Last Revised: July 24, 2018
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. 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.