Welcome to Audiocity Motors Llc Store. By accessing or using our website, you agree to be bound by the following terms and conditions (the “Terms”). If you do not agree to these Terms, you should not use our website. Please read this Agreement carefully before accessing or using the Site and/or the Services because it constitutes a legally binding contract between you and Audiocity Motors Llc Store. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions. These Terms and Conditions are divided into three parts.

Part 1 – Website Terms and Conditions – concerns the website (together with its pages and features, the “Site”) that is operated, hosted, and/or published by Audiocity Motors Llc Store. If you visit, browse, and/or use this website for any reason, you will be bound by the Website Terms and Conditions.

Part 2 – Purchase Terms and Conditions – is applicable to all associated services and products provided on, sold through, or in relation to the Site (the “Services”). If you order any products from Audiocity Motors Llc Store, you will be bound by the Purchase Terms and Conditions.

Part 3 – General Terms and Conditions – relates to certain terms and conditions that apply to both Parts 1 and 2.

You are automatically accepting and agreeing to the most recent version of this Agreement whenever you access or use the Site and/or the Services, and your continuing access or use of any of the foregoing reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from accessing or using the Site and/or the Services, including making any purchases of products. Audiocity Motors Llc Store may supplement, amend, or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Site as Audiocity Motors Llc Store deems appropriate in its sole discretion, and such modifications shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement each time you access or use the Site or the Services.

Table of Contents

Part 1 – Website Terms and Conditions Use of the Site. This Agreement governs your access and use of the Site, and any information that is displayed or provided therein. The Site and the contents on the Site are intended solely for personal, non-commercial use. You may download or copy the content of the Site and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any such downloaded content is transferred to you as a result of any such downloading or copying. Eligibility. The Site is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted this Agreement. By accessing or using the Site or the Services, you represent and warrant to Audiocity Motors Llc Store that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Site or the Services. You should read these Terms and Conditions in conjunction with the Privacy Policy, which is incorporated in these Terms and Conditions by reference. Rights, Permissions, and Consents License. Subject to the terms and conditions of this Agreement, Audiocity Motors Llc Store grants you a limited, non-exclusive, personal, freely revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Site and to view the information and content found thereon. You may only use the Site for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. Audiocity Motors Llc Store may terminate this license at any time for any reason or no reason in its sole discretion. Your unauthorized use of the Site or any breach by you of this Agreement will automatically terminate this license. Prohibited Activities. You may not reproduce (except as expressly provided hereunder), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of such content or the Site. You may not access the Site in order to (a) build a competitive product, service, or website; (b) build a product using similar ideas, features, functions, or graphics of the Site; or (c) copy any ideas, features, functions or graphics of the Site. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site in any way. You shall not engage in any of the following activities at any time with respect to the Site: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Audiocity Motors Llc Store or its licensors with respect to the Site); (c) the reproduction of the Site or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Audiocity Motors Llc Store herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer, or randomly generated content; (g) supplying or publishing any information or statement on, through, or in relation to the Site that is false, misleading, deceptive, or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications; (i) the systematic retrieval or copying of any information or content found on, through, or in relation to the Site or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (j) the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through, or in relation to the Site or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through, or in relation to the Site or its servers; or (n) any other act that Audiocity Motors Llc Store becomes aware of and believes in good faith is improper, illegal, or harmful to the Site or its servers, or any person, entity, or property. Reservation of Rights. You have and will obtain no rights except for the limited rights expressly granted herein. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Audiocity Motors Llc Store reserves all rights not expressly granted under this Agreement, and nothing in this Agreement restricts or limits Audiocity Motors Llc Store’s rights, title, or interests in or to the Site, the Services, the products, or any elements or derivatives of the foregoing. Account Creation. Audiocity Motors Llc Store may provide you with the ability to create an account on our website using your social media accounts, such as Facebook, Google, and others. Please note that when you register with your social media account, you hereby consent to share certain account details with us, like name and email address, as permitted by the policies of such platforms and your current privacy settings. Any data received from your social media accounts will be managed in accordance with our Privacy Policy. Ownership. The Site and all elements and derivatives of the Site (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing (including, without limitation, “Audiocity Motors Llc Store” and all associated logos), are owned, licensed, or permissibly used by Audiocity Motors Llc Store. In no event shall you have or retain any rights, title, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. For the purpose of clarity, nothing provided under this Agreement is to be considered a “work for hire,” and Audiocity Motors Llc Store does not convey, transfer, or assign to you any right, title, or interest it may have now or in the future acquire, including but not limited to all intellectual property rights. Nothing contained in this Agreement shall be construed as a waiver or limitation of Audiocity Motors Llc Store’s or its licensors’ respective rights and remedies under applicable law. Links to Other Sites, Apps, Networks, Platforms, and Servers Linked Technologies. The Site or any communications sent on, through, or as a function of the Site may contain links to third-party websites, networks, platforms, servers, or applications, and, similarly, third-party websites, networks, platforms, servers, applications, or communications may contain links to the Site (collectively, “Linked Technologies”). The Linked Technologies are not under the control of Audiocity Motors Llc Store or the Site, and any such communications contain the outgoing links as a convenience to you, if for any purpose. If you use these Linked Technologies, you will leave the Site. Disclaimer About Linked Technologies. Audiocity Motors Llc Store is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items that may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content). Audiocity Motors Llc Store does not make, nor has Audiocity Motors Llc Store made, any representations or warranties (whether express, implied, or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes, or other items that may be found on or excluded from the Linked Technologies; nor shall the fact that the Site may link to or from any Linked Technologies constitute an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk and it is your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements. Linking to the Site. All links to the Site must be approved in writing by Audiocity Motors Llc Store prior to the creation of the link, except that Audiocity Motors Llc Store consents to links in which: (i) the link “points” the user directly to the home page only and not to pages accessible from the home page (ii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked site and (iii) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by Audiocity Motors Llc Store nor damage or dilute the goodwill associated with the name and trademarks of Audiocity Motors Llc Store or its affiliates. Audiocity Motors Llc Store reserves the right to revoke this consent to link at any time at its sole discretion. Suspension or Termination of Service; Disclaimer. Audiocity Motors Llc Store has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site. Audiocity Motors Llc Store shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such suspension or termination (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content). User Content You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) on the Site. Audiocity Motors Llc Store may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (“Tag”). If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. Audiocity Motors Llc Store agrees to only modify User Content to the extent reasonably required. All information You submit to the Site, whether solicited or unsolicited will not be regarded as confidential. You may request that any of your User Content is removed from the Site or social media by sending us an email at privacy@audiocitymotors.com. Audiocity Motors Llc Store will endeavor to action any removal requests within a reasonable time. You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

• you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Audiocity Motors Llc Store the rights in such User Content (as contemplated by these Terms); and
• neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Audiocity Motors Llc Store reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any User Content, including but not limited to, communications, reviews, comments, statements, names, photographs, information, and/or content made or submitted by you or others on or through the Site that Audiocity Motors Llc Store believes, at any time and in its sole discretion, to be infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; defamatory, disparaging, or embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or something that Audiocity Motors Llc Store considers unsuitable for the Site or its users.

Part 2 – Purchase Terms and Conditions

User Account Registration. To complete a purchase and/or gain access to specific information, you will need to register and create a personal user account with Audiocity Motors Llc (hereinafter referred to as “Audiocity Motors”). Audiocity Motors allows for one (1) non-transferable account per user unless otherwise permitted by Audiocity Motors in writing. Additionally, registration through your Google or Facebook account is an option, granting Audiocity Motors access to specific information from those accounts.

Account Activity and Information. You are accountable for all actions taken under your account and must not authorize any third party to use your account. Safeguard your account details, including your login credentials (e.g., username and password). Ensure that your account information remains accurate, complete, and up-to-date. If you suspect any unauthorized access to your account, immediately notify Audiocity Motors. Audiocity Motors shall not be held liable for losses or damages stemming from your failure to protect your account information or any unauthorized account usage. Audiocity Motors reserves the right to access and employ your account information, along with permitting its agents, employees, representatives, contractors, and vendors to do the same, for the purpose of fulfilling Audiocity Motors’ rights and obligations under this Agreement, operating the Site, or handling matters related to the Site, Services, your account, or the subject matter of this Agreement, including but not limited to payments and communications.

By placing an order or setting up an account, you provide consent for Audiocity Motors to communicate with you for various purposes, including advertising, telemarketing, promotional activities, and sending special offers, updates, newsletters, or other informational content via electronic methods, as Audiocity Motors deems suitable, whether through the Site, your account, personal communication, email, automatic telephone dialing systems, telephone, artificial or prerecorded voice, online social media, text messages (e.g., SMS and MMS), or other electronic mediums.

Email Opt-Out. You retain the option to opt-out of receiving marketing communications from Audiocity Motors at any time through reasonable means, such as sending an email to privacy@audiocitymotors.com with the subject line “Opt-Out of Electronic Communications.” Be aware that opting out may affect your ability to receive certain messages or notifications from Audiocity Motors and influence your experience with the Site.

Orders You can place orders for products on our Site following the guidelines provided. By placing an order on our Site, you are making a purchase of the product(s) at the listed price, which includes delivery fees and applicable charges and taxes. All products on the Site are subject to availability, and prices and descriptions of products or services can change without prior notice, at Audiocity Motors’ sole discretion. Audiocity Motors reserves the right to discontinue any product or service at any time.

Audiocity Motors may, at its absolute discretion, accept or decline an order. Furthermore, Audiocity Motors may limit or cancel quantities per person, per household, or per order. Such restrictions may apply to orders placed using the same account, credit card, or billing and/or shipping address. Audiocity Motors also retains the right to refuse its products and services to specific geographic regions or jurisdictions, particularly in cases of suspected fraudulent or illegal activity. Audiocity Motors may contact your payment method issuer, law enforcement, or other entities to share information related to payments if it believes doing so will prevent legal violations or financial loss. If Audiocity Motors modifies or cancels your order, it will make reasonable efforts to notify you using the contact information provided when placing the order.

You are responsible for verifying order details, including selected products, delivery information, and pricing, before submitting your order on the Site.

Upon ordering and successful payment validation, you will receive an order confirmation email containing order details, including order number, order ID, delivery and billing addresses, and a description of the items ordered.

All purchases on the Site are subject to availability. While we strive to keep products in stock and update the Site with product availability information, products available for pre-order (not currently in stock) will be clearly marked on our Site. Expected shipment dates for pre-ordered products are approximate, and we are not liable for delays or inaccuracies in these dates.

Audiocity Motors reserves the right to cancel an order previously accepted at any time before delivery for various reasons, including significant dispatch delays, inability to supply ordered products (e.g., due to events beyond our control), or errors on our Site (e.g., incorrect description, price, or image). In such cases, Audiocity Motors will notify you and provide a refund for the order. Confirmation of the cancellation and refund will be sent via email.

You can cancel your order before the products are shipped.

Shipping and Delivery Shipping costs are indicated on the Site. Delivery periods displayed on the Site are estimates based on information provided by the delivery company. More details can be found in our Shipping Policy.

We use various delivery methods, and some may require a signature upon delivery. If neither you nor your authorized representative is available to accept the delivery, we may leave the products at your location.

In case of an incorrect or incomplete delivery address, subsequent redelivery attempts may incur additional charges.

Title to the products remains with us until full payment is made. Risk of product loss passes to you upon delivery to the address specified in your order.

Payments Sales Transactions. Sales transactions on the Site occur through an online shopping cart system, processed by a third-party payment processor (the “Payment Processor”). All such transactions are subject to the terms, conditions, and privacy policy of the Payment Processor in addition to this Agreement. Audiocity Motors is not responsible for any errors, acts, or omissions of the Payment Processor. You grant Audiocity Motors the irrevocable right to withhold or debit monies from any account you’ve identified to Audiocity Motors for chargebacks, fees, costs, deductions, adjustments, or other amounts owed to Audiocity Motors. Once you proceed to the checkout or a similar stage, you can review your order, update quantities, remove items, and enter applicable promotional codes.

Payment Obligations. You are responsible for all amounts accruing under your Audiocity Motors account, the Site, and/or related to Services. You also agree to be responsible for payments, fines, penalties, and other liabilities resulting from payments authorized or accepted on or through the Site, including fees, penalties, taxes, and duties. Additionally, you agree to cover any expenses, including costs and reasonable attorney fees, and interest incurred by any party or entity in the process of collecting overdue amounts.

Accurate Payment Information. You warrant that payment information provided on or through the Site is current, complete, and accurate. Promptly inform Audiocity Motors of any changes to your payment information, such as address or expiration date, and report any security breaches.

Returns Subject to our Refund & Exchange Policy, we offer a change of mind for products, as detailed in our Returns Policy.

As we maintain a clear Refund & Exchange Policy that you accepted before purchasing any products, we do not tolerate or accept chargeback threats or actual chargebacks. Audiocity Motors reserves the right to report such incidents to credit reporting agencies or other entities for inclusion in chargeback databases or listing as delinquent accounts, which may affect your credit score. Information reported may include your name, email address, order date, order amount.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Audiocity Motors LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, SERVICES, OR PRODUCTS. IN NO EVENT SHALL Audiocity Motors LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EnginePAS Store HEREUNDER OR $100.00, WHICHEVER IS GREATER. In no event shall Audiocity Motors LLC, any of Audiocity Motors LLC’s parents, subsidiaries, or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with: (i) your access or use of the Site, or your inability to access or use the Site or the Services; (ii) any products or services made available on, through, or in relation to the Site; (iii) any statements, content, or conduct of any third party on, through, or in relation to the Site or any such products or services; (iv) any unauthorized access to or alteration of your personal information; (v) any hacking, denial of service attacks, data security breaches, or other third-party conduct that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), or network(s); (vi) any transmission, download, or infection of any software, system, program, file, process, device, application, or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), or network(s); (vii) the fact that you have relied on any information, content, or communications published on, through, or in relation to the Site or any such products or services; or (viii) any acts, errors, or omissions of any third-party providers. Audiocity Motors LLC will have no liability for the loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products, or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties. If you are dissatisfied with the Site or any products or services offered, sold, licensed, or made available on, through, or in relation to the Site, then your sole and exclusive remedy is to discontinue your access and use of the Site and such products and services.

Limitation of Remedies

In no event shall you be entitled to recover any special, incidental, consequential, speculative, exemplary, or punitive damages arising out of this Agreement, even if Audiocity Motors LLC has been notified of the possibility of such damages.

Consumer Protections

The disclaimers and limitations set forth in this Section are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Indemnification

You hereby agree to indemnify, release, and hold harmless Audiocity Motors LLC, Audiocity Motors LLC’s parents, subsidiaries, and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Site or any products or services made available on, through, or in relation to the Site, (c) your violation of the rights of or other injury to any third party, (d) injuries to persons or property (including yourself) resulting from your use or purchase of any products, and/or (e) your breach of all or any part of this Agreement. This indemnification, defense, and hold harmless obligation will survive this Agreement and the termination of your use of the Site or Services.

Governing Law

This Agreement, your access or use of the Site or any Services, your creation of an Account, any transactions made on, through, or in relation to the Site, any products or services purchased on, through, or in relation to the Site, the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) are governed by the laws of the United States, regardless of its place of execution, its place of performance, and any conflicts of law analysis.

Dispute Resolution

Binding Arbitration; Waiver

Each Party hereby irrevocably submits all disputes, controversies, and claims arising from or concerning this Agreement, your access or use of the Site or the Services, any transactions made on, through, or in relation to the Site, any products or services purchased on, through, or in relation to the Site, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.

Arbitration Rules

The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 22 are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Arbitration Process, Location, and Procedures

The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in the United States. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.

Arbitration Decisions and Awards

The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this Section. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the United States and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.

Arbitration Fees and Expenses

JAMS’s administrative and filing fees, the arbitrator’s fees and expenses, and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under applicable law.

Litigation

In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state and federal courts situated in the United States for the litigation of said Dispute and covenant and agree that neither of the foregoing is an inconvenient venue or forum. Regardless of whether a particular dispute is subject to arbitration or litigation and to the fullest extent permitted by law, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding, or to name unnamed members in any purported class action or other proceeding.

Notice and Changes to this Agreement

Audiocity Motors LLC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Audiocity Motors LLC in our sole discretion. Audiocity Motors LLC reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. Audiocity Motors LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Audiocity Motors LLC may, in its sole discretion, modify or update this Agreement from time to time, and so you should review it periodically. When we change the Agreement in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Site or Services after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Site or Services.

Miscellaneous

International Use

The Site is controlled and operated by Audiocity Motors LLC from within the United States. Audiocity Motors LLC makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Persons who choose to use the Site from such other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

United States Residents

The provider of services is set forth herein. If you are a United States resident, in accordance with applicable law, you may report complaints to the appropriate authorities.

Feedback

Audiocity Motors LLC may use any reports, comments, ratings, reviews, and suggestions in any form regarding the Site or the Services that you provide to Audiocity Motors LLC (collectively, the “Feedback”). You grant Audiocity Motors LLC a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback.

Force Majeure

Audiocity Motors LLC shall not be liable for shipping, processing, manufacturing, or any other delays in performance caused by any act of God, fire, or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond Audiocity Motors LLC’s reasonable control, and the time for Audiocity Motors LLC’s performance shall be extended by the period of any such delay. Audiocity Motors LLC reserves the right to apportion its production among its customers as it may determine.

Survival

You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability, and other clauses, including those provisions that by their terms contemplate survival, shall survive the termination or expiration of this Agreement, regardless of the cause of such termination.

No Waiver

No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion.

Assignment and Delegation

You may not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement.

Construction and Interpretation

This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.

Headings

Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement.

Severability

If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter, and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our practices. If we make any material changes, we will notify you by email or through a prominent notice on our website.