Identify the unfair aspect with respect to the sentence extracted from an online Terms of Service:
```
fitbit will not seek its attorneys ' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous . 

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. OPTIONS: ['Unilateral change' 'Unilateral termination' 'Content removal'
 'Limitation of liability' 'Jurisdiction' 'Choice of law'
 'Contract by using' 'None' 'Arbitration'].