THIS TERMS AND CONDITIONS OF USE WAS LAST UPDATED ON JULY 12, 2015
AGREEMENT BETWEEN USER AND PARTS BEAST LLC:
The PartsBeast.com Website (the “Site”), a service of Parts Beast LLC (“Parts Beast”), is composed of various Web pages operated by Parts Beast LLC (“Parts Beast”, “we”, or “us”). The PartsBeast.com Website is offered to you (a “User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site and/or Services (“Services”) constitutes your agreement, on behalf of yourself and your company, to be bound to all such terms, conditions, and notices as long as you continue to use the Site. If you sign up for the Parts Beast Services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
MODIFICATION OF THESE TERMS:
Parts Beast, in its sole discretion, reserves the right to change the terms, conditions, and notices under which the PartsBeast.com Website is offered, including but not limited to the charges/fees associated with the use of the Site and/or Services and such changes will be effective upon posting the amended Terms and Conditions to the PartsBeast.com Website. You understand and agree that your use of the Site after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions. You should revisit this page periodically to review the Terms and Conditions.
LINKS TO THIRD PARTY SITES:
The PartsBeast.com Website may contain links to other Websites ("Linked Sites") which are not under the control of Parts Beast and Parts Beast is not responsible for the contents, and makes no warranty as to the accuracy or reliability of the content on any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Parts Beast is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked site or any association with its operators.
LINKS TO THIS WEBSITE FROM THIRD PARTY SITES:
Parts Beast permits the use of authorized hyperlinks (“Links”) to the PartsBeast.com Website, but Parts Beast prohibits the practice of embedding content from the Site into frames, mirroring content, or the use of any meta tags or any other “hidden text” using Parts Beast's name or trademarks. You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without the express written permission of Parts Beast. If you link to the Site, you must follow Parts Beast's guidelines, and you do so at your own risk and the exclusions and limitations set out herein apply to your website by linking to the Site. You must remove any hyperlink to the Site upon Parts Beast's request. Parts Beast reserves the right to a) withdraw permission for and/or disable any unauthorized links or frames. Parts Beast has no responsibility or liability for any material on other Websites that may contain links to the PartsBeast.com Website. Linking to the PartsBeast.com Website shall not suggest that Parts Beast promotes or endorses any third party's causes, ideas, websites, products or services, or the use of Parts Beast content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the PartsBeast.com Website, you warrant to Parts Beast that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Users of this Site shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the PartsBeast.com Website Service including the listing, purchase, solicitation of offers to purchase, and sale of items.
USE OF COMMUNICATION SERVICES:
The PartsBeast.com Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree to communicate and conduct negotiations with other members in a respectful manner.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Parts Beast LLC has no obligation to monitor the Communication Services. However, Parts Beast reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Parts Beast reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Parts Beast reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Parts Beast's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Parts Beast does not control or endorse the content, messages or information found in any Communication Service and, therefore, Parts Beast specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Parts Beast spokespersons, and their views do not necessarily reflect those of Parts Beast.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. Visiting the PartsBeast.com Website or sending emails to Parts Beast constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that are provided electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Parts Beast, LLC shall not be responsible for any website outage or downtime of the site or system. You acknowledge that such outages can occur from time to time and for various reasons including but not limited to acts of god or other force majeure, viruses or other and internet based problems. No matter the reason for the outage, except the intentional misconduct of Parts Beast, LLC, Parts Beast, LLC shall not be responsible for any loss you suffer as a result of such outage. You expressly waive any claim for such loss.
MATERIALS PROVIDED TO PARTS BEAST LLC OR POSTED AT ANY PARTS BEAST WEBSITE
You (the “Seller” or “Parts Seller”) are solely responsible for the material, information, data, files, images and graphics (“Member Content” or “Submissions”) you post, upload, input, submit or store on the PartsBeast.com Website. You may only submit content to the Site or in connection with the Services that you have the right to submit. By posting, uploading, inputting, providing or submitting your Member Content you warrant, represent, and agree that you own or otherwise control all of the rights to your Member Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Member Content. Any Member Content that infringes the rights of any third party (e.g., content used without express permission of the copyright owner and not otherwise permitted by law) is prohibited and must not be submitted.
Parts Beast LLC assumes no liability or guarantee as to the content, legality, or quality of the Member Content posted by you. You agree and guarantee that all items listed for sale are your legal property, in the condition as stated and all information in the listing are correct and free of errors, to your knowledge.
Parts Beast does not claim any ownership right of any Member Content you provide to Parts Beast (including feedback and suggestions) or post, upload, input, submit or store through the Site or its associated Services. You retain all ownership rights to such Member Content. Member Content is the sole responsibility of the person or entity from which the content originated and you are solely responsible for the content you post, upload, email, transmit, or otherwise make available through the Site and/or Services.
However, by uploading, posting, inputting, providing, or submitting your Member Content to the PartsBeast.com Website, or its associated services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant Parts Beast LLC (its affiliated companies and necessary sublicensees) an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, worldwide license to use, copy, display, distribute, and create derivative works of such content on the Site and/or to incorporate it in other works in any form, media, or technology known now or later developed, all subject to the terms of any applicable license.
No compensation will be paid with respect to the use of your Member Content, as provided herein. Parts Beast is under no obligation to post or use any Member Content you may provide and may remove any Member Content at any time at Parts Beast's sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PARTSBEAST.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Parts Beast LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PARTSBEAST.COM WEBSITE AND CHANGES WILL BE EFFECTIVE UPON POSTING THE AMENDED TERMS TO THE PARTSBEAST.COM WEBSITE.
ADVICE RECEIVED VIA THE PARTSBEAST.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PARTS BEAST LLC
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PARTSBEAST.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Parts Beast LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: firstname.lastname@example.org
Parts Beast LLC reserves the right, in its sole discretion, to terminate your access to the PartsBeast.com Website and the related Services or accounts, or any portion thereof at any time, without notice.
ELIGIBILITY FOR USE OF WEBSITE:
PartsBeast.com Website and Services are available only to legal entities and individuals who can form legally binding contracts under applicable law. Individuals who are under the age of 18 may use the PartsBeast.com Website and Services only in conjunction with and under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
ACCESS TO PASSWORD PROTECTED SECURE AREAS:
Access to and use of password protected and/or secure areas of the PartsBeast.com Website is restricted to authorized users only. Unauthorized access to password protected areas is prohibited and may lead to criminal prosecution. You acknowledge that Parts Beast is not responsible for third party access to your account that results from theft or misappropriation of your account.
You acknowledge that you are responsible for keeping your account and password confidential and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, whether or not you authorized the use. You will immediately notify Parts Beast of any unauthorized use of your accounts. Parts Beast is not responsible for any changes to or loss of data due to stolen, hacked, or intercepted passwords. You may not sell, assign, or otherwise transfer your account to any other person or entity. You must keep your account information up-to-date and accurate at all times with a valid email address, mailing address, telephone number, and all other contact information.
YOUR ACCOUNT AND PASSWORD:
If you register an account on the PartsBeast.com Website, as a business entity, you guarantee that you personally have the authority to bind the business entity to the Service Agreement. Other users are permitted under your account. All users of the main business entity account are responsible for all activity that occurs under that account and must abide by all Parts Beast’s Terms and Conditions.
Users are required to Register to create an account on the PartsBeast.com Website before they can participate in the Site Subscriptions Services.
Parts Beast reserves the right to refuse or cancel your PartsBeast.com Website Services, terminate your subscription, or remove or edit your content at our sole discretion. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
If your account is closed, for any reason, you are obligated to pay Parts Beast for any and all unpaid fees plus any penalties, if applicable. No refunds of Subscription Fees will be given. Once your Subscription is terminated, we may permanently delete your account and all the data associated with it, including your emails from the Site.
Parts Beast reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts on the Site. Accounts may be permanently removed due to prolonged inactivity. Accounts that have not been logged into for 12 or more months may be treated as "inactive" and the account and associated data may be permanently deleted.
You may cancel your Subscription Service plan at any time by sending Parts Beast an email at: email@example.com. Upon receipt of your cancellation request, Parts Beast will promptly terminate your access to the PartsBeast.com Website Subscription Services.
The PartsBeast.com Website Services (the “Service“) include, but are not limited to, an auto parts Inventory Management system and Listing Subscription Service (“Subscription”). Users, or representatives of an entity, who Register on the Site and/or Subscribe to the Subscription Service (“Subscription Service” or “Subscription”) shall be referred to as a “Member”, according to this agreement. The payment for a Subscription does not grant exclusive rights to web pages on the PartsBeast.com Website. Parts Beast may, at its sole discretion and without consent from or payment to subscribers, display third-party advertisements (including Links and references thereto) and listings from other subscribers on any PartsBeast.com web page.
WEBSITE SUBSCRIPTION FEES AND PAYMENT TERMS:
Currently, there are no fees for Users to conduct searches on the PartsBeast.com Website. Subscription Services are provided to Members for a fee. Parts Beast LLC offers different Subscription Service Plans, and the fees and terms for these Services may vary (see Subscription Plan).
Subscription Fees are collected from Members who have Registered and signed up for a Subscription Plan with the PartsBeast.com Website. Parts Beast offers different Service terms and conditions, and the fees and terms for these Services may vary. The Subscription Fees, for the Site, are subject to change from time to time and such changes will be effective upon posting the amended Subscription Fees to the Site.
MEMBER SUBSCRIPTION PAYMENT:
When subscribing to the PartsBeast.com Website Subscription Service, you will be charged a Subscription Service Fee (“Subscription Fee” or “Service Fee”) dependent upon the Subscription Service Plan selected, on a monthly basis. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up and made your first monthly payment. Parts Beast requires prepayment in full, each month, on all accounts. If you do not pay the amount due by the payment due date each month, Parts Beast reserves the right to cancel your Subscription.
You agree to pay, and Parts Beast will automatically charge, all account Subscription Fees, including any applicable taxes, at the rates in effect when the fees are incurred. Parts Beast LLC reserves the right to change the fees in effect, or add new Subscription Fees, by providing advance notice to users. You are required to notify Parts Beast of any changes to your Subscription plan. All Parts Beast Subscription Fees are non-refundable except as expressly set forth below. If you change your Parts Beast Subscription Plan during the month, your Subscription Fee shall be pro-rated. All Subscription Fees are in US Dollars (USD). See available Subscription Plans posted on PartsBeast.com Website.
As long as you have a Subscription Membership or have an outstanding balance with Parts Beast, you will provide valid payment information and you authorize Parts Beast to deduct all monthly charges against the payment method we have on record. If, for any reason, Parts Beast is unable to process your payment, Parts Beast will try contacting you by email and your account will be suspended until your payment can be processed.
Subscription Service Fees will renew automatically on a monthly basis, at the rates in effect when the fees are incurred, until you cancel your Subscription Service account or Parts Beast LLC cancels your Subscription Service account. Subscription Fees are based on the terms in effect when the account was activated and when the account is renewed or updated.
UNLESS YOU NOTIFY PARTSBEAST.COM BEFORE THE RENEWAL DATE OF YOUR SUBSCRIPTION THAT YOU WANT TO CANCEL OR AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE PARTSBEAST.COM (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE SERVICE FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.
PARTS SALES TRANSACTIONS:
Sales transaction on the Parts Beast Website are conducted in multiple formats. For certain sales, Parts Beast is not involved in the sale in any way but is simply a facilitator of the transaction. Theses transactions shall be referred to as “Referral Transactions” and are subject to the terms herein. For other sales, Parts Beast is involved in the sales transaction by collecting payment for the Buyer. These transaction are referred to as “Intermediary Transactions” and are subject to the terms contained herein.
REFERRAL TRANSACTION: For Referral Transactions, Parts Beast LLC is not involved in the sales transactions between Users selling (the “Seller” or “Parts Seller”) or buying (the “Buyer” or “Parts Buyer”) parts and as a result, Parts Beast has no control over and makes no warranty or guarantee as to the quality, usability, safety, or legality of any items listed, the truth or accuracy of any listings, the ability of sellers to sell items, or the ability of buyers to purchase items. Parts Beast LLC cannot ensure that a Buyer or Seller will complete a transaction. Users agree that all sales transactions are directly between the Buyer and Seller. All legal ownership of items is transferred solely between Seller and Buyer.
INTERMEDIARY TRANSACTION: For Intermediary Transactions, Parts Beast LLC serves as the facilitator for payment of the transaction. Despite being the facilitator for payment, Parts Beast LLC is NOT the seller of the product. Parts Beast LLC has no control over and makes no warranty or guarantee as to the quality, usability, safety, or legality of any items listed, the truth or accuracy of any listings, the ability of sellers to sell items, or the ability of buyers to purchase items. Users acknowledge and agree that even though payment is made to Parts Beast LLC, the sales transaction ultimately remains between Buyer and Seller and all legal ownership of items is transferred solely between Seller and Buyer. All parties acknowledge that Parts Beast LLC may charge a processing fee to the Seller for facilitating the transaction.
LINK TO PAYPAL: Parts Beast provides a link to PayPal for sales transactions for convenience only. The link should not be construed as an endorsement or affiliation between Parts Beast LLC and PayPal. Parts Beast offers no warranty or guarantee and assumes no responsibility for transactions between Buyers and Sellers.
PARTS SELLER: The Seller is obligated and agrees to release the items to the Buyer upon completion of the sales transaction on condition that all terms of the sale have been met. The only exceptions include; failure on the Buyers’ part to provide proper payment, Buyers’ failure to meet the terms of the sale, or the Sellers’ inability to confirm the Buyers identity or shipping address. The Seller warrants that they hold title to items listed and that the information provided in regards to the items is true and accurate.
PARTS BUYER: The Buyer is responsible for meeting the terms of the Sellers’ listing and for delivering the appropriate payment for items purchased. All Parts Buyers shall pay for orders through the Site’s PayPal link. Parts Buyers are subject to PayPal’s terms and conditions and are responsible for all fees associated with their PayPal account.
APPLICABLE TAXES: Parts Beast makes no effort to collect and is not responsible for the collection, payment, or remission of taxes on any sales transaction. Each party (Seller and Buyer) is responsible for complying with any tax requirement or other payment requirement of a government entity.
SHIPPING TERMS: All Parts Seller listings shall include the cost of shipping. The Parts Buyer is responsible for all shipping costs.
REFUNDS AND RETURN POLICIES: Parts Beast assumes no responsibility and provides no warranty for the Sellers’ return policy. The Seller is responsible for any refunds, credits or adjustments to a transaction. The Seller shall clearly state their policy for which returns are accepted.
You understand and agree that you are personally responsible for your behavior on the PartsBeast.com Website. You agree to indemnify, defend and hold harmless Parts Beast LLC, its officers, directors, partners, managers, employees, agents and third parties, from and against any losses, claims, liabilities, damages, costs and expenses (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), including without limitation reasonable attorneys’ fees and any other expenses relating to or arising out of a) your use of, misuse of, or inability to use the Website, information or content, or Services contained herein, b) any Member Content submitted by you, c) your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or d) your violation of any applicable laws, rules or regulations.
You also agree to indemnify, defend and hold harmless Parts Beast LLC, its officers, directors, partners, managers, employees, agents and third parties, from and against any losses, claims, liabilities, damages, costs and expenses (including without limitation reasonable attorneys’ fees and all related costs and expenses of litigation and arbitration to defend) brought by third party claims arising out of your use of any of the PartsBeast.com Website or Services and the content you make available via any of PartsBeast.com Website or Services by any means, including without limitation through uploading, posting, linking, or reference to content, or otherwise.
Parts Beast LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Parts Beast in asserting any available defenses.
INTELLECTUAL PROPERTY RIGHTS
All use of the PartsBeast.com Website and its information is subject to intellectual property rights. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the PartsBeast.com Website, is the property of Parts Beast LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content, and not make any changes thereto.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the PartsBeast.com Website are: Copyright 2013-2015 Parts Beast LLC. All rights reserved. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Website for commercial or public purposes.
Parts Beast™ and PartsBeast.com™ are trademarks of Parts Beast LLC.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wyoming, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cheyenne, Wyoming, U.S.A. in all disputes arising out of or relating to the use of the PartsBeast.com Website. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Parts Beast LLC as a result of this agreement or use of the Site. Parts Beast's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Parts Beast's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Parts Beast with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Parts Beast LLC with respect to the PartsBeast.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Parts Beast with respect to the PartsBeast.com Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer support site at http://partsbeast.zendesk.com. In the unlikely event that the Parts Beast Customer Support is unable to resolve your complaint to your satisfaction (or if Parts Beast has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through the dispute resolution procedure outlined herein.
For the purposes of this Dispute Resolution Agreement, references to “Parts Beast”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Please read this carefully. It affects your rights.
a) Negotiation: If Parts Beast LLC determines in its sole discretion that negotiation could achieve a successful resolution, the Parties shall first attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy. The customer shall give Parts Beast written notice of any dispute not resolved in the normal course of business. If Parts Beast believes a response is necessary, Parts Beast shall respond within 30 days after delivery of the notice. The notice shall include (a) a statement of that party's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. If requested by Parts Beast LLC within 30 days after delivery of the initial notice, the executives of both parties shall communicate (letters or emails) or meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
b) Mediation: If Parts Beast LLC in its sole discretion believes mediation would be beneficial and a dispute or claim arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions or negotiations, the Parties shall participate in Mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration.
c) Binding Arbitration: The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, may be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The decision to arbitrate or not shall be the sole and exclusive decision of Parts Beast LLC. If Parts Beast LLC demands Arbitration, the customer is required to participate in Arbitration as the exclusive venue to resolve the dispute. The place of arbitration shall be Cheyenne, Wyoming and the arbitration will be conducted in the English language. The arbitration shall be governed by the laws of the State of Wyoming. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The AAA Arbitration Optional Rules for Emergency Measures of Protection are also incorporated by the Parties. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any binding arbitration hereunder without the prior written consent of both parties. You agree that, by entering into these Terms, you and Parts Beast LLC are each waiving the right to a trial by jury or to participate in a class action.