12.1 Governing Law
This Agreement, and any disputes or claims arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
12.2 Jurisdiction & Venue
Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, located in Wayne County. You and Automotive DIY consent to personal jurisdiction and venue in such courts. Automotive DIY reserves the right to bring any legal action or proceeding against you, relating to this Agreement, in any jurisdiction in which you reside, are located, or may be found.
12.3 Dispute Resolution Process
Before pursuing any formal legal action, both parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good faith negotiation. The disputing party must send written notice of the dispute to Automotive DIY at legal@automotivediy.com, detailing the nature of the dispute and the proposed resolution.
If the dispute cannot be resolved through direct negotiation within thirty (30) calendar days of written notice, the parties agree to submit the matter to non-binding mediation administered by a mutually agreed-upon mediator located in Detroit, Michigan, under the rules of the American Arbitration Association (AAA).
12.4 Binding Arbitration
Should mediation fail to resolve the dispute, either party may submit the claim to binding arbitration. The arbitration shall be conducted by a single arbitrator under the Commercial Arbitration Rules of the AAA. The arbitration shall take place in Wayne County, Michigan, or at such other mutually agreed location. The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
Note: Arbitration is generally more limited in scope and discovery rights than litigation. By agreeing to arbitrate, you are waiving your right to a trial by jury.
12.5 Class Action Waiver
YOU AND AUTOMOTIVE DIY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Automotive DIY agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
12.6 Exceptions to Arbitration
Notwithstanding the foregoing, neither this section nor any other provision shall be construed to prevent either party from:
- Filing individual actions in small claims court; or
- Seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or proprietary rights.
12.7 Contact for Disputes
For any inquiries, complaints, or notices related to dispute resolution, please contact our Legal Department at:
Email: legal@automotivediy.com
Mailing Address: Automotive DIY, Attn: Legal Dept, 742 Gearbox Lane, Motor City, MI 48201
Disclaimer: This section constitutes part of Automotive DIY's Terms of Service. By accessing or using our platform, tools, and resources, you acknowledge that you have read, understood, and agree to be bound by these provisions. If you do not agree, you must discontinue use of our services immediately.