These Terms of Use are effective as of May 18, 2026

MUSIC & ARTS GENERAL TERMS OF USE

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. PLEASE REVIEW THE ARBITRATION AGREEMENT SECTION FOR DETAILS.

In these Terms of Use, the terms “Music & Arts,” “we,” “our,” and “us” refer to Music & Arts a division of Guitar Center Stores, Inc. These Terms of Use govern your access to, and use of all or any part of the website located at www.musicarts.com, and any website owned or operated by Guitar Center Stores, Inc. that directs the user to these Terms of Use (collectively the “Site”).

PLEASE READ THESE MUSIC & ARTS GENERAL TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.

THESE TERMS OF USE INCORPORATE THE FOLLOWING OTHER MUSIC & ARTS POLICIES:

• MUSIC & ARTS PRIVACY POLICY;
• THE MUSIC & ARTS PURCHASE TERMS WHICH APPLY IF YOU MAKE A PURCHASE FROM MUSIC & ARTS;

BY CONTINUING TO USE THE SITE AFTER HAVING THE OPPORTUNITY TO READ THESE TERMS OF USE, YOU AGREE TO THEM; IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE. ANY CHANGES TO THE TERMS OF USE ARE EFFECTIVE UPON THEIR POSTING TO THE SITE.

License and Use of Content

Subject to these Terms of Use, Music & Arts grants you a limited, revocable, royalty-free license (the “License”) to view the content and materials (including User Content, as defined below) contained on the Site (the “Contents”) and to make only such copies as may be incidentally created during your exercise of the License through the normal operation of a commercially available web browser and a gateway cache and proxy to access the Content from the Music & Arts server. You are not granted any right to use Music & Arts trademarks, logos, trade dress (including without limitation the layout of the Site) or other intellectual property, and all such items shall remain our exclusive property.

You may only use the Site and the Content for your own Personal Use, as defined below, and you have no right to transfer, assign or use the Content for any other purpose or to allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for the benefit of someone else (“Personal Use”). You are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and/or broadcast Content, except for your own User Content, as defined below, without our express prior written consent. You may not alter, delete or conceal copyright or other notices.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own Personal Use, provided you agree to be bound by our end user license agreement or other terms for such applications. If we provide social media features which allow you to share information or content about or from the Site on social media or otherwise allow you to connect the Site with your social media account, you may take such actions as are enabled by such features.

Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

Modification

Music & Arts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Music & Arts will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Submissions

All remarks, suggestions, ideas, graphics, data, resumes, questions or other information that you communicate to Music & Arts through the Site, by facsimile, through the mail (electronic or otherwise), through a mobile device or through any other means (a “Submission”), will forever be the property of Music & Arts, excluding User Content, as defined below. Unless otherwise specified in our Privacy Policy, Music & Arts will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Music & Arts products, services or operations. Without limitation, Music & Arts will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and that you, not Music & Arts, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

Accuracy of Content and Pricing Information

Because prices, product descriptions and availability can change quickly, Music & Arts does not warrant the accuracy or completeness of the information provided on the Site, in its stores or in electronic or written materials and is not responsible for pricing, typographical or other errors. Music & Arts may make changes to the information contained herein, including to the products and prices described on the Site, at any time, without prior notice to you (including after you have submitted an order). Information on the Site is periodically updated, but it may not be current or complete at the moment you use the Site and may contain errors or inaccuracies. In no event shall Music & Arts or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on the Site. See our Purchase Terms for more information about pricing and purchases.

Registration and Account Creation

The Site may allow you to register and create an account (including via social media log-in information) (“Account”) in order to access or Post (as defined below) certain content on the Site or to purchase products or services on the Site. If you create an Account, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be grounds for us to suspend or terminate your Account.

You are responsible for maintaining the confidentiality of your Account log-in and password information and for any activities that occur through your Account. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.

User Content and Posting on the Site

Sections of the Site may enable you to submit, provide, transmit, exchange, communicate and display (a “Post” or “Posting”) content, messages, photos or profiles (except for Submissions, “User Content”). Music & Arts will not own or retain any rights to the User Content you post on the Site, other than those limited technical permissions required in order to display, store and serve the User Content.

1. You understand and agree that Music & Arts has the right, but not the obligation, to investigate, take legal action against and review and delete any Account and/or User Content that, in its sole judgment, violates these Terms of Use, might be offensive or illegal, might harm, violate the rights of, or threaten the safety of others, or might in any way be deemed unsuitable by Music & Arts.
2. You are solely responsible for the User Content that you Post.
3. By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to Music & Arts a revocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such User Content to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, but only for the purpose of its use on our Site in connection with your Post(s). You also represent and warrant that you have all permissions and licenses necessary to grant such rights to Music & Arts, including, by way of example, “right of publicity” and other rights relating to the reproduction of names and/or likenesses of any individuals which appear in such User Content. You may revoke any of the foregoing licenses by deleting the applicable licensed User Content pursuant to the instructions provided on the Site. However, Music & Arts may retain copies of such User Content for non-public, non-commercial archival use.
4. Music & Arts prohibits Posting User Content that includes, but is not limited to, content that:
   1. is patently offensive to the community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;
   2. harasses or advocates harassment of another person, group or organization;
   3. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
   4. involves information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   5. promotes or distributes illegal or unauthorized copies of the copyrighted works of others (examples include, without limitation providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, and/or providing pirated music/video or links to pirated music/video files);
   6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
   7. infringes on the rights of privacy or publicity of any individual or misappropriates the name and/or likeness of another;
   8. includes material that solicits personal information from anyone, especially from individuals under the age of 18;
   9. includes material that is lewd, obscene, contains nudity or depicts sexual activities or contains sexually suggestive content, including photographs;
   10. contains any material that depicts, describes or threatens violence;
   11. contains words or descriptions that are reasonably considered vulgar, course or crude;
   12. provides instructional information about illegal activities such as making or buying illegal weapons, using or obtaining illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
   13. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or
   14. engages in any unauthorized commercial activities, solicitations and/or sales.
5. You must use the Site in a manner consistent with any and all applicable laws and regulations.
6. Further, you may not:
   • engage in advertising to, or solicitation of, other users of the Site including, but not limited to, through any offer to buy or sell any products or services;
   • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services whether through automatic, manual, or other means not purposely made available by us, including to develop or improve any software program, algorithm, or machine learning or artificial intelligence model;
   • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
   • stalk, harass, or harm another individual;
   • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
   • use any means to scrape or crawl any Web pages contained in the Site;
   • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
   • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
   • advocate, encourage, or assist any third party in doing any of the foregoing

Disclaimer of Warranties and Limitations on Our Liability

YOU USE THE SITE AT YOUR OWN RISK AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND APART FROM THE LIMITED WARRANTY SET FORTH IN THE MUSIC & ARTS PURCHASE TERMS, MUSIC & ARTS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

In particular, we do not represent and warrant that the functions contained on the Site will be un-interrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components. Further, Music & Arts will not provide for specific IT infrastructure or connectivity.

We do not represent or warrant the accuracy or completeness of any Content (including User Content) posted on the Site. We are not responsible for the conduct, whether online or offline, of any users of the Site.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MUSIC & ARTS 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSIC & ARTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR PROFITS, REVENUE OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MUSIC & ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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.

You understand and agree that we have set our prices and entered into these Terms of Use with you in reliance upon the limitations of liability set forth in these Terms of Use, which allocate risk between us and form the basis of a bargain between the parties.

Copyright

The Site and the Content are copyrighted works of Music & Arts and/or its suppliers or users. Neither the Site nor the Content may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without our prior written permission.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Music & Arts’s Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: Music & Arts Legal Counsel, 5795 Lindero Canyon Rd, Westlake Village, CA 91362.

Restricted Rights Legend

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

Trademarks

All trademarks are owned by their respective owners or are used under license.
For further information on intellectual property matters contact Music & Arts, Attn: Legal Counsel, at 5795 Lindero Canyon Road, Westlake Village, CA 91362. For questions or technical problems regarding this service, please contact the webmaster.

Contests, Sweepstakes and Promotions

From time to time, we may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes (each, a “Promotion”). Each Promotion may have Official Rules or other terms and limitations which will be posted or otherwise made available to you and, for purposes of that Promotion, will be deemed incorporated into and form a part of these Terms of Use. To the extent that the terms for any Promotion conflict with these Terms of Use, the terms for that Promotion shall control with respect to that Promotion only.

Links to Other Websites

If you see or use any links or conduits on the Site which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that Music & Arts is associated with or has endorsed, reviewed or even knows anything about that website or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside the Site, even if a link on the Site allowed you to do so. When you leave the Site, you should confirm the terms and conditions, privacy and other policies that apply to you since Music & Arts neither controls, nor has any responsibility for any third party sites (unless they are expressly owned by us), their practices or anything associated with their operations.

Modification to Terms of Use

Music & Arts may modify these Terms of Use at any time. When we make changes to these Terms of Use, we will change the “Last Revised” date above. If a material change is made to these Terms of Use, we will post notice of that change on the first page of these Terms of Use. By using the Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Music & Arts and its affiliated companies against all claims, costs, proceedings, demands, expenses, damages, losses and liabilities of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms of Use by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at alllegal@guitarcenter.com of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Arbitration Agreement & Waiver of Certain Rights

You and Music & Arts agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Music & Arts or you and a third-party agent of Music & Arts (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim to Music & Arts, 5795 Lindero Canyon Road, Westlake Village, California, 91362, USA, Attention: Legal Department. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.
Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms of Use will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Music & Arts will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Music & Arts from seeking action by federal, state, or local government agencies. You and Music & Arts also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Music & Arts retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor Music & Arts may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Music & Arts’s individual Claims.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration, you and Music & Arts each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
This Arbitration Agreement Section of the Terms will survive the termination of your relationship with Music & Arts.

Either party may appeal an arbitration award pursuant to Rule 58 of the AAA Consumer Arbitration Rules by filing a notice of appeal with the AAA within thirty (30) days of the award. Any such appellate arbitration shall be administered by the AAA in accordance with the AAA Consumer Arbitration Rules, the Consumer Due Process Protocol, and the AAA Consumer Arbitration Fee Schedule, all as then in effect. There shall be a court reporter (or other mutually agreed upon recording method) at any hearing on appeal. The appellate panel may affirm, reverse, or modify the underlying award based on (i) errors of law that are material and prejudicial, and (ii) determinations of fact that are clearly erroneous. The decision on appeal shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. If an appeal pursuant to Rule 58 is taken, the appealed-from arbitration award or order will be deemed non-final, and the time to vacate or confirm in state court will run from a final award after all AAA appeals and rights to appeal have been exhausted.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MUSIC & ARTS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements

If twenty-five (25) or more similar claims are asserted against Music & Arts at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such Claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Music & Arts. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Music & Arts will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Music & Arts. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Music & Arts will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Music & Arts. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Governing Law

Except as otherwise described in these Terms of Use, these Terms shall 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, without giving effect to any conflict of laws rules or provisions.

To the extent any action relating to the Site or any transaction with Music & Arts is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, such action must be brought in the federal and state courts located within California, and you consent to the exclusive and personal jurisdiction of such courts.

Headings

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

Contact Us

If you have any questions, you may contact Music & Arts at:
Music & Arts
5795 Lindero Canyon Road
Westlake Village, CA 91362
855-770-3373

Our Site may be covered by U.S. Patent No. 5,930,474

Nothing in this Agreement prohibits or otherwise limits you from posting either a negative or positive review.