Terms of Service

Last Updated: May 9, 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE

Welcome to TAPD, LLC, aka “Frank” and “Chase with Frank,” a wholly owned subsidiary of JPMorgan Chase Bank, N.A. (“Chase”). This website, and the information, products or services offered through this website (the “Services”) are offered by Chase with Frank (“we,” our,” or “us”). The following terms and conditions (“Terms”) govern your use of any and all Services offered by Chase with Frank, which include but are not limited to file FAFSA®, Classfinder and Scholarships.  By using our Services, you acknowledge that you have read and understand these Terms, that you agree to them and are legally bound by them.

1. Privacy. Our Privacy Policy is incorporated herein by reference. Please read it carefully to understand what we do with the personal information that we collect as part of your interaction with the Services. By agreeing to these terms, you agree that you have received a copy of our U.S. Consumer Privacy Notice, which governs our use of your data, and that, if you so choose, you will retrieve any future copies of the Privacy Notice electronically from the privacy link on this website, or directly from the Chase website. In other words, Chase will have no obligation to deliver to you, on an annual basis or otherwise, the then-current U.S. Consumer Privacy Notice other than through its electronic posting on the privacy page of this website or the Chase website.

2. Registration. In order to access certain content, products, or benefits on our Services, you will be asked to register an account. By registering an account on our Services, you represent that you are 15 years of age or older and a legal U.S. resident. Depending on your intended uses of our Services, you may be asked to designate your account as either a Student Account (i.e., for a Student) or a Parent Account (i.e., for a Parent). Also as part of the registration process, you will be asked to select a username and password, and will be asked to provide Chase with Frank with certain information about yourself, including personally identifying information such as your email and home addresses and your employer or educational institution. You agree to provide accurate, current, and complete registration information, and to maintain and promptly update the registration information to keep it accurate and complete. Any information that you provide to us through our Services or email is subject to Chase’s Privacy Policy. Such information may be processed automatically by software and/or manually. The username and password are for your personal use only and only you are permitted to access our Services, the Services Materials (as defined below), and the User Content (as defined below) through your account. Without limiting the foregoing, you are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may suspend your account at any time by emailing us at info@withfrank.org. If you are aware of any illegal or improper activity on your account, it is your responsibility to inform Chase with Frank immediately. By registering, you are subscribing to notification emails that will inform you of updates to the Services. You can unsubscribe or manage your notification frequency settings at any time from these emails by following the directions in the email themselves or by emailing us at info@withfrank.org.

3. Verification. Chase with Frank does not provide financial aid. Please be advised that prospective financial aid providers may independently verify and check the accuracy of the information you provide.

4. Financial Aid Applications. In order to access the File FAFSA® Service that Chase with Frank facilitates, you will be asked to register and create an account in accordance with Section 2 Registration.  It’s your responsibility to submit the FAFSA® using your unique Federal Student Aid Identification (“FSA ID”) and signature.  Your FSA ID should never be shared.

We are not affiliated with the U.S. Department of Education. Federal Student Aid (FSA), an office of the U.S. Department of Education, makes the FAFSA® form and assistance available to the public for free at their website at fafsa.gov.  You understand that you can also view and verify your submitted FAFSA® applications yourself at their third-party site at fafsa.gov using your FSA ID. CHASE WITH FRANK CANNOT GUARANTEE AND DOES NOT GUARANTEE ANY PARTICULAR RESULTS FOR ANY FINANCIAL AID APPLICATIONS THAT CHASE WITH FRANK FACILITATES. 

You acknowledge that you are responsible for the accuracy of the information that you input as well as verifying the overall accuracy of any FAFSA® form that you submit to the government. Chase with Frank may provide guidance as you proceed with the submission of the FAFSA® form but is not responsible for inaccuracies that you provide on your FAFSA® form. As of your submission, you certify to Chase with Frank that the information and documents provided are true and accurate to the best of your knowledge. Providing false information on your FAFSA® form can give rise to potential civil and criminal penalties under the law.

5. Classfinder. In order to access Classfinder, you may be asked to register and create an account in accordance with Section 2 Registration. You may also be required to register and create an account with third-parties with whom we work to provide this Service.

The courses available on Classfinder are offered online from accredited universities, and may be eligible for transfer credit and for reimbursement if you receive federal financial aid. You understand that you are responsible for obtaining the proper approvals required by the relevant educational institution in order to obtain transfer credit and reimbursement if you receive financial aid, but we may offer you guidance and assistance in these processes. Any reimbursement you obtain from an educational institution for the course you purchase will be handled directly between you and such institution. You understand that you will pay us for the course you purchase regardless of whether you receive any credit or reimbursement from an educational institution. You will only be eligible for a refund from us if requested by you before the relevant drop date for the course, the course is cancelled, or you cancel your purchase of the course. We are not responsible for the availability of courses, their content or instruction, or your performance in them.

You authorize us (or our third-party payment processor) to charge you for such transaction (“Transaction”). We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your e-mail, and your postal addresses for billing and notification (such information collectively is “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third-parties so we can complete your Transaction and to charge your payment method for the Transaction (plus any applicable taxes or other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

6. Trademark Notices. Chase is the marketing name for the retail financial services activities of JPMorgan Chase & Co. and its subsidiaries and affiliates in the United States. “Chase,” “JPMorgan,” “JPMorgan Chase,” the JPMorgan Chase logo and the Octagon Symbol are trademarks of JPMorgan Chase Bank, N.A., a wholly-owned subsidiary of JPMorgan Chase & Co.  Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

7. Copyright Notices. The works of authorship contained in the chase.withfrank.org, withfrank.org and chase.com Websites (the “Websites”), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by JPMorgan Chase & Co. or one of its subsidiaries, (“JPMorgan Chase”). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Chase’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of JPMorgan Chase’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

8. Unauthorized Activities. You agree that you will not use our Services for: (a) any illegal or unauthorized purposes that violate any U.S. local, national, or international laws; (b) contacting any other user of our Services who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Services, including any information related to financial aid, except to the extent our Services are indexed by general purpose public search engines; (e) promoting any effort to compete with Chase with Frank, including using our Services to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for Chase with Frank as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of our Services Materials or User Content, unless otherwise authorized by these Terms or in a separate written agreement with Chase with Frank, or it is User Consent that you posted; (g) any resale or commercial use of our Services, the Services Materials, or the User Content; (h) using our Services to access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including any commercial purposes; (i) violating or offending any community or Internet standards of decency; or (j) removing, circumventing, disabling, damaging, or otherwise interfering in any way with any security features or functionality of our Services aimed at preventing or restricting the unauthorized use of our Services or any of the Services Materials. You may only use our Services and the Services Materials consistently with these Terms. Any other use of our Services or Services Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Chase with Frank is strictly prohibited. You acknowledge and agree that the unauthorized use of our Services or the Services Materials could cause irreparable harm to Frank and that in the event of such unauthorized use, Chase with Frank shall be entitled to an injunction in addition to any other remedies available at law or in equity.

9. Third Party Web Sites and Content. Our Services may contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. Our Services may also incorporate features and services provided by third parties. Use of such third party links, features, and services, and any other third party material or content on, or made available through, our Services is entirely at your own risk. Chase with Frank does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of Chase with Frank’s third party payment processors. Chase with Frank does not endorse any product, service, or treatment provided on a third party website or advertised or provided on our Services.

10. Communications Consent. You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may call you, leave you a voice prerecorded, or artificial voice message, or send a text, e-mail, or other electronic message to you for any purpose related to billing for the Services, for surveys or research, or for any other informational purpose related to the Services (each, a “Communication”) using an automatic telephone dialing system or otherwise. You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may call or text you at any telephone number associated with your account for receipt of the Services, including cellular telephone numbers, and may send an e-mail to any email address associated with your account for receipt of the Services. You also agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your data service provider may. In addition, you understand and agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may always communicate with you in any manner permissible by law that does not require your prior consent. If you do not want to receive calls, texts, emails, or other electronic messages, you can unsubscribe by sending an email to info@withfrank.org or by calling a customer service representative at 347-690-7886 specifying your preference. To stop text messages, you can also simply reply “STOP” to any text message we may send you. It may take up to 48 hours for us to fulfill changes to your subscription. Please note that unsubscribing may prevent us from relaying important information to you about your account.

11. Availability of the Services. Chase with Frank uses reasonable efforts to ensure that our Services are generally available. However, there will be occasions when access to our Services will be interrupted or unavailable. Chase with Frank will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Chase with Frank shall not be liable for any modification, suspension, or discontinuance of our Services. Either you or we may suspend or terminate your account at any time for any reason or no reason without prior notice. Chase with Frank may suspend or terminate your account and/or your ability to use our Services for failure to comply with these Terms, for inactivity on our Services, for providing Chase with Frank with untrue or inaccurate information, for infringement upon Chase with Frank proprietary rights.

12. Disclaimer. Without limiting anything else in these Terms or otherwise, Chase with Frank is not responsible for any errors or omissions in our Services or the Services Materials. Chase with Frank, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Services Materials, User Content, products, data, services (whether performed by Chase with Frank, any Student, or any third party), links, advertisements, or other items contained within our Services. Chase with Frank reserves the right to immediately remove any Services Materials or User Content for any reason or for no reason. Chase with Frank cannot and does not review all communications or products made available on or through our Services, but, although not obligated to, may review, verify, make changes to or remove any User Content, Services Materials, or products or services made available in connection with our Services, including information submitted in connection with the Services Materials or other features at any time, with or without notice in its sole discretion. Any interaction between you and any other individual or entity through our Services or arising out of your use of our Services, including any interactions between other business entities and educational institutions, is solely between you and that other individual or entity. Chase with Frank expressly disclaims any responsibility for any such interactions. You agree that you shall evaluate and bear all risks associated with the use of our Services. THE SERVICES MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH OUR SERVICES ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. CHASE WITH FRANK AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE USER CONTENT, THE SERVICE MATERIALS, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH OUR SERVICES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NON­INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT WITH REGARD TO ANY USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH OUR SERVICES, IS WITH YOU.

13. LIMITATION OF LIABILITY. CHASE WITH FRANK AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA­CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH OUR SERVICES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CHASE WITH FRANK HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CHASE WITH FRANK AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE USER CONTENT, THE SERVICES MATERIALS ON, IN, AND MADE AVAILABLE THROUGH OUR SERVICES, PRODUCTS, DATA, OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CHASE WITH FRANK AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with our Services or with any of these Terms, or feel Chase with Frank has breached these Terms, your sole and exclusive remedy is to discontinue using the Services.

14. Indemnification. You shall indemnify and hold harmless Chase with Frank and its directors, officers, employees, agents, contractors, and licensors (“Chase with Frank Indemnitees”) against all claims, actions, suits, and other proceedings and all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) (each, a “Claim”) arising out of or incurred in connection with any breach by you of these Terms; your use of our Services, the Services Materials, the User Content, or any services, product, or data obtained through our Services; or your fraud, violation of law, negligence, or willful misconduct, except to the extent attributable to Chase with Frank. You may not settle any Claim that imposes any liability on Chase with Frank, requires Chase with Frank to pay any amounts, or requires Chase with Frank to take any action, in each case without the prior written consent of Chase with Frank.

15. Copyright Infringement Complaint Procedures. If you believe that any content or postings on our Services violates your copyright or other rights, please notify Chase with Frank by email at info@withfrank.org and by regular mail at TAPD, LLC/JPMorgan Chase Bank N.A., 1111 Polaris Parkway, Columbus, OH 43240-2050. Your message must include the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

16. Changes to these Terms. Chase with Frank reserves the right at any time to modify, alter, or update these Terms. Your continued use of our Services following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users using our Services before the change to learn of changes to the Terms since their last visit. For your reference, the effective date of any change to these Terms will be located at the top of this page.

17. Relationship Between the Parties. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.

18. Enforceability and Governing Law. These Terms represent the entire agreement between you and Chase with Frank with respect to the subject matter hereof.  This agreement takes the place of any understandings, agreements, representations, and warranties, both written and oral, made prior to or when you entered into this agreement. If this agreement conflicts with any statements made by one of our employees or by our affiliates’ employees, this agreement will govern. To the maximum extent permitted by law, these Terms will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules.  In the event any of the terms or provisions of these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms shall be subject to any other agreements you have entered into with Chase.

19. Prohibited Activities. Our Services are controlled and operated from within the United States. You agree not to attempt to log on to the Services from any country under sanctions by the Office of Foreign Assets Control (OFAC).  By registering an account with us, you confirm that neither you nor any beneficial owner of any account is covered by any sanctions programs administered or enforced by the U.S. Department of the Treasury, Office of Foreign Asset Control. Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Services from one of these countries may result in your access being restricted and/or terminated.  Our policies may require additional information about you or any person associated with you or with the account when or after you open the account to assure that we comply with “Know Your Customer” requirements. We may restrict or close your account if we are unable to obtain information in order to satisfy our “Know Your Customer” requirements.

20. Miscellaneous. The waiver or failure of Chase with Frank to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” If you have any questions regarding these terms, you may reach us at info@withfrank.org.

21. Arbitration.

You and we agree that upon the election of either of us, any dispute relating in any way to your use of the Services, your account, any related service, or any agreements with us 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”).

YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, 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, AND YOU AND WE ARE ALSO WAIVING ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING, WHETHER 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 your account and any related service with us are subject to arbitration. All claims or disputes arising from or relating to your use of the Services, this agreement, any prior agreement between us, or the advertising, the application for, or the approval or establishment of your account are also included. Claims or disputes 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 section 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.

Can I (customer) cancel or opt out of this agreement to arbitrate?

You have the right to opt out of this agreement to arbitrate if you tell us within sixty (60) days of opening. Requests to opt out of this Agreement that are made more than thirty (60) days of registering your account are considered invalid.  Additionally, if you already have pending litigation or arbitration against/with us, any request to opt out of this arbitration clause will be considered invalid.  If you want to opt out, write us at TAPD, LLC/JPMorgan Chase Bank N.A., 1111 Polaris Parkway, Columbus, OH 43240-2050. Otherwise this agreement to arbitrate will apply without limitation, regardless of whether your account is closed or lapses.

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:

SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION, PRIVATE ATTORNEY GENERAL PROCEEDING, OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING;

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

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.

However, in agreeing to arbitrate your Claims, you are not waiving a right to seek public injunctive relief in court. Upon the completion of the arbitration of all other aspects of your own individual Claims, a court of competent jurisdiction may consider a request for public injunctive relief. An arbitrator may not award public injunctive relief. You agree that any court proceedings relating to public injunctive relief shall be stayed pending the resolution of all other aspects of your Claims in arbitration.

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, “you” includes any person who is listed on your account, and “we” includes JPMorgan Chase Bank, N.A., Chase with Frank, Frank and all other affiliates, and third parties who are regarded as agents or representatives of ours in connection with a Claim. (If we assign your account or data 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 rules and procedures in effect at the time the arbitration is commenced. If there is a conflict between the applicable rules and 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 apply applicable substantive law, 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.

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 thirty (30) days of award issuance. The appeal will be handled in accordance with the applicable rules of appellate procedure by JAMS or AAA, as applicable.  The arbitration ruling will be considered final and binding, 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 and procedures. Even if not otherwise required, we will consider a request you make, in good faith, to 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 (2) 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 (customer) file an arbitration claim? Rules and forms may be obtained from, and Claims may be filed with, JAMS (1-800-352-5267 or www.jamsadr.com) or the AAA (1-800-778-7879 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.

We are not affiliated with the U.S. Department of Education. Federal Student Aid (FSA), an office of the U.S. Department of Education, makes the Free Application for Federal Student Aid (FAFSA®) form and assistance available to the public for free at fafsa.gov.

TAPD, LLC aka “Frank” and “Chase with Frank,” is a wholly owned subsidiary of JPMorgan Chase Bank, N.A. (“Chase”).
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