what about this point in the agreement:
11.
W
AIVER OF
RIGHT TO TRIAL BY JURY
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A
CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN
CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE
KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE
EVENT OF LITIGATION AR
ISING OUT OF OR RELATED TO THIS AGREEMENT.
THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS
MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE
FOLLOWING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN
SEPARATE JURY TRIAL WAIVER.
IN T
HE EVENT OF ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS
AGREEMENT, CUSTOMER AGREES THAT SUCH DISPUTE SHALL BE
RESOLVED BY BINDING ARBITRATION WITH THE AMERICAN ARBITRATION
ASSOCIATION, UTILIZING THE RULES OF PROCEDURE OF SUCH
ARBITRATION SERVICE, FURT
HER, ANY SUCH ARBITRATION SHALL TAKE
PLACE IN SIOUX FALLS, SOUTH DAKOTA AND THE LAWS OF THE STATE OF
SOUTH DAKOTA SHALL APPLY. THE DECISION OF AN ARBITRATOR WILL BE
FINAL AND SUBECT TO ENFORCEMENT IN A COURT OF COMPETENT
JURISDICTION.