This arbitration will be held in Wilmington, Delaware and both parties agree that they will be required to be present in Wilmington, Delaware for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Wilmington, Delaware. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in Wilmington, Delaware and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. The arbitration will be administered under American Arbitration Association’s most recent Commercial Arbitration Rules then in effect except where as modified herein.
You and Company agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Delaware law and will be heard exclusively in the state and federal courts located in Wilmington, Delaware. Notwithstanding the foregoing, you and Company each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Company, you and Company agree that the arbitrator will decide that issue. You and the Company agree that any dispute, claim or controversy arising out of or in relation to your use of the Website, this agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. In addition to any terms and or conditions contained in any agreements and/or policies applicable to the website ("Website") or Rooftripper Commerce LLC business ("Company"), by using the Website you hereby agree to the following terms ("Website Terms"): Arbitration & Choice of Laws
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