Terms of Use

RaceOneDesign provides a Web site, related data, and services (referred to hereafter as "the Website") subject to the following Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING THE WEBSITE OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GO TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THESE TERMS OF USE CAREFULLY AND DO NOT USE THE WEBSITE IF YOU DO NOT AGREE.

1. ACCEPTANCE OF TERMS

By using the Website in any way, you are agreeing to comply with these Terms of Use. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. RaceOneDesign has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, cosdmmunity moderation, active investigation, litigation, and prosecution.

2. PRIVACY POLICY

In addition to these Terms of Use, RaceOneDesign has established a Privacy Policy to explain how user information is collected and used by RaceOneDesign. By accessing or using the Website, you are signifying your acknowledgement and agreement of this Privacy Policy to RaceOneDesign. A copy of this Privacy Policy can be found at the following link: www.raceonedesign.com/privacy-policy.

3. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms of Use at the following link: www.raceonedesign.com/terms-of-use.

4. WEBSITE ACCESS AND USE

(A) Access to the Website is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not copy, use, sell, reproduce, distribute, transmit, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the information made available in the Website (referred to hereafter as "the Website Content") for any purpose whatsoever, without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

(B) Furthermore, except as expressly permitted in these Terms of Use, you may not:

(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website;

(ii) circumvent, disable, or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website;

(iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website for any purpose without the express written permission of RaceOneDesign. Notwithstanding the foregoing, RaceOneDesign grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content on the Website that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

(iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, and email addresses;

(v) solicit other users to join or become members of any online service or other organization without our prior written approval;

(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;

(vii) decompile, reverse engineer, or disassemble any portion of any the Website;

(viii) use network-monitoring software to determine the architecture of or extract usage data from the Website;

(ix) encourage conduct that violates any local, state or federal law, either civil or criminal;

(x) impersonate another user, person, or entity, or create a false identity for the purpose of misleading others;

(xi) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or

(xii) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

5. USER REGISTRATION

In order to access or use some features of the Website, you will have to become a registered user (Membership). If you are under the age of thirteen, you are not permitted to register as a user or otherwise submit personal information to RaceOneDesign. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at user_services@raceonedesign.com of any breach of security or unauthorized use of your Membership.

6. USER CONTENT

(A) RaceOneDesign may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") articles, instructional materials, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in the User Content that you submit. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. Any conduct or User Content submitted by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted and any such User Content may be deleted from the Website at any time for any reason and without notification.

(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(C) You represent, warrant, and covenant that you will not submit any User Content that:

(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;

(ii) impersonates another user or person or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing, or determined to be objectionable for any reason by RaceOneDesign;

(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;

(iv) is an advertisement for goods or services except a classified advertisement (“Classified Ad”) submitted for personal (non-commercial) use only;

(v) is a solicitation of funds;

(vi) includes personal information which identify phone numbers, social security numbers, account numbers, addresses, or employer references for any person other than yourself;

(vii) contains a formula, instruction, or advice that is intended to cause harm or injury; (viii) is a chain letter of any kind;

(ix) the licensed use by us hereunder would result in us having any obligation or liability to any party.

(D) By submitting User Content to the Website, simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted, to RaceOneDesign a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, in connection with our business; and in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The rights that you grant to RaceOneDesign include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, revise, adapt, and remove such content and combine same with other materials. Furthermore, RaceOneDesign or the users of the Website are free to use any ideas, concepts, know-how, or techniques contained in any User Content you submit without any remuneration or obligation to you.

(E) By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name, your sailing resume, and your geographical location in connection with broadcast, print, online, or other use or publication of your User Content limited only by the conditions stipulated in the Privacy Policy. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.

(F) We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers and their downstream users.

(G) We have the right, but not the obligation, to monitor User Content, and are not responsible for any vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing content. Please exercise caution and common sense when viewing User Content.

(H) RaceOneDesign has no obligation to post, maintain, or otherwise make use of User Content that you submit and does not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, or use of your User Content in whole or in part, in our sole discretion for any reason and at any time. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you at any time after you submit your User Content. (I) The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion.

(J) If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice at copyright_administration@raceonedesign.com.

7. THIRD PARTY LINKS AND CONTENT

(A) The Website may contain features, content, and functionalities that may link you or provide you with access to third-party content that is completely independent of RaceOneDesign, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

(B) You agree that RaceOneDesign shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third-party, you understand and agree that RaceOneDesign is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release RaceOneDesign, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

8. CLAIMS OF COPYRIGHT INFRINGEMENT

(A) RaceOneDesign respects the intellectual property rights of others, and expects that everyone using the Website to do the same. In appropriate circumstances and at its sole discretion, RaceOneDesign may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, RaceOneDesign may remove or disable access to material on the Website that may be infringing or the subject of infringing activity.

(B) Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify RaceOneDesign's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

(a) Identification of the copyrighted work that you claim has been infringed; (b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it; (c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

(d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation. Notices of copyright infringement claims should be sent as follows: By mail:

If you give notice of copyright infringement by text e-mail, RaceOneDesign's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512, we will respond promptly to claims of copyright infringement. However, inquiries that do not follow the procedure outlined above may not receive a response.

9. GENERAL INFORMATION; CHOICE OF LAW; DISPUTES

The Terms of Use constitute the entire agreement between you and RaceOneDesign and govern your use of the Website, superseding any prior agreements between you and RaceOneDesign. The failure of RaceOneDesign to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use and the relationship between you and RaceOneDesign shall be governed by the laws of the State of Washington, United States, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Pierce County, Washington for any and all disputes, claims and actions arising from or in connection with the Website and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, RACEONEDESIGN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR WEBSITE CONTENT; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

11. LIABILITY LIMITATION; EXCLUSIVE REMEDY

(A) IN NO EVENT WILL RACEONEDESIGN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE OR WEBSITE CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST RACEONEDESIGN OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

(B) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

12. AMENDMENT OF SERVICES AND / OR TERMS OF USE; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion, at any time and for any reason, to modify or discontinue any aspect or feature of the Website, to remove or delete any Website Content, or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting on the Website. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any of the Website or Website Content following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in Section 13(C) herein and immediately discontinue use of the Website. If you do not have a Membership, your only recourse is to immediately discontinue use of the Website.

13. TERMINATION OF SERVICE

(A) You agree that RaceOneDesign, in its sole discretion, has the right (but not the obligation) to terminate, suspend, delete, or deactivate your Membership, block your email or IP address, or otherwise block your access to or use of the Website or Website Content, immediately and without notice, and remove and discard any User Content that you submitted within the Website, for any reason, including, without limitation, if RaceOneDesign believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that RaceOneDesign shall not be liable to you or any third-party for any termination of your access to the Website or deletion or destruction of any User Content you have submitted to the Website. Further, you agree not to attempt to use the Website and not to post User Content after said termination. The Terms of Use shall survive termination of your Membership.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which survive the suspension or termination of your Membership or these Terms of Use include, but are not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 19.

(C) If you become a registered user, you may terminate your Membership at any time by sending an e-mail to user-services@raceonedesign.com.

14. NO SPAM POLICY

Sending unsolicited email advertisements to RaceOneDesign email addresses or through RaceOneDesign computer systems is expressly prohibited.

15. LIMITATIONS ON SERVICE

You acknowledge that RaceOneDesign may establish limits concerning use of the Website, including the maximum number of days that content (including User Content) will be displayed or retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that RaceOneDesign has no responsibility or liability for the deletion or failure to store any content (including User Content) maintained or transmitted by the Website. You acknowledge that RaceOneDesign reserves the right at any time to modify or discontinue the Website with or without notice, and that RaceOneDesign shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Website.

16. USE OF WEATHER DATA

RaceOneDesign may now or in the future display on the Website weather-related data such as weather observations, historical weather reports, wind and temperature data, and weather forecasts. Weather-related data also includes information about tides and currents. Weather-related data provided by the Website are not guaranteed to be accurate. The accuracy of weather-related data provided by the Website is not guaranteed and is not reliable for is not reliable for navigational purposes. The user assumes the entire risk related to the use of these data. RaceOneDesign provides these data “as is”, and disclaims any and all warranties, whether express or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. In no event will RaceOneDesign be liable to you or to any third party for any injury (including death) or direct, indirect, incidental, consequential, special, or exemplary damages or lost profit resulting from any use or misuse of weather-related data provided on the Website.

17. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Website on behalf of others. To moderate demands on RaceOneDesign's resources, you may not use a Posting Agent to post Content to the Website without express permission or license from RaceOneDesign. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Website to facilitate posting Content on behalf of others, except with express permission or license from RaceOneDesign.

18. CONDITIONS FOR LINKING TO WEBSITE

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

19. DISPUTE RESOLUTION; BINDING ARBITRATION

In the section 19 only, "we" and "us" are used to refer to you and RaceOneDesign together.

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents and information and the proposed resolution. You agree to contact us with disputes by contacting us at the following address:

or by e-mail at the following e-mail address: legal@raceonedesign.com We will contact you based on the contact information you have provided us.

(B) We each agree to settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

(i) "Disputes" are any claims or controversies against each other related in any way to the Website, Website Content, User Content, or these Terms of Use. This includes claims you bring against our employees, agents, parents, subsidiaries, affiliates or other representatives, and claims RaceOneDesign may bring against you.

(ii) The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

(iii) The arbitration will be administered by the American Arbitration Association ("AAA") under its arbitration rules. If any AAA rule conflicts with these Terms of Use, these Terms of Use apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org.

(iv) The arbitration will be conducted by a single neutral arbitrator and will take place in Seattle, WA. The federal or state law that applies to these Terms of Use will also apply during the arbitration.

(v) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.

(vi) The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorney’s fees and expert’s fees, which are incurred in connection with the arbitration.

(C) Either of us may bring qualifying claims in small claims court.