Welcome to Beachwood. We are an partially an online subscription service, providing our members with access to our Beachwood energy deal generation services and our online Cloud Platform. We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.
Membership and Billing
You can find a copy of the Term & Conditions with Beachwood at any time by visiting our website.
Your Beachwood membership may start with a free trial. The free trial period of your membership lasts the duration specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"), to use our service.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. The membership fee cycle following the free trial period will occur based on communication specified during sign-up or monthly at a minimum recurring basis. No charges will be made against the Payment Method if you cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. REACH OUT TO BEACHWOOD FOR CANCELLATIONS.
We will continue to bill your Payment Method on a minimum monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods. We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Beachwood membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you will need to contact Beachwood to update your Payment Method information or automatic cancellation could result. If your Payment Method reaches its expiration date and you do not update your Payment Method information or cancel your account with Beachwood (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Client shall pay a cash fee to Beachwood equal to one and one-half percent (1.5%) of the final transaction amount for the deal. For example, if deal closes for $1,000,000.00, the buyer will pay Beachwood $15,000.00 as a finder’s fee. Total buyer responsibility equals $1,015,000.00.
Payment of the Finder’s Fee by the Buyer shall not occur prior to the Closing of the Transaction and shall otherwise occur upon or within three (3) days after the Closing of the Transaction.
Beachwood shall be entitled to the Finder’s Fee (1.5% of deal transaction) at Closing of the Transaction or the twelve (12) month period immediately following the Term.
Your Beachwood membership, which may start with a free trial portion, will continue month- to-month or as otherwise agreed upon unless and until you cancel your membership, or we terminate it. You must cancel your membership before it renews each recurring billing cycle as agreed with Beachwood to avoid billing of the next cycle’s membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
You may cancel your Beachwood membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website (www.bchwdx.com) and contact a Beachwood team member.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
If you elect to seek arbitration, you must first send to Beachwood, by certified mail, a written Notice of your claim ("Notice"). The Notice to Beachwood should be addressed to: General Counsel, Beachwood, 12444 NW 10th Street, Suite 202, Yukon, OK 73099 ("Notice Address"). If Beachwood elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Beachwood, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Beachwood and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Beachwood may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Beachwood or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Beachwood and you agree otherwise, any arbitration hearings will take place in the county (or parish) of Beachwood’s billing address. (If you reside outside of the United States, any arbitration hearings will take place in Beachwood’s country of residence at a location reasonably convenient to Beachwood and will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Beachwood’s last written settlement offer made before an arbitrator was selected (or if Beachwood did not make a settlement offer before an arbitrator was selected), then Beachwood will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND BEACHWOOD 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. Further, unless both you and Beachwood agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.