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Terms for Your Chase Pay Wallet

These Terms for Your Chase Pay Wallet (the “Terms”) govern your use of the Chase Pay Wallet  (“Chase Pay”) and, subject to Section 6 of these Terms, any eligible credit card, debit card, prepaid card, or other card (each, a “Card”) provisioned or stored in the Chase Pay Wallet.  In these Terms, “you” and “your” refer to the cardholder of the Card, and “we,” “us,” “our,” and “Chase” refer to JPMorgan Chase Bank, N.A., the provider of Chase Pay.  The term “Card Issuer” means the issuer of your Card, which may be us or any other issuer of an eligible Card.  When we use the word “merchant” in these Terms, it also includes “retailers”.  When you use or request Chase Pay, you agree to these Terms. 

1. Chase Pay.  Chase Pay is a service that allows the electronic storing of your Card information, which we sometimes refer to as adding a Card to or provisioning a Card for use with Chase Pay, and allows you to use such stored, eligible Cards to enter into transactions where Chase Pay is accepted.  When you enroll in Chase Pay, you agree that we may add or provision all your eligible Chase Cards (e.g., those you have now and those you obtain or open in the future) onto Chase Pay, unless you remove them as described in Section 5 below, and each may be used as the payment source for your Chase Pay transactions. When you use Chase Pay, you request us to provide the merchant, the applicable payment network (such as Visa) and others (such as a payment processing entity or a token service provider) your selected Card information and other information that’s associated with the selected Card, to allow your transaction to be completed and/or to facilitate customer participation in customer benefit programs such as loyalty and rewards programs to the extent maintained by those third parties.

2. Chase Pay Information.  You agree that the information you provide to us to establish Chase Pay will be complete and accurate.  You will keep any passwords, PINs and/or User IDs that access Chase Pay confidential.  If you disclose your Chase Pay passwords, PINs, and/or User IDs to any person(s) or entity, you are authorizing that person or entity to transact on your behalf as if they were an authorized user of your Cards and you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity to access or other means to use your Chase Pay password, PIN or User ID, you are authorizing any transactions and activities performed by them. You are also agreeing to be responsible for any use of your personal and Chase Pay information.  Notify us immediately if any of your Chase Pay passwords, PINs, or User IDs is lost or stolen. 

3. You agree and acknowledge that the transaction history displayed in the Chase Pay Wallet solely represents our authorization of your Chase Pay Wallet transaction and may not reflect any post-authorization activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for your Chase Pay Wallet transaction history in connection with use of your Card in the Chase Pay Wallet may be preliminary and may not match the transaction amount that ultimately clears, settles, and posts to your Card’s billing or monthly statement.

4. Representation and Warranty. You represent and warrant to us that: (i) you have the authority to authorize the receipt of notices, calls and text messages from us at the email address or phone number you provide; (ii) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations, and with the applicable CardMember Agreement or account agreement that governs the Card, as amended from time to time; (iii) you will not use your Card through the Chase Pay Wallet for any fraudulent undertaking or in any manner so as to interfere with the operation of the Chase Pay Wallet; and (iv) you are 18 years old or older and are capable of entering into this legally binding agreement.

5. Removing Your Card Information.  Only Cards that we determine are eligible can be added to or provisioned for use with Chase Pay.  You may designate any Card stored in the Chase Pay Wallet to be temporarily inaccessible (and similarly, re-designate such Card to be accessible) for use with Chase Pay at any time by following our instructions as provided from time to time.  If your Card or underlying account is not in good standing, that Card will not be eligible to be added to or provisioned for use with Chase Pay.  We may determine other eligibility criteria in our sole discretion.  When your Card information is added or provisioned onto Chase Pay, Chase Pay allows you to use the Card to enter into transactions where Chase Pay is accepted.  Chase Pay may not be accepted at all merchants where your Card is accepted, and we also reserve the right to terminate a merchant’s acceptance of Chase Pay at any time.   You can also remove one or more of your Cards from Chase Pay at any time by calling us or following our instructions as provided from time to time. 

6. Your Card Terms Do Not Change.  When a Card is added or provisioned onto Chase Pay, the terms and the agreement that govern your Card do not change. The applicable CardMember Agreement or account agreement that governs the Card, as amended from time to time, are incorporated by reference as part of these Terms. Please review those agreements, as applicable, for important information on your rights and responsibilities when making purchases through Chase Pay.  Chase Pay provides another way for you to make purchases with the Card.  Chase Pay may also allow you to access certain features of a Card issued by Chase, or the rewards programs associated with that Card, such as the ability to pay with points.  For avoidance of doubt, in that case, these Terms, the CardMember Agreement or account agreement that governs the Card, and any agreement governing the rewards program, will apply.  For the avoidance of doubt, in that case, these Terms cover only those elements not governed by the CardMember Agreement or account agreement that governs the Card, and any agreement governing the rewards program. 

7. Applicable Fees.  Any applicable interest, fees, and charges that apply to your Card or underlying account will also apply when you use Chase Pay.  We do not charge you any additional fees for using Chase Pay.  In addition, third parties such as wireless companies, data service providers and your Card Issuer may charge you fees. You are solely responsible for reporting and paying any applicable taxes arising from transactions originated using your Card information transmitted by Chase Pay and you shall comply with any and all applicable tax laws in connection therewith.

8. Chase Is Not Responsible for Third Parties.  Using Chase Pay may depend on your relationship with other third parties, including other Card Issuers.  We are not responsible for any aspect of those relationships, or for the performance or non-performance of these third parties. If your Card is not issued by us, we do not process payments or act as a service provider of your Card Issuer.  Instead, our role is limited to providing information to a merchant, the applicable payment network (such as Visa) and others (such as a payment processing entity or a token service provider) to allow that party to honor your Card and/or to facilitate customer participation in customer benefit programs such as loyalty and rewards programs to the extent maintained by those third parties.  Transactions between you and a merchant are governed by the merchant’s terms and conditions.  Unless we are the Card Issuer, we do not endorse or assume any liability for any Card you use, and we do not have any liability for payments, returns, refunds, chargebacks, loyalty and rewards related offers and benefits or any disputes between you and your Card issuer or between you and a merchant or other third parties. 

9. Contacting You Electronically, and by Email.  You consent to receive electronic communications and disclosures from us in connection with your Card and Chase Pay.  You agree that we can contact you by email at any email address you provide to us in connection with any Chase product, service or account.   It may include contact from companies working on our behalf to service your accounts.  If at any time you revoke this consent, your Chase Pay Wallet activation may be cancelled. You agree to update your contact information with us when it changes. 

10. Deactivating Chase Pay.  You can deactivate Chase Pay at any time by calling us or  following the instructions we provide from time to time.  We can also deactivate Chase Pay at any time, or otherwise block, restrict or suspend your access to or use of any Card or Chase Pay at any time and for any reason.  These reasons include, but are not limited to, if we suspect fraud or illegal, unauthorized or improper conduct. 

11. Privacy.  Your privacy and the security of your information are important to us.  Our Online Privacy Policy and, where appropriate, our U.S. Consumer Privacy Notice, as amended from time to time (available online at https://chase.com) applies to your use of Chase Pay and your Card in Chase Pay. You agree that we may collect, use and share your personal information in accordance with each of the Online Privacy Policy and the U.S. Consumer Privacy Notice, and to provide the services you have requested, including to add or include your Card to Chase Pay and to maintain Chase Pay.  Our sharing of your information may include providing a merchant, the applicable payment network (such as Visa) and others (such as a payment processing entity or a token service provider) your name, card number, card expiration date, email address, phone number, billing address, and shipping address as required to complete a purchase using Chase Pay, and/or to facilitate customer participation in customer benefit programs such as loyalty and rewards programs to the extent maintained by those third parties. We can also share your information in order to make information available to you about your Card transactions, and to improve our ability to offer these services.  Once we share your information with a merchant or such other third party, you agree that the merchant or such other third party, and not Chase, is responsible for the security and use of your information, and that your data will be subject to their privacy policies.  You acknowledge that the use and disclosure of any personal information provided by you directly to the payment network (such as Visa) or other third parties will be governed by such party’s privacy policy and not our Online Privacy Policy or Privacy Notice.

12. Access and License.  Your use of Chase Pay may involve software products (such as mobile applications) and other proprietary products or services made available to you as well as online websites (together, the “Access Materials”).  We grant to you, for your personal or internal business purposes only, a non-exclusive, non-transferable limited and revocable right to access and use the Access Materials as well as any software in object code solely to use Chase Pay.  Any software provided through the Access Materials must be downloaded by you in the United States.  You agree not to use Chase Pay or the Access Materials for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Access Materials without our prior written consent. You agree not to attempt to log on to the Access Materials from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Attempts to log on to the Access Materials from one of these countries are monitored and may result in your access being restricted and/or terminated.

You may not, and will not allow or cause any third party to do the following:

(a) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Access Materials, or use the Access Materials to develop similar functionality.

(b) Copy any portion of the Access Materials, except as expressly permitted by these Terms.

(c) Sublicense, distribute, export or resell any portion of the Access Materials or otherwise transfer any rights.

(d) Remove any proprietary or intellectual property rights notices or labels on the Access Materials.

(e) use the Access Materials in connection with any fraudulent or illegal conduct, transaction or business, as determined by us in our sole discretion.

(f) act as a payment intermediary, aggregator or service bureau yourself or on behalf of any third party, including, without limitation, handling, processing or transmitting funds for any third party.

(g) Exercise any other right to the Access Materials not expressly granted in these Terms.

We, or our licensors, own all right, title and interest, including, without limitation, all intellectual property rights (including all names, trade names, trademarks, service marks, slogans, logos or other indicia), in and to the Access Materials. No license or other right in or to the Access Materials is granted to you except for the rights specifically set forth in these Terms.

13. Computer Equipment; Browser Access and Internet Services.  

You agree that you have requested the Chase Pay service and the Access Materials for your use.

Generally, computer equipment, browsers and other software, and internet access are your responsibility.  You agree that you have made your own independent assessment of the adequacy of the Internet and systems and that you are satisfied with that assessment.  That also means that you are responsible for:

  • Obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Personal Systems”) necessary for you to access and use the Access Materials and Chase Pay. 
  • Utilizing up to date web-browsers and access devices and encryption, antivirus, anti-spyware, and internet security software.  
  • Obtaining Internet services via the Internet service provider of your choice.
  • Any and all fees imposed by such Internet service provider and any associated communications service provider charges. 
  • The data security of the Personal Systems used to access the Access Materials, and for the transmission and receipt of information using such Personal Systems.
  • The possibility of certain security, corruption, transmission error, and access availability risks associated with the Internet.

Because these are your responsibility, you acknowledge that we are not responsible for:

  • Any errors or problems that arise from the malfunction or failure of the Internet or your Personal Systems.
  • Notifying you of any upgrades, fixes, or enhancements.
  • Providing technical or other support for your Personal Systems.

Although we may provide a link to a third party site where you may download software, or make Chase Pay available through a third party tool, application or other platform, we make no endorsement or warranty of any specific software, hardware or internet service provider. Your use of any software, hardware or service may also be subject to the license or other agreements of that provider, in addition to these Terms.    

14. Limitation of Liability; No Warranties.  EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO:

(a) THE SYSTEMS, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF.

(b) ACCESS TO OR USE OF CHASE PAY OR ACCESS MATERIALS (INCLUDING ANY TERMINATION OR SUSPENSION THEREOF).

(c) YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT.

(d) FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES.

(e) TELEPHONE OR OTHER CONNECTION PROBLEMS.

(f) BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM.

(g) FAILURE OR UNAVAILABILITY OF INTERNET ACCESS.

(h) PROBLEMS WITH INTERNET SERVICE PROVIDERS.

(i) PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES.

(j) PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE:

  • YOUR USE OF CHASE PAY AND ACCESS MATERIALS IS AT YOUR SOLE RISK.
  • CHASE PAY AND ACCESS MATERIALS AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS", "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.

YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT CHASE PAY OR ACCESS MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO CHASE PAY AND THE ACCESS MATERIALS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES.  NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.  THE INCLUSION OF A MERCHANT’S PRODUCTS OR SERVICES IN ANY PRODUCT, SERVICE OR TECHNOLOGY THAT ALLOWS OR REQUIRES YOU TO USE CHASE PAY DOES NOT CONSTITUTE ANY APPROVAL, ENDORSEMENT OR WARRANTY BY US OF SUCH PRODUCTS OR SERVICES OR OF THE MERCHANT OFFERING THEM.

15. Other Agreements.  You agree to be bound by and comply with other written requirements we may furnish to you in connection with either Chase Pay, the Access Materials, or products which may be accessed via Chase Pay. These requirements may include, but are not limited to, all end user license agreements, and all applicable State and Federal laws and regulations.

16. Indemnity.  You acknowledge and agree that you are personally responsible for your conduct while using Chase Pay or Access Materials. You agree to indemnify and hold us, our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind. This includes, but is not limited to:  

  • Reasonable attorneys' fees and costs that we may incur in connection with a third party claim or otherwise related to your use of Chase Pay or Access Materials.
  • The use of Chase Pay or Access Materials by anyone using your Card number, PIN, User ID or password.
  • Your violation of these Terms or the rights of any third party (including, but not limited to, privacy rights). 

Your obligations under this paragraph shall survive termination of these Terms or the termination of the Chase Pay service by you or us.

17. Links.  Our websites may contain third party content and links to other third party apps or web sites (collectively, “Linked Sites”). We are not responsible for, nor do we control, the content, products, or services provided by Linked Sites. We do not endorse or guarantee the products, information or recommendations provided by Linked Sites, and are not liable for any failure of products or services advertised on those sites. In addition, each third party site may provide less security than we do and have a privacy policy different than ours. Your access, use and reliance upon such content, products or services is at your own risk. 

18. Risk Of Loss.  In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

19. Mobile Services.  Your enrollment in Chase Pay and Access Materials may include access through a mobile device, web-browser or a mobile app (“Mobile Services”).  By using the Mobile Services, you agree that we may send you information related to Mobile Services through your mobile device or communication service provider.  Your mobile device service provider is acting as your agent in this capacity.  You understand and agree these services may include personal or confidential information about you such as your Card or Chase Pay transactional activity or status.  Delivery and receipt of information through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers and manufacturers, operating systems providers, and other parties, or because of other reasons outside of our control.

We will not be liable for losses or damages arising from any disclosure of Card or account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content you provide, information and instructions sent through the Mobile Services. 

We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.

The products, services or functionality of Chase Pay or Access Materials may not be available when you use a mobile device; therefore, you may not be able to use all the products and services described.

We reserve the right to determine your eligibility for any product, service, or functionality. 

Your obligation under this paragraph shall survive termination of these Terms or the termination of the Chase Pay service by you or us.

20. Merchant Offers.  Through your enrollment in Chase Pay and Access Materials, you may be presented with certain discounts, rebates or other benefits and offers (“Offers”) from merchants that may be of interest to you.  In order to use these Offers, you may be required to register with the merchant or service provider, which may include providing personal information and agreeing to additional terms of use.  Offers from merchants may not always be available and may change without notice.  We, or any merchant, may provide you with additional terms, conditions or disclosures related to these Offers. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your CardMember Agreement or the account agreement that governs your Card, all matters related to these Offers, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through the Chase Pay Wallet or the Offers that they provide.  

21. Governing Law.  These Terms are governed by federal law and, to the extent that state law applies, the laws of the state of New York and will apply no matter where you live or use Chase Pay.  If any provision of these Terms conflicts with the law under which this Agreement is to be construed or if any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

 

22. Ending or Changing these Terms; Assignments. You cannot change these Terms, but you can terminate these Terms at any time by removing all Cards from Chase Pay.  You may not assign these Terms.   

We can terminate these Terms at any time.  We can also change these Terms, add or delete any items in these Terms, at any time.  Your use of Chase Pay after we have made such changes available will be considered your agreement to the changes.  We will provide notice if required by law.  We can also assign these Terms.  Furthermore, subject to applicable law, at any time we may (i) terminate your use of any Cards in connection with the Chase Pay Wallet, (ii) modify or suspend the type or dollar amounts of transactions allowed using Cards in connection with the Chase Pay Wallet, (iii) change a Card’s eligibility for use with the Chase Pay Wallet and/or (iv) change the Card authentication process.

23. Notices.  We can provide notices to you concerning these Terms and your use of Chase Pay by any or all of the following sources:

  • Posting the material on our website,
  • Through electronic notice given to any electronic mailbox we maintain for you,
  • Any other email address or telephone number you provide to us,
  • The current address we have on file for you. 

24. Arbitration. 

You and we agree that upon the election of either of us, any dispute relating in any way to your Chase Pay relationship with us or your use of Chase Pay will be resolved by binding arbitration as discussed below, and not through litigation in any court (except for matters in small claims court). This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”).  Notwithstanding, transactions conducted using the Card are subject to the same rights and obligations as stated in the applicable CardMember Agreement or account agreement that governs the Card, as amended from time to time.  Please review those agreements for further information.

YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE ON A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION.

ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT.

What claims or disputes are subject to arbitration?

Claims or disputes between you and us about Chase Pay, transactions involving Chase Pay, and any related service with us are subject to arbitration. Any claims or disputes arising from or relating to these Terms, any prior Chase Pay agreement between us, or the advertising, the application for, or the approval or establishment of your Chase Pay Wallet are also included. Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. All such claims or disputes are referred to in this agreement as “Claims.”

The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis.

What about class actions or representative actions?

Claims in arbitration will proceed on an individual basis, on behalf of the named parties only.

YOU AND WE AGREE NOT TO:

1)         SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING;

2)         SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS, UNLESS ALL PARTIES AGREE;

3)         BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR

4)         SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION.

If these terms relating to class or representative procedures are legally unenforceable for any reason with respect to a Claim, then this agreement to arbitrate will be inapplicable to that Claim, and the Claim will instead be handled through litigation in court rather than by arbitration. No arbitrator shall have authority to entertain any Claim on behalf of a person who is not a named party, nor shall any arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party.

Does arbitration apply to Claims involving third parties?

Arbitration applies whenever there is a Claim between you and us. If a third party is also involved in a Claim between you and us, then the Claim will be decided with respect to the third party in arbitration as well, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. For purposes of arbitration, “we” includes JPMorgan Chase Bank, N.A., all its affiliates, and all third parties who are regarded as agents or representatives of ours in connection with a Claim. (If we assign this agreement to an unaffiliated third party, then “we” includes that third party.)

The arbitration may not be consolidated with any other arbitration proceeding.

How does arbitration work?

The party filing a Claim in arbitration must select either: JAMS or the American Arbitration Association (“AAA”) as the arbitration administrator. That organization will apply its code of procedures in effect at the time the arbitration claim is filed. If there is a conflict between that code of procedures and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. In the event that JAMS or the AAA is unable to handle the Claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA rules of procedure.

The arbitrator will decide the Claim in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law. A single arbitrator will conduct the arbitration and will use applicable substantive law, including the Uniform Commercial Code, consistent with the FAA and the applicable statutes of limitations or conditions precedent to suit, and will honor claims of privilege recognized at law. The arbitrator can award damages or other relief provided for by law to you or us, but not to anyone else. The arbitrator’s authority is limited to the Claims between you and us.

Is the arbitrator’s decision final? Is there an appeal process?

The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance. The appeal must request a new arbitration in front of three neutral arbitrators designated by the same arbitration administrators. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.

Who will pay for costs?

We will pay any costs that are required to be paid by us under the arbitration administrator’s rules of procedure. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees you have paid. We will also pay any fees of the arbitrator and arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the arbitration administrator’s rules and applicable law. If you consider that you are unable to afford any fees that would be yours to pay, you may request that we pay or reimburse them, and we will consider your request in good faith.

How do I (the customer) file an arbitration claim?

Rules and forms may be obtained from, and Claims may be filed with, JAMS (800.352.5267 or jamsadr.com); or the AAA (800.778.7879 or www.adr.org). Arbitration hearings will take place in the federal judicial district that includes your address at the time the Claim is filed, unless the parties agree to a different place.

25. Questions.  If you have any questions, disputes, or complaints about Chase Pay, contact us at: 1-877-242-7372