Yamaha Guitar Group, Inc.


Yamaha         Line 6           Ampeg


 

Yamaha Guitar Group, Inc.
Hardware and Software
Terms of Sale

  1. About These Terms of Sale
    1. These terms of sale (the “Terms”) apply to all Line 6 and Ampeg (individually and collectively, “Yamaha Guitar Group” or “YGG”) products and consumer licenses of software purchased from Yamaha Guitar Group’s webshops located at https://shop.line6.com and https://ampeg.com and from Line 6’s Direct storefronts on Amazon (https://amazon.com/stores/Line-6/node/2595524011), eBay (https://ebay.com/str/line6direct), and Reverb (https://reverb.com/shop/line-6-direct) (collectively, the “Webshop”, as further defined below). Please read them carefully as they contain important information about your rights and obligations as well as limitations and exclusions that apply to you.
    2. These Terms, together with the Privacy Policy (https://yamahaguitargroup.com/privacypolicy/) and Website Terms of Use (https://yamahaguitargroup.com/termsofuse/), tell you information about the legal terms and conditions under which Yamaha Guitar Group makes Software available for license to end-users from the Webshop. Your use of the Webshop is governed by these policies.
    3. If you have licensed Software from a third-party retailer or reseller, these Terms do not apply to you and you should refer to the terms and conditions of sale of the relevant retailer or reseller.
    4. You must be 18 years of age or older to license Software from this Webshop.
    5. You agree that these Terms apply to your license of the Software. If you refuse to accept these Terms, do not order Software from the Webshop. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.
  2. Definitions
    1. Ampeg” is a brand of products sold under the trade name “Ampeg” and owned by Yamaha Guitar Group, Inc. (“YGG”), a California corporation located at 26580 Agoura Road, Calabasas, California 91302.
    2. “Final Sale Item” is an item of Hardware that YGG advertises, markets, promotes, or identifies, as YGG or as Ampeg or Line 6, as a “final sale item” or in equivalent terms; such items are previously unsold, but constitute old or older stock. These products are sold “as-is” with no warranty and are not eligible for return or refund.
    3. "Hardware" means a physical Product (including boxed software) that is delivered to you by Yamaha Guitar Group or our fulfillment partners to your physical shipping address.
    4. iLok License Order” means the license and delivery of one or more Software products in a single transaction delivered by internet download that requires the deposit of an iLok License into an iLok hardware device to authenticate the software.
    5. License Manager” refers to a free software utility provided by Yamaha Guitar Group that enables the delivery and functionality of your Yamaha Guitar Group License Order.
    6. "Limited Warranty" means the manufacturers limited warranty accompanying most Hardware.
    7. Line 6” ” is a brand of products sold under the trade name “Line 6” and owned by Yamaha Guitar Group, Inc. (“YGG”), a California corporation located at 26580 Agoura Road, Calabasas, California 91302.
    8. Products” means products that are purchased from the Webshop which is not Software.
    9. Receipt” means the email confirmation sent to you confirming our acceptance of your order and dispatch of the Software.
    10. Refurbished Product” means an item that YGG, Ampeg, or Line 6 has previously sold, has received from a purchaser after sale, has professionally restored to working order by Line 6 Yamaha Guitar Group or a Line 6 Yamaha Guitar Group-approved vendor, and identifies, labels, or designates as “Certified Refurbished” or with equivalent terms. Any such item has been inspected, tested, and cleaned, and may have been repaired, to meet Line 6 Yamaha Guitar Group specifications. An item may contain minor cosmetic blemishes. An item may or may not be in the original packaging. An item will include any accessories that would be necessary for the operation of the product. An item may be missing certain non-essential contents, such as printed manuals or registration cards; printed items can be downloaded at no cost from the Line 6 website.
    11. "Software" means a downloadable software-only product that is licensed to you subject to the applicable end-user license agreement, delivered to your computer via the internet, and described in your order confirmation and receipt (each delivered by email to the email address provided by you to Yamaha Guitar Group).
    12. Webshop” means either of the online stores operated or controlled by Yamaha Guitar Group located at the URLs: shop.Line6.com and shop.Ampeg.com and other websites which sell Yamaha Guitar Group products or software.
    13. Website” means the collective websites operated by Yamaha Guitar Group, Inc. located at the URLs Line6.com, Ampeg.com, and YamahGuitarGroup.com.
    14. Yamaha Guitar Group, Inc.” or “YGG” refers to the corporation located at 26580 Agoura Road, Calabasas, California 91302 which is a wholly owned subsidiary of Yamaha Corporation and which manufactures and distributes the brands of products sold under the trade names “Line 6” and “Ampeg.”
    15. Yamaha Guitar Group License Order” means the license and delivery of one or more Software products in a single transaction delivered by internet download to your computer that requires activation using the Yamaha Guitar Group License Manager.
  3. Order Process
    1. Hardware. Upon placing an order for Hardware, you will receive (1) an onscreen confirmation, which we suggest you print for your records, and (2) an e-mail confirmation from Yamaha Guitar Group acknowledging the order. Upon shipment of the order, you will receive a Purchase Receipt via e-mail that will include your order number, ship date, ship-to address and tracking number.
    2. Software. Upon placing an order for Software (whether a Yamaha Guitar Group License Order or an iLok License Order), you will receive (1) an onscreen confirmation, which we suggest you print for your records, and (2) a Receipt via e-mail acknowledging the order and providing activation instructions.
    3. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Yamaha Guitar Group shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Yamaha Guitar Group, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
    4. YGG reserves the right without prior notice to discontinue products, models, parts and accessories, and other items or change specifications at any time without notice or liability to any third party.
  4. Website Information on Products
    1. Product Descriptions
      1. Information on Products and relevant prices are available on the Website. Yamaha Guitar Group reserves the right to change the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.
      2. The Hardware and Software available on the Website are a selection of items normally available in stores; however, YGG does not provide any warranty regarding the availability of Products displayed on the Website. The photographs and images of products included on the Website and Services (as defined in the Website Terms of Use) have been portrayed as accurately as possible; however, the settings and specifications of your viewing device or display could affect the accuracy of the colors of products portrayed. The information included on the Website should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. To the fullest extent permissible by applicable law, the user assumes all risk for any reliance upon the accuracy of any information portrayed on the Website.
    2. Prices
      1. Prices offered on the Webshop are in U.S. dollars. Foreign currency may be displayed for informational purposes only. The price paid as reflected on your Receipt is in U.S. dollars.
      2. Prices do not include sales tax, if applicable, which will be added to your total invoice price and provided to you both before you place your order and in your order confirmation. You are responsible for any federal, state and local taxes that may apply to your order.
      3. Prices do not include shipping and handling, expedited service, or sales tax if applicable, which will be added to your total invoice price and provided to you both before you place your order and in your order confirmation. You are responsible for any shipping and handling charges and state and local sales and use taxes that may apply to your order.
      4. Prices and configurations advertised on the Webshop are subject to change without notice or obligation prior to acceptance of your order. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. YGG reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
      5. The final, total price, including any applicable taxes, will be stated on your Receipt.
      6. If you order a product, payment must be received by YGG prior to YGG’s acceptance of the order. YGG may require additional information regarding your order if you have not provided all of the information required and may cancel or limit an order any time after it has been placed. Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value. YGG does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If YGG discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products using fake or stolen cards, YGG will also report you to federal, state and/or local enforcements authorities.
  5. Delivery
    1. Hardware
      1. YGG will deliver all Hardware Products to the delivery address stated on your order. Delivery will be completed when the Hardware is transferred to the carrier (UPS, Federal Express, DHL, etc.) for shipment to the address you provided to us. The Hardware will be your responsibility from the completion of delivery by the carrier and you will own the Hardware once we have received payment in full, including all applicable delivery charges.

      2. The cost of shipping and handling will be shown on your Purchase Receipt. YGG will inform you of estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of god.

      3. You must examine the Hardware upon receipt. If any item is damaged or missing, you must notify YGG within ten (10) days from the date of delivery.

      4. YGG will not deliver Hardware outside of the United States.

      5. Customers receiving an accommodations discount do not qualify for free shipping.
    2. Software
      1. Licenses and delivery of Software can be completed using the Yamaha Guitar Group License Order or iLok License Order.

      2. Yamaha Guitar Group License Orders are delivered by internet download to your computer and require activation of the Software using only Yamaha Guitar Group’s License Manager utility tool. You will receive one (1) license per order that can be managed in your Yamaha Guitar Group user account’s “Purchase History” page.

      3. iLok License Orders are delivered by internet download into an iLok hardware device via your computer. To facilitate delivery, the iLok License is delivered to your Yamaha Guitar Group user account. From your Yamaha Guitar Group user account you can download the iLok License into an iLok hardware device using your computer. You will receive one (1) iLok Deposit License per Software product purchased. You can activate and manage your iLok licenses on the iLok Deposits page (https://www.ilok.com/#!home).

  6. Payment
    1. You can pay for Software licenses using a debit card, credit card, or gift cards featuring the Visa, Master Card or American Express logos. You can also pay for Products using PayPal. For help setting up or accessing your PayPal account, contact PayPal. Checks are not accepted.
    2. We will not charge your card or account until the Hardware Product is available for shipment or Software is available for download.
  7. Return Policy
    1. Hardware.
      1. You may return most new, boxed and unopened Hardware Products within fifteen (15) days of your purchase thereof, except electronic parts that have been installed and opened software.
      2. You are responsible for Shipping and Handling charges for any return. Yamaha Guitar Group will not pay or refund any such charges.
      3. You are responsible for the Products until they are received by Yamaha Guitar Group.
      4. A restocking fee of up to fifteen percent (15%) may be deducted from the total credit back to the customer based upon the wear, damage, and absence of packaging and accessories once received.
      5. All returned Products must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY.
      6. Yamaha Guitar Group will not accept the return of any products you purchased from a third party retailer or reseller.
      7. How to Return Hardware: To return a new unopened boxed Hardware Product please follow these steps:
        1. Call Yamaha Guitar Group Customer Support at 818-575-3600, option 2; OR Visit the Website; click on "Sign In", log in to your Yamaha Guitar Group Account; and click on "Open a Support Ticket".
        2. Upon creation of your Support Ticket, our customer support staff will contact you via email at the address you provided. Upon determining the reason for the return, faulty or not faulty, a return merchandise authorization (“RMA”) number and a courier return call tag will be created and emailed to you.
        3. You must return the Hardware within fifteen (15) days following the date you received your RMA number. Please note: You have a legal obligation to keep the Product(s) in your possession and to take reasonable care while they are in your possession.
        4. Upon receipt and inspection of the Hardware Product, Yamaha Guitar Group will refund your original purchase price and related sales taxes, excluding shipping and handling, to the PayPal account, credit, or debit card used to pay for the Product.
    2. Software.
      1. YGG can only accept the return of Software purchased from YGG’s official YGG/Line 6/Ampeg-branded Webshops. YGG cannot accept returns of Software purchased on third party websites or from third party retailers.
    3. Yamaha Guitar Group License Order.
      1. You may return Yamaha Guitar Group License Orders of Software at any time during the first fifteen (15) days following the date of your license for a full refund subject to the conditions set forth in this Section 7. After this fifteen (15) day period, returns will not be accepted and no refund will be paid.
      2. To return a Yamaha Guitar Group License Order please follow these steps:
        1. De-authorize all of your devices using the License Manager utility program.
        2. Log into your Yamaha Guitar Group User Account.
        3. Go to the ‘Purchase History’ page and click on the “Details” link. Find the order you want to return and make a note of the order number to be returned. Open a ticket at https://yamahaguitargroup.com/support/ and include the order number to be returned.
        4. Re-authorize all of your devices using the License Manager utility program once directed by YGG staff.
    4. Service Plus Extended Warranty. You may cancel a Service Plus Extended Warranty at any time and receive a refund of the pro-rated cost attributable to the then-remaining term of the warranty, computed beginning in the calendar month following the request for cancellation and continuing through the last month for which the warranty service was purchased.
  8. Limitation of Liability
    1. These Terms of Sale set out the full extent of our obligations and liabilities in respect of the supply of the Products and Software.
    2. There are no warranties, conditions or other terms that are binding on YGG except as expressly stated.
    3. The maximum aggregate liability of either party to the other on all claims of any kind under or related to this Agreement, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO YGG FOR THE PRODUCT OR SOFTWARE IN QUESTION. IN NO EVENT SHALL ALL RECOVERIES, WHETHER BASED ON A SINGLE CLAIM OR ON SEVERAL CLAIMS, EXCEED FIVE THOUSAND DOLLARS ($5,000).
    4. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING LOST BUSINESS PROFITS OR REVENUE, LOSS OF CONTRACTS, LOSS OF DATA, INTERRUPTION IN USE, UNAVAILABILITY OF DATA, OR THE COST OF THE PROCUREMENT OF SUBSTITUTE GOODS) OR FOR EXEMPLARY DAMAGES. The limitations shall not apply to (i) any claim by YGG against you for violation of intellectual property rights, or (ii) for payment of the amount due to YGG by you for Products and Software purchased under the Agreement. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE REMEDIES SET FORTH IN THIS AGREEMENT WILL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM AGAINST YGG UNDER OR RELATED TO THIS AGREEMENT. You waive and relinquish any right or claim that might arise out of YGG’s refusal to accept your order.
    5. Nothing in the Agreement shall limit or exclude YGG’s liability (i) for death or personal injury caused by YGG’s negligence, (ii) for fraud, (iii) for any breach of the obligations implied by applicable compulsory national laws, or (iv) any liability which cannot be excluded by law. If this Agreement is held to constitute a supply of goods or services to a “consumer” by a competent judge in Customer’s jurisdiction by application of mandatory principles of consumer law in that jurisdiction.
  9. Data Protection
    1. By placing an order, you agree and understand that YGG may store, process, and use data collected from your order for the purposes of processing the order. YGG shall protect your information in accordance with the Yamaha Guitar Group Privacy Policy.
  10. Export Control
    1. Customer shall comply with all laws, regulations, and orders of the United States, applicable to the export, re-export, transfer, or resale of products or the provision of services and related technical data.
  11. Limited Warranty; Disclaimer of Warranties
    1. All Software is sold ‘as is’ without warranty of any kind.
    2. Except for Final Sale Items, Helix® and HX® (excluding HX One) products are subject to the Service Plus Warranty Program. Except for Refurbished Products or Final Sale Items, Catalyst® and Powercab® products are subject to the Service Plus Warranty Program. The terms for the program can be found at https://shop.line6.com/services/helix-service-plus/. All other products, except for Refurbished Products or Final Sale Items, are subject to the regular warranty for the applicable Yamaha Guitar Group product stated at: https://yamahaguitargroup.com/warranty/#line6https://yamahaguitargroup.com/warranty/#ampeg, https://yamahaguitargroup.com/warranty/#cordoba, or https://yamahaguitargroup.com/warranty/#guild.
    3. YGG has no obligation to you with respect to providing any warranty on any Product for which we have not received full payment from you.
    4. Refurbished Products – 90-Day Limited Warranty. The exceptions are Helix/HX units (excluding HX One) sold at Yamaha Guitar Group's web shop located at https://shop.line6.com and from Line 6's Direct storefronts on Amazon, eBay, and Reverb.com, which are subject to a Limited 12-month Warranty. Refurbished Products are supplied subject to the terms and conditions of the Yamaha Guitar Group, Inc. Limited Refurbished (B-Stock) Warranty stated at https://yamahaguitargroup.com/warranty/#line6bstock unless applicable law requires different terms of warranty for refurbished products. No other warranty of YGG applies.
    5. Final Sale Items. Any item of Hardware that YGG advertises, markets, promotes, or identifies as a Final Sale Item is supplied as-is, without warranty of any kind and, except to the extent prohibited by applicable law, YGG hereby disclaims any other terms of warranty stated herein. All Final Sale Items are non-returnable and not subject to the Return Policy stated above. All sales of Final Sale Items are final and non-refundable.
    6. The Limited Warranty, if any, subject to any limitations for Refurbished Products or Final Sale Items, is the only warranty applicable to the Hardware. No oral or written information (including but not limited to the limited money back guarantee), or advice given by YGG, its agents, or employees shall create a warranty or in any way increase the scope of the Limited Warranty.
    7. The right to return defective Products, as described above, shall constitute YGG's sole liability and your exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Products, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise.
  12. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
    1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
    2. Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, YGG, and/or any involved third party relating to your account, Your Use (defined here), your relationship with YGG, or these Terms of Sale. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by YGG or any third party related to your use or attempted use of the products. You, YGG, or any involved third party may pursue a Claim. YGG agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against YGG. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
    3. Exceptions to Binding Arbitration. As an exception to binding arbitration, you and YGG both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. YGG will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution. Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against YGG, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to YAMAHA GUITAR GROUP, INC., ATTN: LEGAL DEPARTMENT, 26580 AGOURA ROAD, CALABASAS, CA 91302. You agree to negotiate with YGG in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after YGG’s receipt of your written dispute, you agree to the dispute resolution provisions below.
    4. Commencement of Arbitration. You and YGG agree to commence any arbitration proceeding within one (1) year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after one year shall be barred.
    5. Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and YGG agree.
    6. Sponsoring Organization, Rules, and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim(s). The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Sale and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or YGG.
    7. Arbitration Fees. YGG shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
    8. Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although YGG may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, YGG agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
    9. Enforceability. This provision survives termination of your account or relationship with YGG, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
    10. Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and YGG and shall not be modified except in a writing signed by an authorized representative of YGG.
    11. Amendments. YGG reserves the right to amend this arbitration provision at any time. Your continued use of any Yamaha Guitar Group Website, purchase of a Yamaha Guitar Group product, or use or attempted use of a Yamaha Guitar Group product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, YGG will provide you notice and an opportunity to opt-out. Your continued use of any Yamaha Guitar Group Website, purchase of a Yamaha Guitar Group product, or use or attempted use of a Yamaha Guitar Group product, is affirmation of your consent to such material changes.
    12. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A YAMAHA GUITAR GROUP PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO: YAMAHA GUITAR GROUP, INC., ATTN: LEGAL DEPARTMENT, 26580 AGOURA ROAD, CALABASAS, CA 91302. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY YAMAHA GUITAR GROUP PRODUCT YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE OF YAMAHA GUITAR GROUP PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
  13. Exclusive Venue for Other Controversies
    1. You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Supreme Court in Los Angeles County, California, or the United States Dists to the exclusive jurisdiction of such courts for any such controversy.
  14. Contact Us
    1. Purchase Inquires: If you have a question, please contact us via phone at 818-575-3600, option 2 for Customer Service, M-F 8am-12pm Pacific Time, or by submitting a support ticket at https://yamahaguitargroup.com/support/.
    2. Service/Support Inquires: If you have a service and support question, please create a support ticket here.

Last Updated December 5, 2022