unless you and we agree otherwise , in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute , either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order , you agree that any claim or dispute that has arisen or may arise between you and ebay must be resolved exclusively by a state or federal court located in salt lake county , utah .