Identify the unfair aspect with respect to the sentence extracted from an online Terms of Service:
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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 termination", "Arbitration", "Choice of law", "Content removal", "Jurisdiction", "Limitation of liability", "None", "Unilateral change", "Contract by using"].