TERMS OF USE

Welcome to Fender Connect (“Website”) hosted by Fender Musical Instruments Corporation and all of its affiliates and subsidiaries (“Company” or “Fender”). Fender Connect is intended to provide you with a single-on access to all Fender digital properties, including www.Fender.com. Your access to and use of Fender Connect is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using Fender Connect, so that you fully understand your rights and responsibilities.  By accessing or using Fender Connect, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use Fender Connect, and instead contact Company in writing or via telephone listed below for further information.

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

Privacy Policy

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

Intellectual Property Rights

© 2016 Copyright Fender Musical Instruments Corporation. All rights reserved.

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

FENDER®, STRATOCASTER®, STRAT®, TELECASTER®, TELE®, P BASS®, PRECISION BASS®, and the distinctive headstock designs of these guitars are registered trademarks of Fender.

BANDMASTER, BASSMAN, BULLET, CHAMP, DELUXE REVERB, DURA-TONE, ESQUIRE, Stylized F (in Thick & Thin Script), FENDER (standard and in Stylized Thick & Thin Script), FRONTMAN, the two dimensional guitar headstock profiles commonly found on FENDER TELECASTER, STRATOCASTER, PRECISION BASS and JAZZ BASS electric guitars, J BASS, JAG-STANG, JAGUAR, JAZZ BASS, JAZZMASTER, MUSTANG, NOCASTER, P BASS, PASSPORT, PRECISION BASS, PRINCETON, RELIC, ROAD WORN, SFX, SHOWMAN, SHOWMASTER, SQUIER, STARCASTER, STRAT, STRATOCASTER, SUNN, SUPER BULLETS, SUPER REVERB, TELE, TELECASTER, THE SPIRIT OF ROCK-N-ROLL, TONE MASTER, TWIN REVERB, VIBRO CHAMP, VIBRO-KING, and VIBROLUX are the trademarks of Fender that may appear on Fender Connect and that are registered in one or several categories of goods with the United States Patent & Trademark Office. Some of the aforementioned trademarks may be registered in one or several categories of goods in certain other countries. This is not a comprehensive list of all trademarks of Fender and specifically does not include any common law trademarks of Fender. All other names and marks mentioned on Fender Connect are the trade names, trademarks or service marks of their respective owners.

 

NOTICE REGARDING USE OF HISTORIC PATENT NUMBERS/MARKINGS: Fender is proud to offer some of the most iconic musical instruments and amplifiers of the past 60 years. Some Fender products are intentional recreations or reissues of vintage guitars and amplifiers, and may therefore incorporate markings or text associated with original patents that have since expired. Specific examples of such models include patent numbers on the tremolo plates and decals of the JAGUAR® and JAZZMASTER® guitars, "Pat Pending" on some vintage TELECASTER® guitar bridge plates, and "Design and Circuits Patented" language on the control panels of certain model amplifiers in Fender Vintage Modified, Vintage Reissue and Custom lines. Such markings are included only for the sake of historical accuracy, and are not intended to denote or imply live patents or ongoing patent protection.

 

Should any user of Fender Connect send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of Fender Connect, such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. If you desire confidential treatment of any ideas, concepts, know-how or techniques please write Fender Musical Instruments Corporation at 17600 N. Perimeter Drive, Suite 100 Scottsdale, AZ 85255 Attention: Legal Department. 

Use of Fender Connect 

Fender Connect may be accessed by users internationally and may contain references or cross references to Fender programs and services that are not available in your country. Such references do not imply that Fender intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Fender reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party.

Access to Fender Connect may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of Fender Connect constitutes consent to such monitoring. Fender Connect may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Fender cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Third-Party Websites

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

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

Your Account

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

 

No Warranty

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

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

 

No Liability

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

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

Miscellaneous

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

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

Entire Agreement

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

 

Electronic Communications

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

If you have any questions or concerns regarding these Terms of Use, please contact us at:

Fender Musical Instruments Corporation
Attn: Legal
17600 N. Perimeter Drive, Suite 100
Scottsdale, AZ 85255