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Diners Club® Corporate Card number or any other information regarding my Account with third parties for the How Arbitration Works: • When is an arbitration award final? The arbitrator’s award is final and binding purpose of processing, effecting, or administering any program or benefit. • How does a party initiate arbitration? The party filing an arbitration must on the parties unless a party appeals it in writing to the arbitration firm within Availability of programs may be subject to the internal policy of my Organization. choose one of the following two arbitration firms and follow its rules and fifteen days of notice of the award. The appeal must request a new arbitration Diners Club, in its sole discretion, may at any time add, change, modify or procedures for initiating and pursuing an arbitration: American Arbitration before a panel of three neutral arbitrators designated by the same arbitration ® discontinue any of the programs or benefits provided in connection with the Card Association, and JAMS. Any arbitration hearing that I attend will be held at a firm. The panel will consider all factual and legal issues a new, follow the same DINERS CLUB without notice. place chosen by the arbitration firm in the same city as the U.S. District Court rules that apply to a proceeding using a single arbitrator, and make decisions closest to my then current billing address, or at some other place to which based on the vote of the majority. Costs will be allocated in the same way they 23 WAIVER Diners Club and I agree in writing. I may obtain copies of the current rules of are allocated for arbitration before a single arbitrator. An award by a panel is final CORPORATE CARD Diners Club can delay in enforcing or fail to enforce any of its rights under this each of the two arbitration firms and forms and instructions for initiating an and binding on the parties after fifteen days has passed. A final and binding Agreement without losing them. arbitration by contacting them as follows: award is subject to judicial review and enforcement as provided by the FAA or American Arbitration Association other applicable law. 24 GOVERNING LAW 800-778-7879 (toll free) The terms and enforcement of this Account and Agreement shall be governed by Web site: www.adr.org Survival and Severability of Terms: Cardmember Agreement federal law, and, to the extent state law must be applied, the law of Illinois. • This arbitration provision shall survive: (i) termination or changes in the JAMS Agreement, the Account, or the relationship between Diners Club and me Effective August 1, 2013 25 ARBITRATION 800-352-5267 (toll free) concerning the Account; (ii) the bankruptcy of any party; and (iii) any transfer, PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY Web site: www.jamsadr.com sale or assignment of my Account, or any amounts owed on my Account, to any DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE At any time Diners Club or I may ask an appropriate court to compel arbitration other person or entity. Notwithstanding any severability provision applicable to RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO of Claims, or to stay the litigation of Claim spending arbitration, even if such the Agreement as a whole, if any portion of this arbitration provision is deemed PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE Claims are part of a lawsuit, unless a trial has begun or a final judgment has invalid or unenforceable, the entire arbitration provision shall not remain in force. IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION been entered. Even if a party fails to exercise these rights at any particular No portion of this arbitration provision maybe amended, severed, or waived PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. time, or in connection with any particular Claims, that party can still require absent a written agreement between me and Diners Club. Agreement to Arbitrate: For the purpose of this section only, “Diners Club” means arbitration at a later time or in connection with any other Claims. both Diners Club and Diners Club International, as defined above. Either Diners Club • What procedures and law are applicable in arbitration? A single, neutral or I may, without the other’s consent, elect mandatory, binding arbitration for any arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least claim, dispute, or controversy involving Diners Club and me (called “Claims”). ten 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 Claims Covered: of the arbitration firm in effect on the date the arbitration is filed unless those • What Claims are subject to arbitration? procedures and rules are inconsistent with this Agreement, in which case this All Claims relating to my Account, a prior related Account, my Account Agreement will prevail. Those procedures and rules may limit the discovery Privileges, or my relationship with Diners Club are subject to arbitration, available to Diners Club or me. The arbitrator will take reasonable steps to including Claims regarding the application, enforceability, or interpretation of protect customer Account information and other confidential information if this Agreement and this arbitration provision. All Claims are subject to requested to do so by Diners Club or me. The arbitrator will apply applicable arbitration, no matter what legal theory they are based on or what remedy substantive law consistent with the FAA and applicable statutes of limitations, (damages, or injunctive or declaratory relief) they seek. This includes Claims will honor claims of privilege recognized at law, and will have the power to based on contract, tort (including intentional tort), fraud, agency, Diners Club’s award to a party any damages or other relief provided for under applicable law. or my negligence, statutory or regulatory provisions, or any other sources of Diners Club or I may choose to have a hearing and be represented by counsel. law; Claims made as counterclaims, cross-claims, third-party claims, inter The arbitrator will make any award in writing and, if requested by you or us, pleaders or otherwise; and Claims made independently or with other claims. will provide a brief statement of the reasons for the award. An award in A party who initiates a proceeding in court may elect arbitration with respect arbitration shall determine the rights and obligations between the named to any Claim advanced in that proceeding by any other party. Claims and parties only, and only in respect of the Claims in arbitration, and shall not have remedies sought as part of a class action, private attorney general or other any bearing on the rights and obligations of any other person, or on the representative action are subject to arbitration on an individual (non-class, resolution of any other dispute. non-representative) basis, and the arbitrator may award relief only on an • Who pays? Whoever files the arbitration pays the initial filing fee. If Diners individual (non-class, non-representative) basis. Club files, it pays; if I file, I pay, unless I receive a fee waiver under the • Whose Claims are subject to arbitration? applicable rules of the arbitration firm. If I have paid the initial filing fee and I Not only my Claims or those of Diners Club, but also Claims made by or prevail, Diners Club will reimburse me for that fee. If there is a hearing, Diners against anyone connected with Diners Club or me or claiming through Diners Club will pay any fees of the arbitrator and arbitration firm for the first day of Club or me, such as the Organization, a co-applicant or authorized user of my that hearing. All other fees will be allocated as provided by the rules of the Account, an employee, agent, representative, affiliated company, predecessor arbitration firm and applicable law. However, Diners Club will advance or or successor, heir, assignee, or trustee in bankruptcy. If anyone described in reimburse my fees if the arbitration firm or arbitrator determines there is good the preceding sentence is involved in a Claim that involves Diners Club and reason for requiring it to do so, or if I ask Diners Club and it determines there me that person also has the right to elect arbitration in this section in the is good reason for doing so. Each party will bear the expense of that party’s same way that Diners Club or I could. attorneys, experts, and witnesses, and other expenses, regardless of which • What time frame applies to Claims subject to arbitration? party prevails, but a party may recover any or all expenses from another party Claims arising in the past, present, or future, including Claims arising before if the arbitrator, applying applicable law, so determines. the opening of my Account, are subject to arbitration. • Who can be a party? Claims must be brought in the name of an individual ® ® • Broadest interpretation. Any questions about whether Claims are subject person or entity and must proceed on an individual (non-class, non- BMO Financial Group is a registered trademark of Bank of Montreal. Harris is a trade name used by to arbitration shall be resolved by interpreting this arbitration provision in the representative) basis. The arbitrator will not award relief for or against anyone BMO Harris Bank N.A. and its affiliates. Diners Club, Diners Club International with the Split Circle who is not a party. If Diners Club or I require arbitration of a Claim, neither Device and Club Cash are registered trademarks of Diners Club International Ltd.
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