KORĒNA Mobile App Terms of Service

Last Updated: October 20, 2026

THESE TERMS OF SERVICE 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 Service, the terms “KORĒNA,” “we,” “our,” and “us” refer to KORĒNA, a division of Guitar Center Stores, Inc. These Terms of Service govern your access to, and use of all or any part of, the KORĒNA mobile application for iPhone and Android devices, including its store, tuner, metronome, chord and scale references, note and chord listener, practice and gig tools, Gear Locker, Gear Doctor, QR Studio, and any related features and services made available through it (the “App”). The KORĒNA website located at www.korena.com has its own Terms of Use, and these Terms of Service do not govern it.

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

THESE TERMS OF SERVICE INCORPORATE THE FOLLOWING OTHER KORĒNA POLICIES:

THE KORĒNA MOBILE APP PRIVACY POLICY;
THE KORĒNA PURCHASE TERMS, WHICH APPLY IF YOU MAKE A PURCHASE FROM KORĒNA.

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

What the App Does, and What It Does Not

The App includes a store, a tuner, a metronome, chord and scale references, a listener that identifies notes and chords through your device’s microphone, practice and gig tools, and the Gear Locker. Several of these features use artificial intelligence. AI features produce estimates and suggestions; they are not professional advice, and they are sometimes wrong. Some features require a network connection and will not work without one.

License and Use of Content

Subject to these Terms of Service, KORĒNA grants you a limited, personal, revocable, non-transferable, non-exclusive, royalty-free license (the “License”) to download, install and use the App on a mobile device that you own or control, and to view the content and materials (including User Content, as defined below) contained in the App (the “Contents”). The App, its design, code, text and images, and the KORĒNA name and logo belong to us or our licensors. You are not granted any right to use KORĒNA trademarks, logos, trade dress (including without limitation the layout of the App) or other intellectual property, and all such items shall remain our exclusive property.

You may only use the App 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 social media features which allow you to share information or content about or from the App on social media or otherwise allow you to connect the App 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

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

Submissions

All remarks, suggestions, ideas, graphics, data, resumes, questions or other information that you communicate to KORĒNA through the App, by facsimile, through the mail (electronic or otherwise), or through any other means (a “Submission”), will forever be the property of KORĒNA, excluding User Content, as defined below. Unless otherwise specified in our Privacy Policy, KORĒNA 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 KORĒNA products, services or operations. Without limitation, KORĒNA 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 KORĒNA, 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, KORĒNA does not warrant the accuracy or completeness of the information provided in the App or in electronic or written materials and is not responsible for pricing, typographical or other errors. Prices and availability come from live inventory and change without notice, and descriptions, images, specifications, finishes and stock counts come in part from manufacturers and suppliers and may be incomplete or wrong. KORĒNA may make changes to the information contained herein, including to the products and prices described in the App, at any time, without prior notice to you (including after you have submitted an order). Information in the App is periodically updated, but it may not be current or complete at the moment you use the App and may contain errors or inaccuracies. In no event shall KORĒNA 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 in the App. See our Purchase Terms for more information about pricing and purchases.

The Gear Locker, Insurance and Valuations

The Gear Locker helps you keep a personal record of instruments you own, including photographs, serial numbers, receipts and other documents, and an estimated value.
Value estimates are not appraisals. Any figure the App produces is an automated market guide generated from photographs and the information you provide. It is not prepared by a qualified appraiser, it is not a valuation for insurance, tax, lending, probate or resale purposes, and it must not be presented as one.
We do not provide insurance. KORĒNA does not determine, provide, arrange, underwrite or broker insurance, and is not an insurer, an insurance producer, or your agent. Nothing in the App creates or changes coverage, schedules an item on a policy, or notifies any carrier of anything. Where the App reads photographs of a policy, it is summarizing a document you supplied and may misread it or miss terms; only your carrier can tell you what you are covered for.
Readiness indicators are not assurances. Where the App indicates that documentation looks “strong,” “reasonable,” “thin,” complete or sufficient, it is describing what you have gathered against a general checklist, not stating that a claim will succeed or that you are adequately insured. You are solely responsible for obtaining and maintaining adequate insurance and for confirming limits, exclusions, deductibles and scheduling with your carrier.
Records are not legal proof, and are stored on your device. A Gear Locker record, including any exported report, is an owner-supplied inventory, not proof of title or ownership, a police report, or a legal document. Gear Locker photographs and records are kept on your device, not on our servers; if you lose, replace, reset or uninstall the App on that device, they are gone. Keep your own copies of anything you may need after a loss.

Artificial Intelligence Output and Recommendations

The App suggests gear, answers questions, reads photographs and produces written summaries using artificial intelligence. That output is generated automatically and is sometimes wrong, incomplete or out of date, and it is not professional, technical, financial or legal advice. Confirm specifications, compatibility, sizing, wattage, tuning, fit and current price with the manufacturer or a qualified person before you buy or act.

Safety

Gear Doctor reads photographs and descriptions and offers a possible explanation; it is not an inspection or a qualified technician. Never open, disassemble or attempt to repair an amplifier, powered speaker, or any mains-powered equipment, which can store lethal voltage long after being unplugged. Electrical faults, burning smells, mains leads, valves, internal repairs and structural damage should always be referred to a qualified technician. The tuner, metronome, chord tools and scale tools produce tones and clicks that may be loud, particularly through headphones or in-ear monitors; you control the volume, and prolonged or loud exposure may permanently damage hearing. Practice tools do not assess your physical condition; if playing causes pain, stop and consult a doctor or teacher.

Tool-Specific Terms

Tuner and note listener. The App reads pitch through the microphone and is not a calibrated reference instrument; accuracy depends on your microphone, the room, background noise and the instrument. Do not rely on it for intonation setup, fretwork, professional recording, instrument manufacture or repair.
Metronome, practice timer, chord library, scales and modes. Timing depends on your device and can drift. Streaks and history are a record of what the App observed, not a certified record of practice or a qualification. Theory content is general reference, may contain errors, and is no substitute for a teacher.
Dictation and transcription. Spoken audio is sent to be transcribed and comes back as text that is frequently imperfect. Check anything that matters before relying on it.
QR Studio. You are responsible for whatever a code you create points to, for having the right to publish it, and for anything printed or displayed. We do not review destinations and are not responsible for content at the other end.
Reminders, checklists and notifications. These are conveniences, not guarantees. A notification may be delayed or never arrive because of your operating system, battery settings, permissions, network conditions or other circumstances.

Device Permissions, Microphone and Camera

Tuning, the chord listener and dictation use your device’s microphone while you have them open. Audio is processed to recognize pitch or words; dictated audio is sent for transcription and is not retained by us afterwards. The Gear Locker and Gear Doctor send photographs you choose to a third-party artificial intelligence provider to be read. Do not photograph anything you are not willing to share with a third-party. You may refuse or revoke device permissions in your device settings, in which case the features that need them will not work. How we handle this information is described in the KORĒNA Mobile App Privacy Policy.

Messages, Email and Push Notifications

If you sign in with a phone number, we will send you a verification code by text message. Message and data rates may apply, message frequency varies, and consent to receive a verification code is not a condition of any purchase. You must reply STOP to stop and HELP for help. We also send messages your orders require, such as confirmations and delivery updates, which are part of the service and are not marketing. You may unsubscribe from marketing emails and text messages at any time. Push notifications are controlled in your device settings and can be turned off entirely.

Test Builds and Pre-Release Features

Builds distributed through TestFlight or any beta channel, and features marked as preview, beta or early access, are provided for evaluation. They are unfinished, may behave unpredictably, may lose data, and may be withdrawn without notice. Do not rely on them, and keep your own copies of anything you put into them.

Third-Party Services

The App relies on services we do not control, including payment processing, identity and sign-in, artificial intelligence providers, hosting, analytics, delivery carriers and the app stores. Their terms and privacy practices govern what they do.

Account Suspension

You may stop using the App and close your Account at any time. We may suspend or close an Account, or withdraw access to any feature at any time. Closing an Account does not by itself delete records held on your own device and does not cancel orders already placed.

Registration and Account Creation

The App may allow you to register and create an account (including via Google sign-in or a phone number verification code) (“Account”) , and an Account is required to place orders and use certain features. Accounts are for individual people, not for resale or automated access. 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 App

Sections of the App may enable you to submit, provide, transmit, exchange, communicate and display (a “Post” or “Posting”) content, messages, photos or profiles, including a gear story or a public directory listing (except for Submissions, “User Content”). Publishing is your decision and is not private. KORĒNA will not own or retain any rights to the User Content you post in the App, other than those limited technical permissions required in order to display, store and serve the User Content. Photographs, notes, recordings and records that you add to the App but do not publish also remain yours; you grant us only the limited license needed to operate the features you use, for example, to transmit a photograph to be read or a recording to be transcribed.

You understand and agree that KORĒNA 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 Service, 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 KORĒNA.
You are solely responsible for the User Content that you Post.
By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to KORĒNA 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 the App in connection with your Post(s). You also represent and warrant that you have all permissions and licenses necessary to grant such rights to KORĒNA, 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 App. However, KORĒNA may retain copies of such User Content for non-public, non-commercial archival use.
KORĒNA 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;
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, coarse 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.
You must use the App in a manner consistent with any and all applicable laws and regulations.

Further, you may not:

engage in advertising to, or solicitation of, other users of the App 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 App 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 part of the App;
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 App or Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the App or Services; or
upload or photograph another person’s personal documents without their permission;
advocate, encourage, or assist any third party in doing any of the foregoing.

Disclaimer of Warranties and Limitations on Our Liability

YOU USE THE APP AT YOUR OWN RISK AND THE APP 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 KORĒNA PURCHASE TERMS, KORĒNA 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 App 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, KORĒNA 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 App. We are not responsible for the conduct, whether online or offline, of any users of the App.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KORĒNA NOR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, NOR ANY OF OUR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR YOUR USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KORĒNA 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 KORĒNA 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 Service with you in reliance upon the limitations of liability set forth in these Terms of Service, which allocate risk between us and form the basis of a bargain between the parties.

Copyright

The App and the Content are copyrighted works of Guitar Center, Inc. and/or its suppliers or users. Neither the App 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 in the App 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 in the App; 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. KORĒNA’s Designated Copyright Agent for notice of claims of copyright infringement can be reached by email at support@korena.com or by at Guitar Center Stores, Inc. attention: 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

The KORĒNA name and logo belong to us. All trademarks are owned by their respective owners or are used under license. Manufacturer names, model names and logos are used to identify products, and their presence does not mean the manufacturer endorses, sponsors or is affiliated with us or the App.

For further information on intellectual property matters contact KORĒNA, a division of Guitar Center, Inc., Attn: Legal Counsel, at 5795 Lindero Canyon Road, Westlake Village, CA 91362. For questions or technical problems regarding the App, please contact us at support@korena.com.

Modification to Terms of Service

KORĒNA may modify these Terms of Service at any time. When we make changes to these Terms of Service, we will change the “Last Revised” date above. If a material change is made to these Terms of Service, we will tell you in the App before the change takes effect. By continuing to use the App after a change takes effect, you agree to be bound by the revised Terms of Service. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms presented within particular features of the App.

Severability

If any provision of these Terms of Service 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 defend, indemnify and hold harmless KORĒNA, Guitar Center, Inc., and their parents, affiliated companies, officers, employees and suppliers against all claims, costs, proceedings, demands, expenses (including reasonable legal fees), damages, losses and liabilities of any kind or nature, arising from or relating to any content you submit, your use of the App, any actual or alleged breach of these Terms of Service by you or anyone using your Account, or your violation of any law or the rights of any third party. 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 support@korena.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 KORĒNA agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and KORĒNA or you and a third-party agent of KORĒNA (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 Service. 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 KORĒNA, a division of Guitar Center Stores, Inc. 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 Service 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, KORĒNA 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 KORĒNA from seeking action by federal, state, or local government agencies. You and KORĒNA 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 KORĒNA 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 Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.

Neither you nor KORĒNA 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 KORĒNA’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 KORĒNA 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 Service. 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 KORĒNA.

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 KORĒNA 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 KORĒNA 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 KORĒNA. 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 KORĒNA 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 KORĒNA. (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 KORĒNA 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 KORĒNA. 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 Service, 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 App or any transaction with KORĒNA is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, such action must be brought exclusively in the federal and state courts located in Los Angeles County, California, and you consent to the exclusive and personal jurisdiction of such courts.

App Store Terms

The App is distributed through Apple and Google, which are not parties to these Terms of Service; these Terms of Service are between you and us alone.

Headings

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

Contact Us

If you have any questions, you may contact KORĒNA at:

KORĒNA, a division of Guitar Center Stores, Inc.
5795 Lindero Canyon Road
Westlake Village, CA 91362

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

support@korena.com

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

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