You must file any claim within one (1) year after such claim arose or it is forever barred.</p> </li> </ul> <p>Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s rules. MyFitnessPal will reimburse you for those fees up to $5,000, unless the arbitrator determines your claims are frivolous. Likewise, MyFitnessPal will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous.</p> <p>NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE