Provided however, that you agree that the terms of this arbitration section do not apply to determinations as to the ownership of any intellectual property rights in the Services, Licensed Software or Device. The arbitration shall be conducted before a single arbitration under the American Arbitration Association’s (AAA’s) Commercial Arbitration Rules and conducted in San Francisco, CA, USA (or in the federal court district in which you reside at the time of making a claim, if mutually agreed by you and August in writing in the interest of fairness).