User Agreement - Dispute Resolution/Arbitration

Except as set forth in paragraphs 9 and 10 above, in the event
a dispute arises between the parties relating to or arising out of this Agreement, the parties agree to
work in good faith to resolve such dispute informally. If the parties are incapable of resolving such
dispute informally, any party may submit the dispute to mediation with the Arbitration Service of
Portland, located in Portland, Oregon (“ASP”), and such mediation shall occur under the ASP’s then
current mediation rules. All parties shall participate in good faith in such mediation. In the event such
mediation does not result in a resolution of the dispute, the dispute shall be resolved by binding
arbitration, and a party may then, but only then, initiate an arbitration proceeding with the ASP under
ASP’s then current arbitration rules. In such arbitration, the arbitrator’s fees shall be shared equally by
the parties during the course of the arbitration, but shall be recoverable as costs to the prevailing
party. The arbitrator will control the scheduling of all events and will resolve all disputes, including
disputes regarding pretrial procedure and discovery. The decision of the arbitrator (or arbitration
panel) will be binding, and any party may submit the decision as an enforceable judgment with any
court of competent jurisdiction. Nothing herein shall preclude a party from seeking declaratory or
injunctive relief in a court of competent jurisdiction.