As of May 9, 2018
Arbitration of Disputes
Except for DCI’s claim with respect to its intellectual property rights, all disputes arising out of or related to this User Agreement, the Website, the App and/or the Services (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) shall be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration. The arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules (“AAA Rules”), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by this User Agreement. Notwithstanding anything in the AAA Rules, the arbitration shall be held in Orange County, California. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. The arbitrator will determine any controversy over whether an issue is subject to arbitration. Any court of competent jurisdiction may confirm or enforce the award. Unless otherwise provided for in the AAA Rules or in the arbitration award, DCI and you will divide equally all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator. Each party will bear the cost of preparing and presenting its own case. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought by you as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to this User Agreement, the Website, the App or the Services. Any dispute or claim arising out of or relating to this User Agreement, the Website or the Services must be brought within two years after the date on which the basis for the dispute or claim first arises or the period of time provided by statute. Notwithstanding the foregoing, small claims matters shall be excluded from binding arbitration as provided herein and shall be brought in small claims of competent jurisdiction.