Mobile Terms and Conditions

Last Revised: January 13. 2025

Mobile Terms and Conditions

PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS AND CONDITIONS ARE A BINDING LEGAL CONTRACT AND REQUIRE YOU (AMONG OTHER THINGS) TO ARBITRATE ANY DISPUTES YOU HAVE WITH US OR OUR AGENTS AND REPRESENTATIVES (INCLUDING ANY THIRD PARTY BENEFICIARY OF THESE TERMS) ON AN INDIVIDUAL BASIS ONLY. THIS MEANS THAT YOU WAIVE THE ABILITY TO BRING CLAIMS IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

PROGRAM: Guitar Center Alerts
FREQUENCY OF ALERTS: Frequency varies.
PRICING: Standard rated, non-premium service. Msg&Data rates may apply.
CONTACT: Guitar Center at 866-498-7882 or service@guitarcenter.com
COMMANDS: Text: "HELP" to get help. Text: "STOP" to cancel.

Terms and Conditions & Privacy Policy

To participate in Guitar Center’s mobile communications program ("Program"), you agree to abide by the following terms and conditions ("Terms" or "Agreement"). These Terms cover any communications sent by or on behalf of Guitar Center (including by any third parties) to you or the phone number provided when joining the Program, or any communications that you send to Guitar Center or its agents or representative. These Terms may be updated, revised or modified by Guitar Center, in its sole discretion, at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF NEW, OTHER OR REVISED TERMS BY POSTING THEM ONLINE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW OR MODIFIED TERMS.

USER OPT-IN:
Users may join or opt into Guitar Center Alerts to receive SMS or MMS mobile text messaging alerts or other forms of telephonic communications from or on behalf of Guitar Center by, among other methods, texting the keyword "JOIN" to opt-in, or by completing an opt-in form on one of Guitar Center’s or on third party websites. By joining Guitar Center’s mobile communications Program, you agree to receive automated marketing or informational text messages or phone calls from or on behalf of Guitar Center at the phone number used to join. Consent to the Program is not required to purchase any goods or services. These may include cart abandon messages. By joining and participating in the program, you also agree to abide by the "dispute resolution" provisions of these Terms (including the arbitration requirement), as provided below.

By subscribing to the Program, you confirm that you are over the age of majority in your state of residence. You verify that any contact information provided to us, including, but not limited to, your name, mailing address, email address, telephone number(s), and/or mobile number(s), is true and accurate. You represent and warrant that you are the current subscriber and/or primary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false, inaccurate, or in violation of the above representations and warranties, we may suspend or terminate your participation in the Program at any time. Should any of your contact information change, including ownership of your mobile number(s), you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us. Guitar Center reserves the right to suspend or terminate your participation in the Program or to end the Program generally, at any time for any reason, and without further notice.

USER OPT-OUT:
To Opt-Out (discontinue service) of text messages, text "STOP" to any text message you recieve from your mobile device. You will not receive any additional messages. You may also Opt-out of text messages by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive. Otherwise, please call 866-498-7882.

HELP:
To get help, text "HELP" to or email service@guitarcenter.com or call 866-498-7882

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).

LIMITATION OF LIABILITY:
Guitar Center will not be liable for any delays in the receipt of any SMS or MMS messages or other forms of communications connected with this Program. Delivery of SMS or MMS messages or calls is subject to effective transmission from your wireless service provider/network operator. UNDER NO CIRCUMSTANCES SHALL GUITAR CENTER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GUITAR CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR PARTICIPATION IN THE PROGRAM, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PROGRAM, FROM INABILITY TO USE THE PROGRAM, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PROGRAM, OR THE PROGRAM GENERALLY. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROGRAM OR ANY LINKS TO WEBSITES SENT TO YOU VIA THE PROGRAM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROGRAM OR ANY LINKS TO WEBSITES SENT TO YOU VIA THE PROGRAM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Guitar Center does not warrant the Program in any way (including your participating therein), and there are no warranties expressed or implied by these Terms.

PRIVACY POLICY:
Guitar Center 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.

CHANGE IN MOBILE NUMBER OWNERSHIP:
If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify us by replying STOP to any text message you receive from us or by calling 866-498-7882. You agree to indemnify, defend and hold Guitar Center and its agents, representatives, and employees harmless for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act ("TCPA") or state law equivalents, relating to your provision of a mobile number that is not owned by you and/or your failure to notify us of any changes in mobile ownership. You further agree to indemnify, defend and hold Guitar Center and its agents, representatives, and employees harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) relating to any change in ownership of your mobile number, to the extent you fail to notify us of the change. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims. You must notify us immediately of any breach of security or unauthorized use of your mobile device. Although Guitar Center will not be liable for losses caused by any unauthorized use of your mobile phone, you may be liable for the losses of Guitar Center or others due to such unauthorized use. If you get a new mobile number, you will need to sign up your new number for the program.

DISPUTE RESOLUTION (BINDING INDIVIDUAL ARBITRATION):
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 communications within the scope of the Program, arising out of or relating to any federal or state statutory claims (including but not limited to claims under the federal Telephone Consumer Protection Act or any state equivalent statutes), common law claims, these Terms or performance thereunder, Our Privacy Policy, any communications received by you or from you, any products or services purchased or advertised through the Program, or the breach, termination, enforcement, interpretation or validity these Terms, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration occurring in California before one arbitrator. The arbitration will be administered by JAMS and conducted under JAMS rules. 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 (except where state law does not apply, in the event of a claim under federal law, such as claims under the Telephone Consumer Protection Act), exclusive of its conflict or choice of law rules. The arbitrator will have sole authority to determine any and all arbitrability issues. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, including moving to compel an arbitration under these Terms. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested ("Arbitration Demand").

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 these Terms or any of the transactions contemplated hereby. FOR THE AVOIDANCE OF DOUBT, THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US OR OUR AGENTS AND REPRESENTATIVES (INCLUDING ANY THIRD PARTY BENEFICIARY OF THESE TERMS) ON AN INDIVIDUAL BASIS ONLY. THIS MEANS THAT YOU WAIVE THE ABILITY TO BRING CLAIMS IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

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 under, 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 parties, witnesses and arbitrators, and will not be disclosed to any third person(other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

If Guitar Center must move a court to compel arbitration under these Terms and prevails, you agree to pay Guitar Center’s reasonable attorneys’ fees and costs it expended in doing so.

These dispute resolution provisions survive and may be enforced even after you opt-out of the Program.

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, severed, 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 reserve 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. The Terms constitute the entire agreement between you and us and govern your use of the Program, superseding any prior agreements between you and us. These Terms and your relationship with us shall be governed by the laws of the State of California, without regard to its conflict of law provisions.