Arbitration Agreement For purposes of this agreement to arbitrate, "you" includes any bankruptcy. In the event that your account is sold and/or assigned, we co-applicant or authorized user on your account, or anyone else retain our right to elect arbitration of Claims by you and you retain your Please Review - Important - Affects your connected with you or claiming through you; and "we" or "us" includes right to elect arbitration of Claims by us. Legal Rights JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A., all of their . If you are covered by the Military Lending Act, then you are not This arbitration agreement provides that all disputes between you parents, subsidiaries, affiliates, successors, predecessors, employees, bound by this arbitration agreement, and to the extent required by and Chase must be resolved by BINDING ARBITRATION whenever you and related persons or entities and all third parties who are regarded the Military Lending Act, nothing in this agreement will be deemed a or we choose to submit or refer a dispute to arbitration. By accepting as agents or representatives of us in connection with the account, or the waiver of the right to legal recourse under any otherwise applicable this arbitration agreement you GIVE UP YOUR RIGHT TO GO TO COURT subject matter of the claim or dispute at issue. provision of state or federal law. (except for matters that may be taken to a small claims court). Arbitration All claims or disputes between you and us about or relating in any The only other exception to the arbitration requirement is that you have will proceed on an INDIVIDUAL BASIS, so class actions and similar way to your account, any prior account, your Cardmember Agreement the right to file and pursue a Claim in a small claims court instead of proceedings will NOT be available to you. with us (including any future amendments), any prior Cardmember arbitration if the Claim is in that court's jurisdiction and proceeds on an YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT TO ARBITRATION, Agreement, or our relationship are referred to as "Claims" for purposes individual basis. BUT IF YOU WISH TO REJECT IT, YOU MUST DO SO PROMPTLY. If you of this agreement to arbitrate. Claims include, for example, claims or If you initiate a Claim in arbitration, no changes to the terms of this do not reject this agreement to arbitration within 60 days of account disputes arising from or relating in any way to transactions involving agreement to arbitrate that are made after we receive your Claim will opening and in the manner set forth below, then: your account; any interest, charges, or fees assessed on your account; apply to that Claim. . In arbitration, your rights will be determined by a NEUTRAL any service(s) or programs related to your account; any communications This agreement to arbitrate is governed by the Federal Arbitration Act, ARBITRATOR and NOT A JUDGE OR JURY. related to your account; and any collection or credit reporting of your account. Claims also include claims or disputes arising from or 9 U.S.C. S$ 1 et seq. . The procedures in arbitration are simpler and more limited than rules relating in any way to advertising and solicitations, or the application applicable in court. Can I (the customer) reject this agreement to arbitrate? for, approval, or establishment of your account. Claims are subject Yes. You have the right to reject this agreement to arbitrate if you notify . Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT. to arbitration regardless of whether they are based on contract, tort, us within 60 days of account opening. You must do so in writing by If you do not reject this agreement as provided below within statute, regulation, common law or equity, or whether they seek legal stating that you reject this agreement to arbitrate and include your 60 days of account opening, you or we may elect to resolve any or equitable remedies. All Claims are subject to arbitration whether name, account number, address and personal signature. Your notice Claim by arbitration. they arose in the past, may currently exist, or may arise in the future. must be mailed to us at P.O. Box 15298, Wilmington, DE 19850-5298. Arbitration will apply even if your account is closed, sold, or assigned; Rejection notices sent to any other address, or sent by electronic mail you pay us in full any outstanding debt you owe; or you file for or communicated orally, will not be accepted or effective.What about class actions or representative actions? How does arbitration work? A single arbitrator designated by the arbitration administrator will Individuals sometimes seek to bring lawsuits on behalf of other, Arbitration is different from a lawsuit in state or federal court. decide the Claim under applicable law. The arbitrator is bound by the similarly situated individuals. This is often called a class action. Class Arbitration is conducted by private organizations that specialize in terms of this agreement to arbitrate. All issues are for the arbitrator actions, other similar representative procedures, and consolidation alternative dispute resolution, and is conducted before a neutral to decide, except that issues relating to the scope, enforceability, of Claims (except for claimants on the same account) are not available arbitrator instead of a judge or jury. Arbitration procedures are interpretation, formation, and validity of this arbitration agreement are under this agreement to arbitrate. Claims in arbitration will proceed generally simpler and more informal than court procedures. For for a court to decide. The arbitrator will honor all claims of privilege only on an individual basis. Additionally, you may not join your claims example, discovery is more limited in arbitration than in court. Also, recognized by law. Subject to the prohibition on class, representative, with other persons on other accounts in the arbitration; each person arbitrator decisions are subject to only limited review by courts. As and consolidation procedures set forth above, the arbitrator will have must arbitrate his or her own claims separately. discussed above, certain rights that you may have in court are not the power to award to a party any damages or other relief provided UNLESS YOU REJECT THIS AGREEMENT TO ARBITRATE, YOU AND available in arbitration. At the same time, in arbitration you are entitled for under applicable law. That is, a party will be entitled to recover WE ARE WAIVING THE RIGHT TO ASSERT OR PARTICIPATE IN A to recover attorneys' fees from us to the same extent as you would be in arbitration any damages or other relief that it could recover if it CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED in court. prevailed in a court proceeding as an individual. No arbitration award PROCEEDING IN COURT OR IN ARBITRATION. Under this agreement to arbitrate, the party filing a Claim must or decision will have any preclusive effect on issues or claims in any The arbitrator shall have no authority to entertain any Claim as a select either Judicial Arbitration and Mediation Services ("JAMS") subsequent proceedings beyond the Claims at issue. The arbitrator's class action or on any other similar representative basis, nor shall or the American Arbitration Association ("AAA") as the arbitration authority is limited to claims between you and us, and the arbitrator the arbitrator have any authority to consolidate Claims brought by administrator. You can learn more about these organizations online, can award damages or relief only to you, but not to or on behalf of separate claimants (except for claimants on the same account). To be at the addresses provided below. Each of these organizations will anyone else. clear, this means that the arbitrator also shall have no authority to apply its code of procedures in effect at the time the arbitration claim Although under some laws we may have a right to an award of make any award for the benefit of, or against, any person other than is filed. If there is a conflict between that code of procedures and attorneys' fees and expenses if we prevail, we agree that we will not the individual who is the named party. If these terms prohibiting class, this arbitration provision and/or any sections of this agreement, this seek such an award. representative, or consolidation procedures are held to be legally arbitration provision and/or this agreement will control. In the event If your Claim is for $10,000 or less, you may choose whether the unenforceable for any reason with respect to a Claim, then the Claim that JAMS or the AAA is unable or unwilling to handle the Claim for arbitration will be conducted solely on the basis of documents, through must be handled through litigation in court instead of by arbitration. any reason, then the matter shall be arbitrated instead by a neutral a telephonic hearing, or in an in-person hearing. Any in-person arbitrator selected by agreement of the parties (or, if the parties hearing will take place in the federal judicial district that includes your cannot agree, selected by a court in accordance with the Federal address at the time the Claim is filed, unless the parties agree to a Arbitration Act). different place.Is the arbitrator's decision final? Who will pay for costs? How do I (the customer) file an arbitration claim? Is there an appeal process? We will pay any costs that are required to be paid by us under the Rules and forms may be obtained from, and Claims may be filed with, The arbitrator's decision will be final and binding on the parties. An arbitration administrator's rules of procedure. Even if not otherwise JAMS (www.jamsadr.com); or the AAA (www.adr.org) at American arbitrator's award shall consist of a written statement setting forth the required, we will reimburse you up to $500 for any initial arbitration Arbitration Association Case Filing Services, 1101 Laurel Oak Road, disposition of each Claim. At the request of any party, the arbitrator filing fees you have paid. We will also pay any fees of the arbitrator Suite 100, Voorhees, NJ 08043. Both of these administrators have shall also set forth a written explanation of the essential findings and and arbitration administrator for the first two days of any hearing. If particular rules for arbitrations initiated by a consumer. conclusions on which the award is based. you win the arbitration, we will reimburse you for any fees you paid A party can file a written appeal to the arbitration administrator within to the arbitration organization and/or arbitrator. All other fees will Copyright @2022 JPMorgan Chase & Co. All rights reserved. 30 days after an award is issued. The appeal will proceed before a be allocated according to the arbitration administrator's rules and panel of three neutral arbitrators designated by the same arbitration applicable law. If you consider that you are unable to afford any fees administrator. That panel will consider all legal and factual issues that would be yours to pay to the arbitration administrator, you may anew, and make all decisions and awards by majority vote based on request that we pay or reimburse them, and we will consider your the documents and arbitration record without a hearing. Any review request in good faith. by a court shall be governed by the Federal Arbitration Act. Any final You may represent yourself in arbitration, or you may be represented arbitration award will be binding on the named parties and enforceable by a lawyer. Except as described above, you will be responsible for your by any court having jurisdiction. own attorneys' fees and costs