TERMS OF SERVICE

      Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the site is entitled to arbitration; instead, all claims and disputes will be resolved in court as set forth in below.

      Exclusive Venue. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or the site to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and the site agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Wayne County, Michigan, or the federal district in which that county falls.

      Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with the site.

      Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the the site may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and the site agree that these Terms are the complete and exclusive statement of the mutual understanding between you and the site, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the site, and you do not have any authority of any kind to bind the site in any respect whatsoever.

      Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and the site agree there are no third-party beneficiaries intended under these Terms.