Walmart Cardholder Agreement

21. SETTLEMENT OF DISPUTES AND CLAIMS (INCLUDING ARBITRATION). General/requirement of simplicity. PLEASE READ THIS PROVISION CAREFULLY. IF YOU DO NOT SEND US THE REFUSAL NOTIFICATION DESCRIBED BELOW, THIS PROVISION APPLIES TO YOUR WALMART GIFT CARD AND MOST DISPUTES BETWEEN YOU AND US ARE SUBJECT TO AN INDIVIDUAL ARBITRATION PROCEDURE. THIS IS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH; DISPUTE; (2) YOU WILL NOT BE INVOLVED IN A SIMILAR CLASS OR PROCEEDING ACTION; (3) THERE WILL BE LESS INFORMATION AVAILABLE; AND (4) THE RIGHT OF APPEAL IS LIMITED. This provision replaces all existing arbitration provisions with us and remains in effect, regardless of what happens with your Walmart Visa gift card, including termination. On request, unless otherwise stated below, you and we must individually settle any dispute or claim between you; and we, our affiliates, agents, Walmart and/or any company that provides services related to your Walmart Visa gift card, on the other hand, if the dispute or right comes from or relates to your Walmart Visa gift card. However, we do not require you to set up a mediator: (1) on a case-by-case basis, in a court for small applications or in an equivalent jurisdiction of your state, as long as there remains an isolated case in that jurisdiction; or (2) any request from us, which contains only our efforts to collect the money you owe us.

However, if you respond to a recovery action by claiming that we have committed a fault, we may ask you to act as a mediator. YOU ARE NOT TOO INVOLVED IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. IN ADDITION, YOU CANNOT MAKE CLAIMS AGAINST US ON BEHALF OF ANOTHER CARDHOLDER (A « NON-PARENT CARDHOLDER ») AND YOU ACCEPT THAT NO UNRELATED CARDHOLDER CAN ASSERT RIGHTS AGAINST US ON THEIR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION. Only a court can decide whether part of this paragraph is enforceable. Finally, if it is found that this paragraph is not fully enforceable, only that sentence of the provision remains in force and the rest of the provision is set aside, provided that the Court`s decision on the enforceability of this paragraph is challenged. Launch of arbitration proceedings. If you or we choose to settle a claim, the voting party must notify the other party in writing. This notification can be given after the start of an action and can be placed in the feet in the appeal. Otherwise, your message must be sent to Ge Capital Retail Bank, Legal Operation, PO Box 29110, Shawnee Mission, KS 66201, ATTN: DEMAND and our message must be sent to the last address for you in our files.

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