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This Agreement shall be treated as though itwere executed and performed in Minneapolis, MN, and shall be governed by andconstrued in accordance with the laws of the State of Minnesota (without regardto conflict of law principles). Any cause of action by you with respect to theSite must be instituted within one (1) year after the cause of action arose orbe forever waived and barred. All actions shall be subject to the limitationsset forth in Section 16 and Section 17. The language in this Agreement shall beinterpreted as to its fair meaning and not strictly for or against any party.This Agreement and all incorporated agreements and your information may beautomatically assigned by us in our sole discretion to a third party in theevent of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, thatportion shall be construed consistent with applicable law and the remainingportions shall remain in full force and effect. To the extent that anything inor associated with the Site is in conflict or inconsistent with this Agreement,this Agreement shall take precedence. Our failure to enforce any provision ofthis Agreement shall not be deemed a waiver of such provision nor of the rightto enforce such provision. Our rightsunder this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relatingto this Agreement or our services, excluding legal action taken by us tocollect or recover damages for, or obtain any injunction relating to, Siteoperations, intellectual property, and our services, shall be settled solely bybinding arbitration in accordance with the commercial arbitration rules of theAmerican Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individualbasis, and shall not be consolidated in any arbitration with any claim orcontroversy of any other party. Thearbitration shall be conducted in Minneapolis, MN, and judgment on thearbitration award may be entered into any court having jurisdictionthereof. Either you or us may seek anyinterim or preliminary relief from a court of competent jurisdiction in Minneapolis,MN necessary to protect the rights or property of you and us pending thecompletion of arbitration. Each partyshall bear one-half of the arbitration fees and costs incurred through AAA.
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