THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE WIDGETS OR PRODUCTS, EVEN IF FOOT LOCKER OR AUTHORIZED REPRESENTATIVES OF FOOT LOCKER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p> <p>SOME STATES DO NOT PERMIT LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. &nbsp;</p> <p>YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO, THE TERMS AND/OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITES OR APPS, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITES OR APPS, OR CONTENT MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 20 OR, TO THE EXTENT PROVIDED FOR IN THESE TERMS, FILING AN INDIVIDUAL SMALL CLAIMS ACTION) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT OR OMISSION GIVING RISE TO THE CLAIM.