If we are unable to resolve a dispute through direct, amicable, frank, open and honest communication, such dispute shall be submitted to confidential arbitration in Detroit, Michigan except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with the losing party being responsible for both parties costs and fees, and the joint costs of arbitration being shared equally by the parties.