12.Disputes

Any dispute, controversy, disagreement or claim arising out of or in connection with these terms and conditions or in any way related to the user's use of the Airship website or Airship services, including their existence, validity, interpretation, performance, breach or termination or any For disputes arising out of or in connection with these terms and conditions of non-contractual obligations, the parties may agree to first attempt mediation before a single mediator administered by the International Centre for Dispute Resolution in accordance with its Mediation Rules, who will Agreed locations are provided by the parties in English. If the parties do not agree on mediation, the matter shall be referred to and finally resolved by arbitration by a sole arbitrator held by the International Center for Dispute Resolution in Salt Lake City, Utah, USA in accordance with the International Dispute Resolution Rules. The arbitrator's decision is final, Binding on the parties and enforceable in a court of competent jurisdiction. The prevailing party is entitled to arbitration fees and reasonable attorneys' fees. Notwithstanding the foregoing, Airship and User agree that Airship may bring proceedings in any court to prohibit infringement or other misuse of Airship's intellectual property rights. Any disputes that may fall outside the scope of the arbitration clause shall be exclusively governed by the state or federal courts located in Salt Lake City, Utah, United States. User and Airship agree to the personal jurisdiction of these courts. CLASS ACTION IVER: TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE FROM THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFFER OR CLASS MEMBER OF ANY purported class, class action, or representative action (collectively, the “Class Action Waiver”). Arbitrators may not consolidate claims from multiple individuals or participate in any class arbitration. User acknowledges that by agreeing to these terms, each party waives the right to a trial by jury and the right to participate in a class action.