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  1. <b>25. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION.</b>
  2.  
  3. <b>General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED
  4. BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL
  5. ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO
  6. PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE
  7. LIMITED.</b> This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination.
  8. Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or
  9. any additional cardholder, on the one hand; and us, our affiliates, agents and/or PayPal, Inc., on the other hand, if the dispute or claim arises from or relates to
  10. your Account. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an
  11. individual case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by
  12. claiming that we engaged in any wrongdoing, we may require you to arbitrate.
  13.  
  14. <b>YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR
  15. ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONAL
  16. CARDHOLDER WITH YOU ON YOUR ACCOUNT (AN “UNRELATED CARDHOLDER”), AND YOU AGREE THAT NO UNRELATED CARDHOLDER
  17. MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED
  18. IN A SINGLE ARBITRATION.</b> Only a court may decide whether any part of this paragraph is enforceable. If it is finally determined that this paragraph is
  19. not fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision will be null and void, provided that the court’s
  20. determination concerning the enforceability of this paragraph shall be subject to appeal.
  21.  
  22. <b>Starting an Arbitration.</b> If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after the
  23. beginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Money Bank, Legal Operation, P.O. Box 29110,
  24. Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND and our notice must be sent to the most recent address for you in our files. The party seeking
  25. arbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019,
  26. www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither the AAA nor JAMS
  27. is able or willing to handle the dispute, then the parties will resolve their dispute in court.
  28. The arbitration administrator will appoint the arbitrator and tell the parties what to do next. The arbitrator must be a lawyer with at least ten years legal
  29. experience. In making decisions or awarding remedies, the arbitrator must apply the same law and legal principles that would apply in court, but may use
  30. different procedural rules. If the administrator’s rules conflict with this Provision, this Provision will control.
  31.  
  32. <b>Arbitration Location and Fees.</b> The arbitration will take place by phone or at a location reasonably convenient to you. Upon your request, we will normally
  33. pay all the fees the administrator or arbitrator charges, if we believe you are acting in good faith. We will always pay these arbitration costs, as well as your legal
  34. fees and costs, to the extent required under applicable law or in order for this Provision to be enforced.
  35.  
  36. <b>Governing Law.</b> This Provision is governed by the Federal Arbitration Act (the “FAA”). Utah law shall apply to the extent state law is relevant under Section 2
  37. of the FAA in determining the validity of this Provision. The arbitrator must follow: (1) the substantive law, consistent with the FAA, that would apply if the matter
  38. had been brought in court, (2) this Provision, and (3) the administrator’s rules. The arbitrator’s decision will be final and binding, except for any appeal right under
  39. the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
  40.  
  41. <b>Rejecting this Provision. You may reject this Provision, in which case only a court may be used to resolve any dispute or claim. Rejection will not
  42. affect any other aspect of the cardholder agreement.</b> To reject, you must send us a notice within 60 days after you open your account or we first provide
  43. you with a right to reject this Provision. The notice must include your name, address, and account number and be mailed to GE Money Bank, P.O. Box 965012,
  44. Orlando, FL 32896-5012. This is the only way you can reject this Provision.
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