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By agreeing to use JFA as a means of dispute resolution and/or by participating in this process, all parties to such agreements and all Parties to these proceedings agree (i) agree to abide by the Terms and Conditions and Rules of JFA then in effect which are set out elsewhere in one of the restricted areas of this site. (the "Rules") (ii) that these Rules shall govern the determination of all disputes to which they apply, (iii) to adhere to the Rules and all conditions and requirements set out in these Rules, (iv) that JFA shall be the sole and exclusive means of resolving any questions of interpretation of the Rules,(v) the Proceedings shall not be deemed to be occurring in any specific State, District or jurisdiction; provided, however, that for purposes of determining the law of the forum, the State of Minnesota shall be considered to be the forum and (v) notwithstanding any express choice of law set out in any agreement at issue and notwithstanding the conflict of laws principles applicable to any agreement at issue and the conflict of laws principles of the State of Minnesota, under which the laws of another jurisdiction may be applicable, the Agreement to use JFA and performance under it shall be governed by and construed in accordance with the applicable laws of the State of Minnesota, without giving effect to the principles thereof relating to conflicts of laws.
RIGHT NOT TO PROVIDE SERVICES AND TO ADJUST COSTS: JFA cannot predict the demand for its services or the availability of lawyers to serve as Arbitrators or JFA referred Representatives who will perform these services in exchange for compensation in line with fees set and based on the Goal Base Amount of $5,400, if a Party elects to use a JFA referred Representative or $2,484, if a Party elects to use its own Representative. Therefore, JFA reserves the right to set a Base Amount at a sum in excess of the Goal Base Amount or not to provide services. In either such case Parties who agreed to use JFA are released to use AAA or the alternative forum they elected to use to resolve their disputes in the event that JFA was unavailable.