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- <b>25. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION.</b>
- <b>General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED
- BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL
- ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO
- PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE
- 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.
- 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
- 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
- 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
- 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
- claiming that we engaged in any wrongdoing, we may require you to arbitrate.
- <b>YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR
- ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONAL
- CARDHOLDER WITH YOU ON YOUR ACCOUNT (AN “UNRELATED CARDHOLDER”), AND YOU AGREE THAT NO UNRELATED CARDHOLDER
- MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED
- 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
- 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
- determination concerning the enforceability of this paragraph shall be subject to appeal.
- <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
- 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,
- 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
- arbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019,
- 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
- is able or willing to handle the dispute, then the parties will resolve their dispute in court.
- 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
- 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
- different procedural rules. If the administrator’s rules conflict with this Provision, this Provision will control.
- <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
- 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
- fees and costs, to the extent required under applicable law or in order for this Provision to be enforced.
- <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
- 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
- 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
- the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
- <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
- 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
- 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,
- Orlando, FL 32896-5012. This is the only way you can reject this Provision.
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