GOVERNING LAW/DISPUTE RESOLUTION
You agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Company (or any related third parties) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to Program, the actions of Company or its agents, or any products or services sold or purchased through Program, will be resolved in accordance with the following provisions:
You agree that the laws of the State of Minnesota in the United States, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in this Agreement.
You and Company agree that all disputes or claims that have arisen, or may arise, between you and Company (or any related third parties) that relate to or arise out of this or previous versions of this Agreement, your use of or access to Program, the actions of Company or its agents, or any products or services sold, offered, or purchased through Program, shall be resolved exclusively through final and binding arbitration, rather than in court. However, you understand and agree that this does not in any way limit Company’s ability to employ a debt collection agency and/or a lawyer to collect outstanding balances due under this Agreement.
The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Minnesota, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement.
The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. If a party intends to seek arbitration, that party must first send to the other party, by certified mail, a valid Notice of Dispute ("Notice").
If you are a resident of the United States, then the arbitration hearing shall be held in Houston County, Minnestoa, or via online a licensed online dispute provider ( ODR). If you are not a resident of the United States, then the arbitration hearing will be held in Houston County, Minnesota, in the United States, via ODR, or another mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
If for any reason, arbitration is not successful, you agree that any claim or dispute between you and Company will be resolved exclusively by a state or federal court located in Houston County, Minnesota. You agree to submit to the personal jurisdiction of the courts located within Houston County, Minnesota for the purpose of litigating all such claims, disputes, or matters.