DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will work in good faith to resolve any issue you have with the Website, if you bring that issue to the
attention of our customer service department. However, we realize that there may be rare cases where we may
not be able to resolve an issue to a customer’s satisfaction.
In the interest of resolving disputes between you and DUO DIGITAL in the most expedient and cost-effective
manner, you and DUO DIGITAL agree that ALL disputes arising out of or related to these Terms and/or your use
of any of DUO DIGITAL’s products, whether based in tort, statute, fraud, contract, misrepresentation, or any
other legal theory, and regardless of whether a claim arises during or after the termination of these terms,
will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by
a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows
for more limited discovery than in court, however, we agree to cooperate with each other to agree to
reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same
damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law
regarding damages as if the matter had been brought in court, including without limitation, the law on
punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive
termination of these Terms and any other contractual relationship between you and DUO DIGITAL. YOU
UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DUO DIGITAL ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions to Arbitration Agreement. Notwithstanding the paragraph above, nothing in these Terms will be
deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action
in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local
agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in
a court of law to address an intellectual property infringement claim.
Arbitration Process. If you desire to assert a claim against DUO DIGITAL, and you therefore elect to seek
arbitration, you must first send to DUO DIGITAL, by certified mail, a written Notice of your claim
(“Notice”). The Notice to DUO DIGITAL should be addressed to: Duo Digital Prints, Inc., Website Notices,
2455 East 58th Street, Vernon, CA, 90058 (“Notice Address”). If DUO DIGITAL desires to assert a claim
against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to
the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you
or by DUO DIGITAL, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the
specific relief sought (“Demand”). If DUO DIGITAL and you do not reach an agreement to resolve the claim
within 30 days after the Notice is received, you or DUO DIGITAL may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by DUO DIGITAL or you shall not be disclosed
to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the
American Arbitration Association (“AAA”) 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, as modified by these Terms, 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
requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of
these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and
enforceability of these Terms, including this arbitration agreement. Any arbitration hearing will take place
at a location to be agreed upon in Los Angeles County, California. 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.
Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be
governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any.
No Class Actions. YOU AND DUO DIGITAL 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 DUO DIGITAL 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. 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. If this specific provision is found to be unenforceable, then (a) the entirety of
this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain
in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or
federal courts in Los Angeles, California.