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Arbitration procedures are generally simpler than
the rules that apply in court, and discovery is
more limited. The arbitrator's authority is limited
to claims between you and us alone. Claims may
not be joined or consolidated unless you and
we agree in writing. An arbitration award and
any judgment confirming it will apply only to the
specific case and cannot be used in any other
case except to enforce the award. The arbitrator's
decisions are as enforceable as any court order
and are subject to very limited review by a
court. Except as set forth below, the arbitrator's
decision will be final and binding. Other rights
you or we would have in court may also not be
available in arbitration.
Initiating Arbitration
Before beginning arbitration, you or we must first send
a claim notice. Claims will be referred to either JAMS
or AAA, as selected by the party electing arbitration.
Claims will be resolved pursuant to this Arbitration
provision and the selected organization's rules in
effect when the claim is filed, except where those
rules conflict with these Terms & Conditions. If we
choose the organization, you may select the other
within 30 days after receiving notice of our selection.
Contact JAMS or AAA to begin an arbitration or for
other information. Claims also may be referred to
another arbitration organization if you and we agree
in writing or to an arbitrator appointed pursuant to
section 5 of the Federal Arbitration Act, 9 U.S.C. §§
1-16 (FAA).
We will not elect arbitration for any claim you file in
small claims court, so long as the claim is individual
and pending only in that court. You or we may
otherwise 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.