elect to arbitrate any claim at any time unless it has
been filed in court and trial has begun or final judgment
has been entered. Either you or we may delay enforcing
or not exercise rights under this Arbitration provision,
including the right to arbitrate a claim, without waiving
the right to exercise or enforce those rights.
Limitations on Arbitration
If either party elects to resolve a claim by arbitration,
that claim will be arbitrated on an individual basis.
There will be no right or authority for any claims to
be arbitrated on a class action basis or on bases
involving claims brought in a purported
representative capacity on behalf of the general
public, other Card Members or other persons
similarly situated.
Notwithstanding any other provision and without waiving
the right to appeal such decision, if any portion of these
Limitations on Arbitration is deemed invalid or
unenforceable, then the entire Arbitration provision (other
than this sentence) will not apply.
Arbitration Procedures
This Arbitration provision is governed by the FAA. The
arbitrator will apply applicable substantive law, statutes of
limitations and privileges. The arbitrator will not apply any
federal or state rules of civil procedure or evidence in
matters relating to evidence or discovery. Subject to the
Limitations on Arbitration, the arbitrator may otherwise
award any relief available in court. You and we agree that
the arbitration will be confidential. You and we agree that
we will not disclose the content of the arbitration
proceeding or its outcome to anyone, but you or we may
notify any government authority of the claim as permitted
or required by law.
If your claim is for $10,000 or less, you may choose
whether the arbitration will be conducted solely on the
basis of documents, through a telephonic hearing, or by
an in-person hearing. At any party's request, the arbitrator
will provide a brief written explanation of the award. The
arbitrator's award will be final and binding, subject to each
party's right to appeal as stated in this section and/or to
challenge or appeal an arbitration award pursuant to the
FAA. To initiate an appeal, a party must notify the
arbitration organization and all parties in writing within 35
days after the arbitrator's award is issued. The arbitration
organization will appoint a three-arbitrator panel to decide
anew, by majority vote based on written submissions, any
aspect of the decision objected to. The appeal will
otherwise proceed pursuant to the arbitration
organization's appellate rules. Judgment upon any
award may be entered in any court having jurisdiction. At
your election, arbitration hearings will take place in the
federal judicial district of your residence.
Arbitration Fees and Costs
You will be responsible for paying your share of any
arbitration fees (including filing, administrative, hearing
or other fees), but only up to the amount of the filing
fees you would have incurred if you had brought a
claim in court. We will be responsible for any additional
arbitration fees. At your written request, we will
consider in good faith making a temporary advance of
your share of any arbitration fees, or paying for the
reasonable fees of an expert appointed by the
arbitrator for good cause.
Additional Arbitration Awards
If the arbitrator rules in your favor for an amount greater
than any final offer we made before the final hearing in
arbitration, the arbitrator's award will include:
1. Any money to which you are entitled, but in
no case less than $5,000; and
2. Any reasonable attorneys' fees, costs and
expert and other witness fees.
Continuation
This section will survive termination of the program or
your participation in it. If any portion of this Claims
Resolution section, except as otherwise provided in
the Limitations on Arbitration subsection, is deemed
invalid or unenforceable, it will not invalidate the
remaining portions of this Claims Resolution section.
Claims Resolution for Military Lending Act
(MLA) Covered Borrowers
Most customer concerns can be resolved by calling our
Customer Service Department at the number listed on
the back of your Card. In the event Customer Service is
unable to resolve a complaint to your satisfaction, this
section explains how claims
can be resolved through litigation, non-binding
mediation or, at your election, arbitration. You are not
required to resolve any claims by mediation and
arbitration. For this section, you and us includes any
corporate parents, subsidiaries, affiliates or
related persons or entities. Claim means any current
or future claim, dispute or controversy relating to your
participation in the program, these Terms &
Conditions, or any prior program agreement, except for
the validity, enforceability or scope of the Arbitration
provision. Claim includes but is not limited to:
1. Initial claims, counterclaims, cross-claims and
third-party claims;
2. Claims based upon contract, tort, fraud,
statute, regulation, common law and equity;
3. Claims by or against any third party using or
providing any product or service in
connection with the program; and
4. Claims that arise from or relate to (a) the
program account or any point balances on
the program account, (b) advertisements,
promotions or statements related to
the program or any reward, and (c) the
redemption for and use of any reward. You
may not sell, assign or transfer a claim.