Common use of Right to Reject Arbitration Provision Clause in Contracts

Right to Reject Arbitration Provision. If you act promptly, you may reject this Section XXIII, in which event neither you nor we will have the right to require arbitration of any Claims. To reject this Section XXIII, either immediately or later, you must either: (i) immediately refrain from the use of the Card, save your receipt and Card statements, and call us at 0-000-000-0000 to cancel and request a refund; or (ii) if you decide at a later date, you must do so within 60 days after you open your Card. Any rejection notice must be signed by you and must include your name, address and telephone number. You must mail your rejection notice by certified or registered mail or send it by messenger service (such as UPS or Federal Express) to Insight Card Services 000 Xxxxxx Xxxxxxx Xxxx Xxxxx 000, Xxxxxxxxxx, XX 00000. In the event of any dispute concerning whether you have provided a timely rejection notice, you must provide a signed receipt or proof of mailing. This is the only method you can use to reject this Section XXIII. In so doing, all other terms and conditions of this Agreement will be null and void and your rights to claim a complete refund will be honored promptly following the cancellation of your Card. How Arbitration Works. • What Claims are subject to arbitration? All Claims relating to your Card, a prior related Card, or our relationship are subject to arbitration, excluding our collection of amounts due hereunder, but including Claims regarding the application, enforceability, or interpretation of this Agreement and this Section XXIII. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. • Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as an authorized user of your Card, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. • What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your Card, are subject to arbitration. • Broadest interpretation. Any questions about whether Claims are subject to arbitration will be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”). • What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. • How does a party initiate arbitration? The party filing for arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: (i) American Arbitration Association; or (ii) JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000 Chicago, IL 60601-7601 Website: xxx.xxx.xxx JAMS 0000 Xxxx Xxxxxx, Xxxxx 000 Irvine, CA 92614 Website: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 10 years’ experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration will determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and will not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Also, we will pay some or all of the fees described in this paragraph if we lose or to the extent we are required to pay these fees in order to enforce this arbitration provision. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, Secondary Cardholders, authorized users on a single Card and/or related Cards, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.

Right to Reject Arbitration Provision. If you act promptly, you may reject this Section XXIII, in which event neither you nor we will have the right to require arbitration of any Claims. To reject this Section XXIII, either immediately or later, you must either: (i) immediately refrain from the use of the Card, save your receipt and Card statements, and call us at 0-000-000-0000 to cancel and request a refund; or (ii) if you decide at a later date, you must do so within 60 days after you open your Card. Any rejection notice must be signed by you and must include your name, address and telephone number. You must mail your rejection notice by certified or registered mail or send it by messenger service (such as UPS or Federal Express) to Insight Card Services 000 Xxxxxx Xxxxxxx 0000 Xxxxx Xxxx Xxxxx XXX. 000, XxxxxxxxxxXxxxxxxxxx XX, XX 00000. In the event of any dispute concerning whether you have provided a timely rejection notice, you must provide a signed receipt or proof of mailing. This is the only method you can use to reject this Section XXIII. In so doing, all other terms and conditions of this Agreement will be null and void and your rights to claim a complete refund will be honored promptly following the cancellation of your Card. How Arbitration Works. • What Claims are subject to arbitration? All Claims relating to your Card, a prior related Card, or our relationship are subject to arbitration, excluding our collection of amounts due hereunder, but including Claims regarding the application, enforceability, or interpretation of this Agreement and this Section XXIII. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. • Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as an authorized user of your Card, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. • What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your Card, are subject to arbitration. • Broadest interpretation. Any questions about whether Claims are subject to arbitration will be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”). • What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. • How does a party initiate arbitration? The party filing for arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: (i) American Arbitration Association; or (ii) JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000 Chicago, IL 60601-7601 Website: xxx.xxx.xxx JAMS 0000 Xxxx Xxxxxx, Xxxxx 000 Irvine, CA 92614 Website: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 10 years’ experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration will determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and will not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Also, we will pay some or all of the fees described in this paragraph if we lose or to the extent we are required to pay these fees in order to enforce this arbitration provision. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, Secondary Cardholders, authorized users on a single Card and/or related Cards, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.

Right to Reject Arbitration Provision. If you act promptly, you You may reject this Section XXIIIArbitration Provision and therefore not be subject to being required to resolve any claim, in which event neither you nor we will have the right to require arbitration of any Claimsdispute or controversy by arbitration. To reject this Section XXIIIArbitration Provision, either immediately or lateryou, and only you personally, must either: send us written notice of your decision so that we receive it at the address listed below within forty-five (i45) immediately refrain from the use days of the Card, save opening date of your receipt and Card statements, and call us at 0-000-000-0000 to cancel and request a refund; or Credit (ii) if you decide at a later date, you must do so within 60 days after you open the date of your CardAgreement). Any rejection Such notice must be signed by include a statement that you and must include wish to reject this Arbitration Provision along with your name, address address, account name, account number and telephone number. You your signature and must mail your rejection notice by certified or registered mail or send it by messenger service (such as UPS or Federal Express) be mailed to Insight Card Services 000 Xxxxxx Xxxxxxx Xxxx Xxxxx 000the Truist Bank Legal Department, XxxxxxxxxxAttn: Arbitration Rejection, XX 00000. In the event of any dispute concerning whether you have provided a timely rejection noticeP.O. Box 2848, you must provide a signed receipt or proof of mailingMail Code 2034, Orlando, FL 32802-2848. This is the sole and only method by which you can use reject this Arbitration Provision and any attempt to reject this Section XXIII. In so doing, all other terms and conditions of this Agreement will be null and void and your rights to claim a complete refund will be honored promptly following the cancellation of your Card. How Arbitration Works. • What Claims are subject to arbitration? All Claims relating to your Card, a prior related Card, or our relationship are subject to arbitration, excluding our collection of amounts due hereunder, but including Claims regarding the application, enforceability, or interpretation of this Agreement and this Section XXIII. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding Provision by any other party. • Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by person or against anyone connected with us through any other method or you or claiming through us or you, such as an authorized user form of your Card, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. • What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or futurenotice, including Claims arising before the opening of your Card, are subject to arbitration. • Broadest interpretation. Any questions about whether Claims are subject to arbitration will be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”). • What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. • How does a party initiate arbitration? The party filing for arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: (i) American Arbitration Association; or (ii) JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000 Chicago, IL 60601-7601 Website: xxx.xxx.xxx JAMS 0000 Xxxx Xxxxxx, Xxxxx 000 Irvine, CA 92614 Website: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been enteredwill be ineffective. Even if a party fails You agree that your rejection of this Arbitration Provision shall not be imputed to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claimsperson or entity or be deemed to be a rejection of this Arbitration Provision by any person or entity other than you. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 10 years’ experience Nor shall your rejection of this Arbitration Provision eliminate the obligation of other persons or a retired or former judge, selected in accordance entities who wish to reject this Arbitration Provision to personally comply with the rules notice and time requirements of the arbitration firmthis paragraph. The arbitration Rejection of this Arbitration Provision will follow procedures not affect any remaining terms of this Credit and rules of the arbitration firm will not result in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available any adverse consequence to you or usyour Credit. The arbitrator You agree that our business records will take reasonable steps be final and conclusive with respect to protect customer information whether you rejected this Arbitration Provision in a timely and other confidential information if requested to do so by you or usproper fashion. The arbitrator This Arbitration Provision will apply applicable substantive law consistent with the FAA to you and applicable statutes of limitations, will honor claims of privilege recognized at law, us and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration will determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and will not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, your Credit unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee reject it by providing proper and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated timely notice as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Also, we will pay some or all of the fees described in this paragraph if we lose or to the extent we are required to pay these fees in order to enforce this arbitration provision. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, Secondary Cardholders, authorized users on a single Card and/or related Cards, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable lawstated herein.

Right to Reject Arbitration Provision. If you act promptly, you may reject this Section XXIII, in which event neither you nor we will have the right to require arbitration of any Claims. To reject this Section XXIII, either immediately or later, you must either: (i) immediately refrain from the use of the Card, save your receipt and Card statements, and call us at 0-000-000-0000 to cancel and request a refund; or (ii) if you decide at a later date, you must do so within 60 days after you open your Card. Any rejection notice must be signed by you and must include your name, address and telephone number. You must mail your rejection notice by certified or registered mail or send it by messenger service (such as UPS or Federal Express) to Insight Card Services 000 Xxxxxx Xxxxxxx Xxxx Xxxxx 000, Xxxxxxxxxx, XX 00000. In the event of any dispute concerning whether you have provided a timely rejection notice, you must provide a signed receipt or proof of mailing. This is the only method you can use to reject this Section XXIII. In so doing, all other terms and conditions of this Agreement will be null and void and your rights to claim a complete refund will be honored promptly following the cancellation of your Card. How Arbitration Works. • What Claims are subject to arbitration? All Claims relating to your Card, a prior related Card, or our relationship are subject to arbitration, excluding our collection of amounts due hereunder, but including Claims regarding the application, enforceability, or interpretation of this Agreement and this Section XXIII. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. • Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as an authorized user of your Card, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. • What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your Card, are subject to arbitration. • Broadest interpretation. Any questions about whether Claims are subject to arbitration will be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”). • What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. • How does a party initiate arbitration? The party filing for arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: (i) American Arbitration Association; or (ii) JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000 Chicago, IL 60601-7601 Website: xxx.xxx.xxx JAMS 0000 Xxxx Xxxxxx, Xxxxx 000 Irvine, CA 92614 Website: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least 10 years’ experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration will determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and will not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. • Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Also, we will pay some or all of the fees described in this paragraph if we lose or to the extent we are required to pay these fees in order to enforce this arbitration provision. • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, Secondary Cardholders, authorized users on a single Card and/or related Cards, or corporate affiliates are here considered as one person. • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days have passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law. Insight Visa® Prepaid Reloadable Card issued by Republic Bank of Chicago, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Pay as You Go plan Monthly plan Plan fee $0 $9.95* per mo. Per purchase $2.00† $1.00 ATM withdrawal $2.50 $2.50 Cash reload $5.95† $5.95† ATM balance inquiry $1.00 $1.00 Live customer service (per call) $1.00 $1.00 Inactivity (after 90 days w/ no trans.) $3.95 per mo. $0 We charge 14 other types of fees. Here is one of them: Declined card transaction $1.00 $1.00 *$5.00 monthly fee if you receive direct deposits every 35 days. †This fee can be lower depending on how and where this card is used. No overdraft/credit feature. Your funds are eligible for FDIC insurance. For general information about prepaid accounts, visit xxxx.xxx/xxxxxxx. Find details and conditions for all fees and services in the cardholder agreement.