MAY BE SOUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK, COUNTY OF NEW YORK.</p> <p>YOU AND WE ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS AND, WHERE APPLICABLE, YOU AND WE ALSO AGREE TO OPT OUT OF ANY SUCH CLASS PROCEEDING.</p> <p>