chain management. These employees receive training on human trafficking on slavery, particularly with respect to mitigating risks within the supply chain.

Last Revised: March 12, 2021

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE MUSICIAN'S FRIEND LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

For questions about the program, please visit the FAQs page.

1. Membership Eligibility and Overview

1.1. The Musician's Friend Loyalty Program ("Program") is offered at the sole discretion of Musician's Friend, Inc. ("Musician's Friend," "we," "our" or "us"). The Program is only available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who (i) are legal residents of the 50 United States and the District of Columbia and at least 18 years or older, (ii) provide and maintain a valid email address, and (iii) maintain a www.musciansfriend.com (the "Site") account are eligible to become members. If you are between the age of 18 and the age of majority in your state of residence ("eligible minor"), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 18. Employees of Musician's Friend and any of its related companies and the immediate family members (spouse, parents, sibling and children and their respective spouses, regardless of where they reside) of any of the foregoing are not eligible to participate in the Program.

1.2. By joining the Program and becoming a Program (individually and collectively, "you," "your," or "Member"), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation ("Terms") and by any changes or modifications we may make.

1.3. You should review these Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. An Eligible Rewards Purchase is a purchase made with a credit card on musiciansfriend.com and includes the Eligible Purchase Price of merchandise and services, BUT EXCLUDES gift card purchases and redemption, used and vintage purchases, Gold Coverage, sales tax, state fees, shipping charges, delivery charges, or other excluded charges or categories of products as specified by us from time-to-time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services, such as our Musician's Friend Purchase Terms and Conditions. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and our website Terms and Conditions of Use, which are incorporated herein by reference. If you do not agree to these Terms, our website Privacy Policy, and our website Terms and Conditions of Use, you cannot participate in the Program. The Program is void where prohibited by law.

2. Program Enrollment

2.1. Eligible individuals may enroll in the Program by clicking on the designated link(s) provided via email or on the site, or by signing up via the URL listed on the catalog or an invitation received.

2.2. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

3. Program Benefits

3.1. The Program is a way in which we reward and thank our most valuable customers for purchasing our products. As a Program Member, you will receive the following rewards. You will earn rewards points ("Points") for Eligible Purchases equal to 8% of the total Eligible Purchase Amount. Every $1 spent is worth 8 Points. For instance, if your Eligible Purchase Amount is $800, you will receive 6,400 Points. You may redeem your Points online within the checkout process on Musiciansfriend.com or by calling a VIP phone specialist at 866-926-1922. Rewards may have additional terms, conditions and limitations, such as expiration dates. Visit our FAQs to learn more about the Program benefits, Eligible Purchases and Eligible Purchase Amounts.

3.2. Benefits, Points and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to Points, rewards or other Program benefits. Point balances credited to your Program account will be reversed if the purchase associated with such Points is returned or if the balance is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer, or assignment of any Points, rewards or benefits offered through the Program, other than by us, is expressly prohibited.

3.3. We reserve the right to change how you earn and/or redeem Points, rewards or benefits and how we evaluate and reward your Eligible Purchases, Eligible Purchase Amounts and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any Points, the number of Points you may receive, the number or types of rewards or benefits you may receive or earn, in a given time period or for the duration of the Program, and/or any combination thereof.

3.4. If you have concerns that Points for an Eligible Purchase Amount or other activity was not properly applied to your account, you should contact Customer Service at 800-776-5173. Please see our FAQs for more information about how long it takes for Points to show up in your account. Your email must specify your name, address, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than ninety (90) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

4. Marketing Communications

4.1. When you agree to the Program Terms you will also be agreeing to receive Program related emails. We also may give you the option to opt-in to receive other types of marketing communications from us at the time of enrollment, including via text message.

4.2. You may opt-out of receiving Musician's Friend marketing emails at any time, but Program operational emails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account.

5. Termination and Modification

5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of Points, rewards or benefits already accumulated or earned and/or the ability to redeem accumulated Points, rewards or benefits.

5.2. We reserve the right to exclude you from or to discontinue your participation in the Program in our sole discretion. Any abuse of the Program, failure to follow any Program terms, membership inactivity for more than 12 months, misrepresentation or conduct detrimental to us or our interests may (in our sole discretion) result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any Points, rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, in our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.

6. Disclaimer of Warranties; Limitation of Liability

6.1. NEITHER MUSICIAN'S FRIEND NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS ("MUSICIAN'S FRIEND PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE POINTS, REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

6.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MUSICIAN'S FRIEND PARTIES WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM OR PROGRAM APP; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY POINTS, REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

6.3. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MUSICIAN'S FRIEND NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

6.4. YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY POINTS, REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

7. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program or your breach of any of these Terms.

8. Governing Law and Disputes

8.1. This Program and these Terms governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions.

8.2. You agree that any dispute, claim, or controversy arising from or relating to this Program and these Terms or your Program membership shall be subject to the Musician’s Friend Dispute Resolution Policy.

9. Privacy

9.1 We value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership will be used and disclosed by us for the purpose of the administration of the Program, marketing in connection with the Program, other marketing emails that you have opted-in to receive, and/or for providing you with services requested through our Site, internal analysis for marketing purposes, and as otherwise permitted by our Privacy Policy.

10. Contact Us

For information about the Program and your membership, call 866-926-1922. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers to helpful frequently answered questions in our FAQs.

SHORTCODE: 56500
PROGRAM: Musician’s Friend Alerts
FREQUENCY OF ALERTS: 12msg/mo.
PRICING: Standard rated, non-premium service. Msg&Data rates may apply.
CONTACT: Musician’s Friend at 800-449-9128 or service@musiciansfriend.com
COMMANDS: Text: "HELP" to 56500 to get help. Text: "STOP" to 56500 to cancel.

Terms and Conditions & Privacy Policy

USER OPT-IN:
Users may opt into Musician’s Friend Alerts to receive SMS mobile alerts from Musician’s Friend by texting "JOIN" to "56500" to opt-in. By signing up you agree to receive marketing text messages. We do not use an automatic telephone dialing system to generate, store, or deliver our text messages. Consent is not required to purchase goods or services.

USER OPT-OUT:
To Opt-Out (discontinue service), text "STOP" to "56500" from your mobile device. You will not receive any additional messages. You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive or to short code "56500". HELP: To get help, text "HELP" to "56500" or email service@musiciansfriend.com or call 800-449-9128

CARRIERS SUPPORTED:
Verizon Wireless, Sprint, Nextel , Boost, T- Mobile®, AT&T, Alltel, ACS Wireless, Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central Illinois (ECIT), Cincinnati Bell, Cricket, C-Spire Wireless, Duet IP (AKA Max/Benton/Albandy), Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular (IVC), Inland Cellular, iWireless, Keystone Wireless (Immix/PC Management), MetroPCS, MobiPCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Pioneer, Plateau, Revol Wireless, Rina- Custer, Rina-All West, Rina- Cambridge Telecom Coop, Rina-Eagle Valley Comm, Rina-Farmers Mutual Telephone Co, Rina- Nucla Nutria Telephone Co, Rina- Silver Star, Rina- South Central Comm, Rina- Syringa, Rina- UBET, Rina- Manti, Simmetry, South Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, West Central Wireless (includes Five Star Wireless).

WARRANTY:
Musician’s Friend will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

PRIVACY POLICY:
Musician’s Friend respects your privacy. We will only use information you provide to transmit your text message. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH OUR SERVICE TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

DISPUTE RESOLUTION:
In the event that there is a dispute, claim or controversy between you and Us, or between you and any third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in California before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules.

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the

MISCELLANEOUS:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserves the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.

Imagine a music store so large it covers the area of 12 football fields. That's how big our Distribution Center is, and musiciansfriend.com is your entry point to this dream collection of musical gear. All your favorite brands are here in every gear category: Fender Gibson, Ibanez, Marshall, Yamaha, Taylor, Martin, PreSonus, TASCAM, M-Audio, DW, Pearl, Tama and Sabian. From Ableton to Zildjian, we have the gear you're looking for.

We ship over 4,500,000 items every year–more than enough to provide every person in Los Angeles and Boston with some cool musical goodie. Over 1,700,000 items are in stock and ready to ship-in fact a bunch are being sent out right now with free shipping to hordes of eager musicians.

We carry over 85,000 products from all leading manufacturers in every product category. Why the fanatical focus on size? Easy. Because when it comes to selection, bigger is better. Much better.

We've replaced the section formerly known as Used Gear with our new Open Box Gear section. Open Box Gear is gear that has been returned in one of three conditions:

• Mint
• Blemished
• Scratch & Dent

We are making this gear available to you at the best price you can find anywhere, making it the perfect mix of performance and value. And no matter what condition you choose, it’s all backed with our full 45-Day, No-Hassle Returns policy, just in case you aren’t 100% satisfied.

Details

Mint - This gear was returned in mint condition. If you’re looking for a virtually new instrument in possibly less-than-perfect packaging, this is a great value.

• Includes 45-Day, No-Hassle Returns
• Includes full manufacturer’s warranty
• Includes Free 2-Year Warranty on guitars and basses

Blemished – This gear was returned in great condition, with only minor signs of use, such as slight scuffs or pick marks. It looks and plays like new and may be considered an equivalent to display units found in retail stores.

• Includes 45-Day, No-Hassle Returns
• Includes full manufacturer’s warranty
• Includes Free 2-Year Warranty on guitars and basses

Scratch & Dent – This gear was returned in good working condition with one or more scratches or dents, typical of an instrument that’s seen normal wear and tear. It’s a great choice if you’re looking for performance and value and can overlook cosmetic flaws.

• Includes 45-Day, No-Hassle Returns
• Includes Free 2-Year Warranty on guitars and basses

You really need to upgrade your gear - and you need it now. Your checking account says "no," but your Musician's Friend Platinum Card says "you have a friend in the music business."

We all have our dream gear that sometimes seems to be just out of reach, financially. At Musician's Friend, we don't want to put obstacles between you and the gear you need to accomplish your creative goals. The Musician's Friend Platinum Card is more than just another credit card-it's the ticket to financing your next dream gear purchase.

Other cardholder benefits include receiving exclusive deals, info on special promotions, and breaking news of hot new items. Apply for Platinum status today with the card created by musicians, for musicians."

For Musician's Friend Platinum Card holders, it's simple: Play With Platinum.

Get more details by clicking here to learn more about our Musician's Friend Platinum Card and how financing that next big purchase can help you get to that next level of finding