If you permit any person(s) or entity, including any data aggregation service providers, to use your security credentials to access your Products, you are responsible for all transactions and activities associated with your Products and for any use of your information by such person(s) or entity. You release, discharge and hold harmless Bank and its Affiliates and their respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including, without limitation, liabilities arising out of information posted on the Site or otherwise provided by Bank. LIMITATION OF DAMAGES. Severability and Survival. THIRD-PARTY SITES. A “Claim” subject to arbitration is any claim, dispute or controversy between you and us (other than an Excluded Claim or Proceeding as set forth below), whether preexisting, present or future, which arises out of or relates to the Agreement, your use of the Site, any prior agreement you have had with us, any transaction conducted with us in connection with the Site or Agreement, your use of the Site, or any prior agreement. The arbitration will be administered by the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879 or JAMS, 620 Eighth Avenue, 34th Floor, New York N.Y. 10018, www.jamsadr.com, 1-800-352-5267. The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. By using the Site, the Materials and/or any of the services and offerings contained therein you acknowledge and agree this Agreement sets forth your rights and obligations with respect to the Site and the Products made available thereon, all of which are commercially reasonable. If (i) you submit a Claim Notice in accordance with this Paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). WAIVER, RELEASE AND INDEMNITY. There is no additional fee to pay an Amazon card balance through the mail. Amazon cannot process card payments. A judgment on the award may be entered by any court having jurisdiction. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. The Bank also reserves the right to investigate suspected violations of the Agreement and other potentially illegal conduct, including without limitation fraud. After years of growth, the bank separated from GE Capital and went public in 2014. In the event of a conflict with transaction or account information provided on the Site, your Product billing statement shall govern. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. Notwithstanding any provision in this Agreement to the contrary, we will not exercise any right of setoff to any arbitration award made to us unless and until the arbitration award is confirmed by a court having jurisdiction and becomes a final judgment and until any timely appeal thereof is completed. Effect of Arbitration Award. The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that the Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”) shall govern its interpretation and enforcement and proceedings pursuant thereto. If you receive this message during normal support hours, we are currently helping other customers and a chat agent will be available soon. LIMITED LICENSE. AGREEMENT: The Bank reserves the right, in its sole discretion, to amend or terminate this Agreement in whole or in part, at any time, without notice and liability, including, without limitation, if the Bank believes you have breached this Agreement. A Message From Our CEO We’re All In This Together. Use of the Site constitutes consent to such monitoring. Synchrony Bank's customer service representatives can look up the account number needed to create an online account. If you need to contact Bank, please contact customer service during normal business hours at the phone number and/or email address provided on the Site. MONITORING. Not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the Site or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site. Excluded Claim or Proceeding. Your access to certain applications and features that communicate with the Site, as applicable, are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied content-protection policies. Our business was founded in 1932 to help people during the middle of The Great Depression, one of the lowest points in our nation’s history. This Agreement governs your use of the Site and the various services provided therein. Such a Claim Notice must be sent to us by certified mail; return receipt requested, at 170 Election Road, Suite 125, Draper, Utah 84020, Attn: General Counsel. In times like these, people come together to help those in need. However, if the amount in controversy exceeds $50,000, you or we can, within 14 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. Amazon recommends performing these tasks online. The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. Open an Account: APPLY FOR A CARD. To check the balance on an Amazon store card, log into your Amazon card account on Synchrony Bank. You agree to transmit and receive electronic records through the Site or electronically to any e-mail address we have for you. If you have questions about the Amazon.com Store Card or the Amazon Prime Store Card, call 1-866-634-8379, available 24 hours a day. The failure of the Bank to act with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit the Bank's rights with respect to such breach or any subsequent breaches. Synchrony Bank Online Savings; Synchrony Business Empowering Customers; Synchrony Connect Tools for Businesses; Find Account. To create a Synchrony Bank account for the first time after signing up for an Amazon store card, log into Synchrony with the full credit card number on the peel-off card mailed to you by Amazon. The rules and forms of the AAA and JAMS may be obtained by writing to these organizations at the addresses listed above. You agree that we will not be liable should any such interception occur. Is the Coronavirus Crisis Increasing America's Drug Overdoses? However, any dispute or controversy that concerns the validity or enforceability of the rules and regulations as a whole is for the arbitrator, not a court, to decide. This is the sole and only method by which you can submit a Claim Notice. BANK DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Please note that because the site you are going to is not controlled by Synchrony, you will be subject to the terms of use and privacy policy of the website you are visiting. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT JUST AS IF YOU HAD SIGNED IT. Notwithstanding any other provision of this Agreement, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. The Bank may remove, modify or otherwise change any content, including that of third parties, on or from the Site. The costs of such an appeal will be borne in accordance with this paragraph. US Bank offers retail bank services to individuals and businesses, including checking, savings, credit cards, mortgages and loans. Manage your Costco Member Credit card account online, any time, using any device. To the extent permitted by applicable law, with respect to any Claim or other dispute between you and us (as defined in the Arbitration Provision) that is tried in court rather than resolved by arbitration, you and we hereby agree (a) that the Claim or other dispute will be tried by a judge without a jury, and you and we knowingly, voluntarily, intentionally and irrevocably waive the right to trial by jury in such a proceeding and (b) that any such litigation will proceed in court on an individual basis and will not proceed as part of a class action. CONSENT TO ELECTRONIC TRANSACTIONS. “Claim” has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, interpleaders, third-party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Provision. At Synchrony, it’s our job not only to help our customers every day – but also when disasters like these strike. The Bank also may impose limits on certain features and services or restrict your access to the Site without notice or liability. Bank reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site. Except as expressly provided herein, Bank does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. If any part of this Arbitration Provision, other than the Class Action Waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The Bank does not want you to, and you should not, send any confidential or proprietary information to the Bank via the Site, except in the manner provided to you for secure transmissions. Such affirmative actions will have the same legal force, effect, validity and enforceability as if you affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law. BANK, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF THE ELECTRONIC RECORDS SENT, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF THE SITE OR ANY BROWSER SOFTWARE.
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