Terms & Conditions

CHOICE OF LAW, DISPUTE RESOLUTION, MANDATORY

ARBITRATION AND CLASS ACTION WAIVER, AND TIME

LIMIT TO BRING CLAIMS

Choice of Law. These Terms and all matters arising from or related to the Services provided by DCC are

governed by the laws of the United States and by the laws the State of Colorado, without regard to conflict

of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale

of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) are expressly

excluded in their entirety from these Terms.

Arbitration of Claims and Class Action Waiver. UNLESS YOU OPT OUT BY FOLLOWING THE

PROCEDURE BELOW, YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS

IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR

REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD

HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN

ARBITRATION.

This includes all claims and disputes, including all statutory claims and disputes, breach of contract,

intentional tort, injunctive and equitable claims, whether pre-existing, present or future, arising out of or in

any way relating to (a) these Terms, (b) your access to, or use, or receipt of the Service, or (c) any other

services or products provided, managed, operated, serviced, or fulfilled by DCC, in each case, regardless

when that dispute, claim or controversy arose, and regardless of the relevant legal theory (“Dispute”) except

that you and DCC are not required to arbitrate any dispute in which either party seeks equitable relief for

alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

The following processes shall govern the arbitration process:

• Before commencing an arbitration, you agree to inform us of the nature of the claim and

the relief you seek by sending an email to [email protected] so stating.

• Within seven (7) business days, we will contact you and thereafter you and we will attempt

to resolve the claim or issue in a satisfactory way.

• If, following these attempts at exploring a resolution, you intend to proceed with an

arbitration, you and we will seek to reach an agreement on the selection of an arbitrator to

hear and decide the dispute and how it will be heard, including whether to submit the

dispute to the arbitrator only in written form or by proceedings conducted via video or in-

person.

• In the event that you and we cannot agree on an arbitrator, you and we agree that a court

will appoint a single arbitrator pursuant to the process set forth in your state’s Uniform

Arbitration Act or comparable provision enabling a court to select an arbitrator. The

arbitration will then proceed and be under the jurisdiction of the arbitrator so selected. We

will advance all arbitration fees.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or

enforceability of this arbitration provision, including any unconscionability challenge or any other

challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The

arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.

Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment

in any court of competent jurisdiction.

If you have informed us of the nature of the claim and the relief you seek by email to

[email protected], and we are unable to resolve the claim or issue in a satisfactory way, you may

elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice

of your intention do so no later than sixty (60) days from the date on which we receive your email informing

us of the nature of the claim and the relief sought. Any arbitration or small claims court proceeding will be

limited solely to your individual dispute or controversy.

If any provision of this arbitration agreement is found unenforceable, that provision will be severed and the

remaining arbitration terms including class action waiver will be enforced.

This means that, except for the equitable relief described in the previous sentence, neither DCC nor you

will sue in court before a judge or jury (unless you opt out of arbitration as provided below). DCC and you

are also agreeing that no Dispute subject to the terms of this Section 20 will be resolved as a class or other

collective action. Instead, one (1) neutral arbitrator will decide the Dispute, and the arbitrator’s decision

will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award

declaratory or injunctive relief only for the individual claims between DCC and you. Claims that will be

subject to arbitration include any and all statutory, consumer protection, common law, tort, injunctive relief

and equitable claims. This arbitration clause will survive any termination of these Terms of Use. The

arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent

permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability,

enforceability or formation of these Terms, including, but not limited to any claim that all or any part of

these Terms are void or voidable.

Arbitration Costs and Expenses. Each party shall bear its own costs and expenses of the arbitration and

one-half (1/2) of the fees and costs for the arbitrator unless the arbitrator determines the fees and costs

should be borne by one of the parties. Unless such a provision prohibited by applicable law, the arbitrator

may not award or assess punitive damages against either party.

Other Collective Actions Precluded. YOU AND DCC EACH AGREES THAT ANY PROCEEDINGS

TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL

BE CONDUCTED INDIVIDUALLY ONLY. DCC will not, and you will not, seek to have any dispute

heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding

in which you or DCC’s act(s) or propose(s) to act as a representative for others. You and DCC also agree

that no arbitration or other proceeding will be combined with another arbitration or proceeding without the

written consent of DCC, you, and every other party to that arbitration or proceeding. Without the written

consent of DCC, the arbitrator may not consolidate or join more than one (1) person or party’s claims and

may not otherwise preside over any form of a consolidated, representative or class proceeding.

Your Right to Opt Out. You may opt out of the arbitration and class actions waiver set forth above by

sending a written notice of your decision to opt-out in accordance with this Section 20. If you elect to opt

out, neither you nor DCC can force the other to arbitrate. To opt out, you must notify DCC in writing no

later than thirty (30) days after first becoming subject to these Terms. Your notice must include your name

and address, an email for notices and an unequivocal statement that you want to opt out of this arbitration.

Send your notice to: [email protected], Attention: Executive Director. In the event of a dispute

between you and DCC, to invoke your opt-out right, you must retain a copy of your opt-out notice, as well

as proof of mailing of your opt-out notice within the prescribed period.

Time Limit to Bring Claims. ANY LEGAL ACTION BROUGHT BETWEEN YOU, ON THE ONE

HAND, AND DCC OR ANY OF THE DCC PARTIES, ON THE OTHER HAND, MUST BE

COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS

WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR

SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.

Amendment. This arbitration provision and class action waiver may be amended from time to time in

accordance with Section 1 of these Terms. If you did not opt out of mandatory arbitration as provided above,

you may reject any change we make to this Section 20 by sending us notice within thirty (30) days after

first becoming subject to the amended Terms. Send your notice rejecting the changes to:

[email protected], Attention: Executive Director. In the event of a dispute between you and DCC

to invoke your right to apply an earlier version of this Section 20, you must retain a copy of your rejection

notice, as well as proof of mailing of your rejection notice during the period of time in which you intend to

pursue any claim. DCC reserves the right to make additional amendments to this Section 20. If you wish

to reject additional changes to this Section 20, you must notify us in the manner indicated above for each

change in accordance with the terms hereof.