Optima® Credit Card Agreement

Legal Rights & Agreement Rules · Context

This is Part 1 of a three-part Card Member Agreement, dated 06/30/2026, issued by American Express National Bank

The first part of this Optima Card Member Agreement is headed 'Part 1 of 3' and is labelled 'As of: 06/30/2026', with American Express National Bank named as the issuer. Part 2 of the agreement defines 'we', 'us' and 'our' as the issuer shown on page 1 of Part 1.

Supporting quotations

Card Member Agreement: Part 1 of 3

As of: 06/30/2026 Issuer: American Express National Bank

Qualifications & exceptions

• The 06/30/2026 date is an 'As of' label on Part 1; this agreement text does not say whether it is an effective date.

Charges & Financial Obligations · Company practice

The purchase APR is variable: the Prime Rate plus 14.99%, never above 29.99%

The Rates and Fees Table sets the Annual Percentage Rate for purchases at the Prime Rate plus 14.99% and says it is a variable APR. The table states the margin, not a finished percentage. If the Prime Rate increases, variable APRs (and the corresponding daily periodic rates) increase, so you may pay more interest and may have a higher Minimum Payment Due. A change in the Prime Rate changes the variable APRs starting on the first day of the billing period during which the Prime Rate changed. The agreement says variable APRs will not exceed 29.99%.

Supporting quotations

Annual Percentage Rate (APR) for Purchases | Prime Rate + 14.99% This is a variable APR.

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due.

When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed. Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• The 29.99% ceiling is written for 'variable APRs' in general; the Penalty APR is also described in the table as a variable APR, but this paragraph does not name it separately.
• Only an increase in the Prime Rate is described; the paragraph does not say what happens to the APR when the Prime Rate falls.

Not stated here

• The agreement does not state the Prime Rate level or a finished numeric APR; it gives only the margin over the Prime Rate.
• The paragraph refers to 'corresponding DPRs' but this published agreement lists no Daily Periodic Rate values (see the interest calculation card).

Charges & Financial Obligations · Context

The Prime Rate is the highest U.S. Prime Rate published in The Wall Street Journal on the Closing Date

For these rates, Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If the Journal does not publish a Prime Rate that day, the issuer uses the Prime Rate from the previous day it was published. If the Journal stops being published or stops publishing the Prime Rate, the issuer may use the Prime Rate published in another newspaper of general circulation.

Supporting quotations

Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period.

If The Wall Street Journal does not publish the Prime Rate on that day, we will use the Prime Rate from the previous day it was published.

we may use the Prime Rate published in another newspaper of general circulation

Qualifications & exceptions

• The replacement newspaper is at the issuer's choice ('may use'); the agreement does not name it.

Charges & Financial Obligations · Company practice

A Penalty APR of Prime Rate plus 26.74% can apply after a missed minimum payment or returned payment

The issuer reserves the right to apply a variable Penalty APR of the Prime Rate plus 26.74% to new Transactions if you do not pay at least the Minimum Payment Due by the Payment Due Date, or if your payment is returned by your bank. If it is applied, it applies for at least 6 months. The issuer reviews the Account every 6 months after the Penalty APR is applied, and the Penalty APR continues until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

Penalty APR and When it Applies | Prime Rate + 26.74% This is a variable APR.

We have the right to apply the Penalty APR to new Transactions if: • you do not pay at least the Minimum Payment Due by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.

If the penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed.

Qualifications & exceptions

• The text says 'We have the right to apply'; applying it is the issuer's choice, and it is described as applying to new Transactions.
• 'we will notify you if we do' follows the returned-payment trigger in the source text; the wording does not make clear whether it covers both triggers.

Not stated here

• The agreement does not say how far in advance or in what form a notice will be given.

Charges & Financial Obligations · User right or choice

No interest on purchases if you pay in full by the due date, at least 25 days after the period closes

The table says the Due Date is at least 25 days after the close of each billing period, and that the issuer will not charge interest on purchases if you pay your entire balance each month by the due date. If you have a plan outstanding, the balance that has to be paid is the balance adjusted for plans. The grace-period section states the same idea as an Interest Free Period, and says someone with an active Plan It plan can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

Your Due Date is at least 25 days after the close of each billing period.

We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date.

you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date

Qualifications & exceptions

• The table statement is about interest on purchases; the agreement's grace-period section says balance transfers and cash advances are charged interest from the transaction date and have no Interest Free Period.
• The table says 'entire balance' and the grace-period section says 'New Balance'; the agreement does not define the difference.

Charges & Financial Obligations · Company practice

Plan It charges a monthly plan fee of up to 1.33% instead of the purchase APR

A Plan Fee (a fixed finance charge) is a monthly fee of up to 1.33% of each purchase or amount placed into a plan. It depends on the plan duration, the APR that would otherwise apply, and other factors. It is charged each month that a plan is active, and the dollar amount is disclosed before you set up a plan. When you set up a plan, the purchases or amount are added to a plan balance and are subject to a plan fee instead of the APR for purchases. Part 2 of the agreement explains the Plan It feature.

Supporting quotations

A monthly fee of up to 1.33% of each purchase or amount moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase, and other factors.

This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan.

will be subject to a plan fee instead of the APR for purchases

Qualifications & exceptions

• The figure is a ceiling ('up to 1.33%'); the actual percentage depends on 'other factors' that the agreement does not list.
• Plan It is offered at the issuer's discretion ('We may offer you Plan It').

Not stated here

• The factors beyond plan duration and the otherwise-applicable APR are not specified.

Legal Rights & Agreement Rules · Context

The table refers readers to the CFPB's credit card tips

The Rates and Fees Table points readers to the website of the Consumer Financial Protection Bureau to learn more about factors to consider when applying for or using a credit card. It gives the address http://www.consumerfinance.gov/learnmore. The CFPB's content is not part of this agreement text.

Details not recorded for this card

Supporting quotations

To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.

Not stated here

• What the linked CFPB page says is not supplied in this agreement.

Charges & Financial Obligations · Company practice

The annual fee is $49, and additional cards carry no annual fee

The Rates and Fees Table lists an Annual Fee of $49. The 'How Rates and Fees Work' section points back to the table for the Annual Fee and says the Annual Fee for Additional Cards is None. Part 3 describes when an annual fee is refunded if you close the Account.

Supporting quotations

Annual Fee | $49

Annual Fee: This fee is on the Rates and Fees Table on page 1 of Part 1.

Annual Fee for Additional Cards: None.

Qualifications & exceptions

• The text does not say how often the $49 is charged beyond calling it an 'Annual Fee'.

Charges & Financial Obligations · Company practice

A 2.7% foreign transaction fee applies on the U.S. dollar amount after conversion

The table and the fee section both set the foreign transaction fee at 2.7% of each transaction after conversion to U.S. dollars. The fee section refers readers to 'Converting charges made in a foreign currency in Part 2'. In this stored text the conversion paragraph appears under the Part 3 heading, not Part 2.

Supporting quotations

Transaction Fees • Foreign Transaction | 2.7% of each transaction after conversion to US dollars.

Foreign Transaction: 2.7% of the converted U.S. dollar amount. See Converting charges made in a foreign currency in Part 2.

Qualifications & exceptions

• Source ambiguity: the cross-reference names Part 2, while the conversion paragraph is placed in Part 3 of this document. Both are quoted as written.

Cross-references

• refers to (model-proposed): AEEML converts foreign-currency charges to U.S. dollars at a rate the issuer finds acceptable, within stated limits — The foreign transaction fee card points readers to the conversion paragraph. The cross-reference names Part 2 while the paragraph appears under the Part 3 heading in this document.

Charges & Financial Obligations · Company practice

Late payment fee: $29, then $40 on a repeat within 6 billing periods, capped at the prior minimum payment

If the issuer does not receive the Minimum Payment Due by its Payment Due Date, the late fee is $29. If this happens again within the next 6 billing periods, the fee is $40. The table summarizes the late payment fee as 'Up to $40'. A late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit | Up to $40. Up to $40. None

Late Payment: Up to $40. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is $40. However, the late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

• In the table the three penalty fees share one cell and their amounts follow in the same order (Late Payment up to $40, Returned Payment up to $40, Overlimit None); the later fee paragraphs repeat each amount by name.

Charges & Financial Obligations · Company practice

Returned payment fee: $29, then $40 on a repeat within the period or next 6, capped at the minimum payment

If a payment you make is returned unpaid the first time the issuer presents it to your bank, the fee is $29. If this happens again within the same billing period or the next 6 billing periods, the fee is $40. The table summarizes the fee as 'Up to $40'. The returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Supporting quotations

Returned Payment: Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40. However, the returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Charges & Financial Obligations · Company practice

A $38 fee plus the unpaid amount applies if a check you cash with your card is returned

The returned check fee is $38 if you use your card to cash a check at one of the issuer's approved locations and the check is returned unpaid. The issuer will also charge you the unpaid amount. This fee is separate from the returned payment fee for payments you make to the account.

Supporting quotations

Returned Check: $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount.

Not stated here

• The agreement does not identify the approved locations.

Charges & Financial Obligations · Company commitment

There is no overlimit fee

The Rates and Fees Table and the fee section both say the Overlimit fee is None, and the fee section refers to the Credit Limit and Cash Advance Limit part of Part 1. That later section also says the issuer may approve charges above your Credit Limit without charging an overlimit fee.

Supporting quotations

Overlimit: None. See Credit Limit and Cash Advance Limit in Part 1.

Up to $40. Up to $40. None

Qualifications & exceptions

• The minimum payment section still refers to an 'overlimit amount' that can be added to the Minimum Payment Due; no fee is charged for it.

Charges & Financial Obligations · Company practice

Reopening a cancelled account costs $25

Account Re-opening costs $25 if your Account is cancelled, you ask the issuer to re-open it, and it does so.

Supporting quotations

Account Re-opening: $25 if your Account is cancelled, you ask us to re-open it, and we do so.

Qualifications & exceptions

• Part 3 repeats this fee with 'may charge you a $25 fee'; the fee section states it without 'may'.

Charges & Financial Obligations · Company practice

Fees are added to the purchase balance unless the issuer says otherwise

The issuer adds fees to a purchase balance, unless it tells you otherwise.

Details not recorded for this card

Supporting quotations

We add fees to a purchase balance, unless we tell you otherwise.

Not stated here

• The agreement does not say which fees, if any, the issuer would treat differently.

Charges & Financial Obligations · Company practice

Interest is figured with the average daily balance method, including new purchases

The table states that interest is calculated with the average daily balance method, including new purchases, and points to the 'How we calculate interest' section in Part 2 for the details.

Details not recorded for this card

Supporting quotations

How we calculate interest: We use a method called average daily balance method (including new purchases). See the How we calculate interest section in Part 2.

Charges & Financial Obligations · Company practice

The issuer assigns a Credit Limit and may set a Cash Advance Limit and an ATM withdrawal limit

The issuer assigns a Credit Limit to the Account and may make part of it available for cash advances (the Cash Advance Limit). There may also be a limit on how much you can withdraw from ATMs in a given period. The issuer's right to change the limits follows in the next paragraph, which is analysed separately.

Supporting quotations

We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit). There may also be a limit on the amount you can withdraw from ATMs in a given period.

Not stated here

• The dollar amounts of your Credit Limit, Cash Advance Limit and any ATM limit are not stated in this public agreement.

Charges & Financial Obligations · Restriction or exception

The issuer can raise or lower your limits at any time, and you agree to keep balances within them

The issuer may increase or reduce your Credit Limit and Cash Advance Limit, even if you pay on time and your Account is not in default. The limits are shown on page 1 of Part 1 and on each billing statement. You agree to manage your Account so that your Account balance (including fees and interest) is not more than your Credit Limit and your cash advance balance (including fees and interest) is not more than your Cash Advance Limit.

Supporting quotations

We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit).

We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default.

your Account balance (including fees and interest) is not more than your Credit Limit

your cash advance balance (including fees and interest) is not more than your Cash Advance Limit

Qualifications & exceptions

• The sentence 'You agree to manage your Account so that:' leads into the two list items; the agreement does not say what follows if the balances exceed the limits other than what the next paragraph says about approved over-limit charges.

Not stated here

• The agreement does not say how much notice, if any, the issuer gives before it changes a limit.

Cross-references

• contrast (model-proposed): The issuer may approve charges over your Credit Limit with no overlimit fee, and may ask you to pay the excess — One paragraph has you agree to keep your Account balance within your Credit Limit; the next says the issuer may approve charges that take the balance over the limit, with no overlimit fee, and may ask you to pay the excess promptly. Both are stated side by side and pull in different directions about what staying within the limit means in practice.

Charges & Financial Obligations · Company practice

The issuer may approve charges over your Credit Limit with no overlimit fee, and may ask you to pay the excess

The issuer may approve charges that push your Account balance over your Credit Limit. If it does, it will not charge an overlimit fee. If the issuer asks you to promptly pay the part of your balance above your Credit Limit, you agree to do so.

Supporting quotations

We may approve charges that cause your Account balance to go over your Credit Limit. If we do this, we will not charge an overlimit fee. If we ask you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so.

Qualifications & exceptions

• Approval of over-limit charges is at the issuer's choice ('may').

Not stated here

• The agreement does not say how quickly 'promptly' is.

Cross-references

• contrast (model-proposed): The issuer can raise or lower your limits at any time, and you agree to keep balances within them — One paragraph has you agree to keep your Account balance within your Credit Limit; the next says the issuer may approve charges that take the balance over the limit, with no overlimit fee, and may ask you to pay the excess promptly. Both are stated side by side and pull in different directions about what staying within the limit means in practice.

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions are limited to $2,000 in any 30-day period

Your person-to-person transactions may not exceed $2,000 within any 30-day period, and you agree to manage your Account so the total stays within that limit. A person-to-person transaction is defined as a charge for funds sent to another person or a charge to add funds to your Amex Send Account. The issuer may decline a person-to-person transaction that would cause your Account to exceed the applicable person-to-person limit or your Credit Limit.

Supporting quotations

Person-to-Person Limit: Your person-to-person transactions may not exceed $2,000 within any 30-day period. You agree to manage your Account so that the total of your person-to-person transactions in any 30-day period do not exceed the Person-to-Person Limit.

We may not approve a person-to-person transaction if it would cause your Account to exceed the applicable person-to-person transaction limit or your Credit Limit.

A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

Qualifications & exceptions

• The text says 'applicable person-to-person transaction limit', and only one limit, $2,000 per 30 days, is stated here.

Charges & Financial Obligations · Procedure

The Minimum Payment Due starts from the highest of three amounts, then adds fees and other amounts

For each billing statement the issuer starts with the highest of: (1) interest charged on the statement plus 1% of the New Balance (excluding any interest, penalty fees, overlimit amount, and plan balances); (2) 2% of the New Balance (excluding any penalty fees, overlimit amount, and plan balances); or (3) $40. It then adds any penalty fees shown on the statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due. The Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Supporting quotations

To calculate the Minimum Payment Due for each billing statement, we start with the highest of:

Interest charged on the billing statement plus 1% of the New Balance (excluding any interest, penalty fees, overlimit amount, and plan balances); or

2% of the New Balance (excluding any penalty fees, overlimit amount, and plan balances); or

$40.

Then we add any penalty fees shown on the billing statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due.

Your Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Qualifications & exceptions

• The exclusions in the first two measures are written separately: the 1%-plus-interest measure excludes interest as well as penalty fees, overlimit amount and plan balances; the 2% measure does not list interest among its exclusions.

Not stated here

• 'New Balance' is not defined in the text of this agreement; it is the figure shown on the billing statement.

Charges & Financial Obligations · Context

Worked example: a $2,900 New Balance with $29.57 interest gives a $58.27 minimum payment

The agreement's example assumes a New Balance of $2,900, interest of $29.57, and no active plans, overlimit amount, penalty fees or amounts past due. The three measures are $58.27 (interest plus 1% of the balance after interest), $58 (2% of $2,900) and $40. The highest is $58.27. The agreement adds that if the account has any active plans, overlimit amount, penalty fees or amounts past due, the Minimum Payment Due will be higher.

Supporting quotations

EXAMPLE: Assume that your New Balance is $2,900, interest is $29.57, and you have no active plans, overlimit amount, penalty fees, or amounts past due.

$29.57 plus 1% multiplied by ($2,900 minus $29.57) equals $58.27

$58 (2% of $2,900)

$40

The highest of 1., 2., or 3. is $58.27. If your account has any active plans, overlimit amount, penalty fees, or amounts past due, your Minimum Payment Due will be higher.

Qualifications & exceptions

• This is an illustration under stated assumptions, not a statement of what any cardholder will owe.

Charges & Financial Obligations · User right or choice

No interest on purchases during an Interest Free Period, which you reach by paying your New Balance by the due date

You are not charged interest on purchases while in an Interest Free Period. Your account enters an Interest Free Period when you pay your New Balance as shown on your statement by the Payment Due Date, or if your account had no previous balance. If you have an active Plan It plan, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

You are not charged interest on purchases when you are in an Interest Free Period.

Your account enters an Interest Free Period when you pay your New Balance as shown on your statement by the Payment Due Date or your account had no previous balance.

If you have an active plan created through Plan It, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Qualifications & exceptions

• The protection is stated for purchases only.

Not stated here

• The terms 'Balance Adjusted for Plans' and 'Adjusted Balance' are used without a definition in this text.

Charges & Financial Obligations · Company practice

Outside an Interest Free Period, purchases are charged interest from the transaction date

When your account is not in an Interest Free Period, the issuer charges interest on purchases from the date of the transaction. After you enter an Interest Free Period again, interest may still appear on your next billing statement, reflecting interest charged from the beginning of that billing cycle through the date the payment was received. For more detail the section points to the 'How we calculate interest' section.

Supporting quotations

When your account is not in an Interest Free Period, we charge interest on purchases from the date of the transaction.

After you enter an Interest Free Period again, interest may appear on your next billing statement. This reflects interest charged from the beginning of that billing cycle through the date the payment was received.

For more details about how we calculate your interest charges, see the How we calculate interest section of this agreement.

Charges & Financial Obligations · Company practice

Balance transfers and cash advances are charged interest from the transaction date and have no Interest Free Period

Balance Transfers and Cash Advances are charged interest from the date of the transaction and do not have an Interest Free Period. The agreement defines a cash advance as a charge to get cash or cash equivalents (including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions) and a balance transfer as a charge to pay an amount you owe on another credit card account.

Supporting quotations

Balance Transfers and Cash Advances will be charged interest from the date of the transaction and do not have an Interest Free Period.

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

A balance transfer is a charge to pay an amount you owe on another credit card account.

Qualifications & exceptions

• Part 2 says the issuer may permit cash advances and balance transfers 'at our discretion' and that balances cannot be transferred from other accounts issued by the issuer or its affiliates.

Legal Rights & Agreement Rules · User right or choice

Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement, and you can request a copy

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement. You can request a copy through your online account or by calling the number on the back of your Card.

Supporting quotations

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement. You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.

Not stated here

• Supplements or amendments that are not part of these three parts are not supplied in this document.

Legal Rights & Agreement Rules · User right or choice

Using the Account, or signing or keeping the Card, means you agree; you can cancel without fees if you have not used it

This document, together with Part 1 and Part 3, makes up the Card Member Agreement for the Account, and any supplements or amendments are also part of it. When you use the Account (or you sign or keep the Card), you agree to the terms. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Supporting quotations

This document together with Part 1 and Part 3 make up the Card Member Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement.

When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.

If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Qualifications & exceptions

• The right to cancel without fees is conditioned on not having used the Account and not having made a payment after receiving a billing statement.

Not stated here

• The text does not state a deadline for cancelling under this provision or how to cancel; Part 3 says the Account may be closed by calling or writing.

Legal Rights & Agreement Rules · Permission or license

The issuer may change the Agreement, subject to applicable law, and oral side agreements do not modify it

The issuer may change the Agreement, subject to applicable law. The written Agreement is described as the final expression of the agreement governing the Account, and it may not be modified or amended by any alleged oral agreement.

Supporting quotations

We may change this Agreement, subject to applicable law. This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be modified or amended by any alleged oral agreement.

Not stated here

• The agreement does not describe a notice period or procedure for changes; 'subject to applicable law' leaves those requirements to law outside this text.

Legal Rights & Agreement Rules · Context

Key terms: 'you' is the applicant, a 'purchase' includes person-to-person transactions, a 'plan' is a Plan It plan

The Agreement defines 'we', 'us' and 'our' as the issuer shown on page 1 of Part 1, and 'you' and 'your' as the person who applied for the Account and for whom it was opened, called the Basic or Primary Card Member. A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods, services, or person-to-person transactions. A plan is a portion of the balance you have selected to pay over time in a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that the issuer receives it and credits it to the Account by that date. The Closing Date is the last day of the billing period covered by a billing statement.

Supporting quotations

We, us, and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for this Account and for whom we opened the Account. We will refer to you as either the Basic or Primary Card Member.

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions.

A plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• Because a purchase is defined to include person-to-person transactions, purchase terms in the agreement (for example the purchase APR and interest-free treatment) are written in terms of that defined word; the definitions of cash advance, balance transfer and person-to-person transaction appear in the same paragraph.

Account & Service Control · Restriction or exception

Personal, family or household use only; plans, cash advances and balance transfers are at the issuer's discretion

You may use the Card to make charges. At its discretion, the issuer may permit you to create plans, make cash advances or make balance transfers. You cannot transfer balances from any other account issued by the issuer or its affiliates. You agree to use the Card for personal, family, or household purposes only.

Supporting quotations

You may use the Card to make charges. At our discretion, we may permit you to create plans, make cash advances or balance transfers.

You cannot transfer balances from any other account issued by us or our affiliates.

You agree to use the Card for personal, family, or household purposes only.

Not stated here

• The agreement does not say what consequence follows from using the Card for other purposes beyond the default and closing rights in Part 3.

Sharing & Disclosure · User right or choice

The issuer may tell merchants storing your Card number about new numbers, expiration dates or Account status

If you let certain merchants or third parties store your Card number and expiration date (for example so a merchant can charge your Account at regular intervals), the issuer may, but is not required to, tell those merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled. If you do not want the issuer to share your updated Account information, you can contact the issuer using the number on the back of your Card.

Supporting quotations

We may (but are not required to) tell these merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled.

If you do not want us to share your updated Account information, please contact us using the number on the back of your Card.

Qualifications & exceptions

• Sharing is described for merchants and third parties that store your Card information for charges you arranged.

Not stated here

• The agreement does not name the merchants or third parties, and does not say how an opt-out request is recorded or whether it prevents all such updates.

Security & Safeguards · Restriction or exception

Keep the Card safe, report loss or unauthorized use right away, and do not use the Account for illegal activities

You must keep your Card safe and not let anyone else use it. If your Card is lost or stolen or your Account is being used without your permission, you should contact the issuer right away. You may not use your Account for illegal activities.

Supporting quotations

Keep your Card safe and don't let anyone else use it. If your Card is lost or stolen or your Account is being used without your permission, contact us right away. You may not use your Account for illegal activities.

Not stated here

• This paragraph does not state how much you could owe for unauthorized use; liability for that is not addressed in this paragraph.

Account & Service Control · Permission or license

The issuer may decline a charge for various reasons even when you are within your limit and in good standing

The issuer may decline to authorize a charge for various reasons, including suspected fraud or its assessment of your creditworthiness, even if the charge would not take you over your Credit Limit and even if your Account is not in default. It is not responsible for losses you incur if it does not authorize a charge or if a merchant refuses to accept the Card.

Supporting quotations

We may decline to authorize a charge for various reasons, including if we suspect fraud or based on our assessment of your creditworthiness, even if the charge would not cause you to go over your Credit Limit and even if your Account is not in default.

We are not responsible for any losses you incur if we do not authorize a charge or if any merchant refuses to accept the Card.

Qualifications & exceptions

• The reasons are introduced with 'including', so the two listed reasons are examples.

Charges & Financial Obligations · Permission or license

Plan It: payment plans for qualifying purchases, with a monthly plan fee in place of the purchase APR

The issuer may offer Plan It, a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee that is a fixed finance charge charged each month a plan is active. You select qualifying purchases or a qualifying amount and a plan duration, and can view the monthly plan payments, including the plan fee, for your selection. Each plan fee is disclosed before you create the plan and is based on the plan duration, the APR that would otherwise apply, and other factors. The purchases or amount are added to a plan balance and are subject to a plan fee instead of the APR for purchases. A qualifying purchase is a purchase of at least a specified dollar amount, and a qualifying amount is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if your Card has a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to the issuer, such as Annual Fees.

Supporting quotations

We may offer you Plan It, which allows you to create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee. This fee is a fixed finance charge that will be charged each month that a plan is active.

You will be able to view the monthly plan payments, including the plan fee, for your selection. Each plan fee will be disclosed before you create the applicable plan and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors.

When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance.

do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees

Qualifications & exceptions

• Plan It is offered at the issuer's choice ('may offer'); eligibility conditions and limits on the number of plans are in the next section.

Not stated here

• The specified dollar amount for a qualifying purchase and the specified portion for a qualifying amount are not stated in this agreement.

Charges & Financial Obligations · Restriction or exception

Creating Plan It plans depends on creditworthiness, limits and account status, and the issuer can change the rules

Whether you can create plans is based on factors such as your creditworthiness and Credit Limit. You cannot create plans if your Account is cancelled, or if one or more of your American Express accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. The issuer tells you how many active plans you may have and may change that number at any time. The plan durations offered and your ability to include several qualifying purchases or a qualifying amount in one plan are at the issuer's discretion. You agree to manage your Account so the total of your plan balances (including plan fees) is not more than your Credit Limit.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Credit Limit.

You will not be able to create plans if your Account is cancelled. You will also not be able to create plans if one or more of your American Express accounts is enrolled in a payment program, or has a payment that is returned unpaid, or is past due.

We will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion

You agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

Qualifications & exceptions

• The creditworthiness and Credit Limit factors are introduced as examples ('such as').

Not stated here

• The agreement does not define 'payment program' or state the number of active plans permitted.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled, but paying the New Balance in full pays a plan off early with no further plan fees

Plans cannot be cancelled after they have been created. You can choose to pay a plan early by paying in full the New Balance shown on your most recent billing statement. If you pay a plan off early, you will not incur any future plan fees on that plan.

Supporting quotations

Plans cannot be cancelled after they have been created but you can choose to pay them early by paying the New Balance shown on your most recent billing statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan.

Charges & Financial Obligations · Company commitment

You promise to pay all charges, including those others make or are permitted to make, and the minimum by the due date

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if the Card is not presented or the transaction is not signed for. You must pay at least the Minimum Payment Due on or before the Payment Due Date, in the time and manner shown on each billing statement. Part 2 also says you are responsible for all use of your Account by Additional Card Members and anyone they allow to use it.

Supporting quotations

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction.

You must pay at least the Minimum Payment Due on or before the Payment Due Date in the time and manner shown on each billing statement.

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made.

Qualifications & exceptions

• The promise applies to charges 'added to your Account'; Part 2's security paragraph separately asks you to report unauthorized use.

Charges & Financial Obligations · Procedure

Payments must be in U.S. dollars by check, negotiable instrument or electronic payment, with steps for mailed payments

Payments must be made in U.S. dollars with a single check drawn on a U.S. bank, a single negotiable instrument clearable through the U.S. banking system (for example a money order), or an electronic payment that can be cleared through the U.S. banking system. For payments by mail you must make a separate payment for each Account, mail it to the address on the payment coupon on your billing statement, and write your Account number on the check or negotiable instrument and include the payment coupon.

Supporting quotations

Make payments to us in U.S. dollars with:

a single check drawn on a U.S. bank, or

a single negotiable instrument clearable through the U.S. banking system, for example a money order, or

an electronic payment that can be cleared through the U.S. banking system.

make a separate payment for each Account,

mail your payment to the address shown on the payment coupon on your billing statement, and

write your Account number on your check or negotiable instrument and include the payment coupon.

When making a payment by mail:

Charges & Financial Obligations · Company practice

A conforming payment received by the cutoff is credited that day, otherwise the next; delays can add fees and interest

If your payment meets the requirements, the issuer credits it to your Account as of the day it is received, as long as it is received by the time and in the manner disclosed in your billing statement. If it is received after that time, it is credited on the day after it is received. If the payment does not meet the requirements, there may be a delay in crediting your Account, which may result in late payment fees and additional interest charges. 'To pay by a certain date' means to send your payment so that the issuer receives it and credits it to your Account by that date.

Supporting quotations

If your payment meets the above requirements, we will credit it to your Account as of the day we receive it, as long as we receive it by the time and in the manner disclosed in your billing statement. If we receive it after that time, we will credit the payment on the day after we receive it.

If your payment does not meet the above requirements, there may be a delay in crediting your Account. This may result in late payment fees and additional interest charges (see the How Rates and Fees Work in Part 1).

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date.

Not stated here

• The cutoff time is not stated here; it is 'disclosed in your billing statement'.

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S. bank payments are refused; processing a late or restricted payment waives no rights

The issuer will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside the U.S. If the issuer processes a late payment, a partial payment, or a payment marked with any restrictive language, that has no effect on its rights and does not change the Agreement.

Supporting quotations

We will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S.

If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement.

Charges & Financial Obligations · Procedure

Payments go first to plan amounts, then the lowest-rate balance; amounts above the minimum go to the highest-rate one

Because an Account may have balances at different interest rates and plan balances with plan fees, the issuer generally applies payments in a billing period this way. Payments up to the Minimum Payment Due go first to any plan amounts included in the Minimum Payment Due, then to the balance subject to the lowest interest rate, then to balances at higher rates. After the Minimum Payment Due has been paid, payments go to the balance subject to the highest interest rate, then to balances at lower rates, and then to any plan balances.

Supporting quotations

here is how we generally apply payments in a billing period:

We apply your payments, up to the Minimum Payment Due, first to any Plan amounts included in your Minimum Payment Due, then to the balance subject to the lowest interest rate, and then to balances subject to higher interest rates.

After the Minimum Payment Due has been paid, we apply your payments to the balance subject to the highest interest rate, then to balances subject to lower interest rates, and then to any Plan balances.

Qualifications & exceptions

• The order is described as how payments are 'generally' applied.

Charges & Financial Obligations · Procedure

Credits generally go to the same balance as the charge, and payments within balances may be applied in any order

In most cases a credit is applied to the same balance as the related charge, for example a purchase credit goes to the purchase balance. The issuer may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If any balance is negative at the end of a billing period, the excess credit is redistributed to other balances under the payment application rules, so in some circumstances plan balances may get paid before they otherwise would. If you receive a credit for a purchase placed into a plan, you must call the issuer at the number on the back of your Card to have the credit applied to the plan balance.

Supporting quotations

In most cases, we apply a credit to the same balance as the related charge.

We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose.

If there is a negative balance in any balance on the account at the end of a billing period, that excess credit will be redistributed to other balances in accordance with how we apply payments described above.

If you receive a credit for a purchase placed into a plan, you must call us at the number on the back of your Card to have the credit applied to the Plan balance.

Charges & Financial Obligations · Company practice

Interest on a balance equals its Average Daily Balance times its Daily Periodic Rate times the days in the period

The issuer calculates interest for a billing period by figuring the interest on each balance and adding the results. Different categories of transactions, such as purchases and cash advances, may have different interest rates, and balances within a category may also have different rates. It uses the Average Daily Balance method (including new transactions). Apart from rounding, the interest on a balance is the Average Daily Balance multiplied by the Daily Periodic Rate multiplied by the number of days in the billing period. The Daily Periodic Rate (DPR) is defined as 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Supporting quotations

Different categories of transactions--such as purchases and cash advances--may have different interest rates. Balances within each category may also have different interest rates.

We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance.

The interest charged for a balance in a billing period, except for variations caused by rounding, equals:

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period.

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Qualifications & exceptions

• The rest of the calculation (daily balances, compounding, and the DPR reference) is in the next section.

Not stated here

• The agreement does not list the DPR figures for this card (see the next section).

Charges & Financial Obligations · Context

The Average Daily Balance averages the daily balances over the period, and the DPR is 1/365th of an APR

To get the Average Daily Balance for a balance, the issuer adds up its daily balances and divides the result by the number of days in the billing period. A Daily Periodic Rate (DPR) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Supporting quotations

ADB: To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days in the billing period.

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Charges & Financial Obligations · Context

This agreement says your DPRs are shown in Part 1, but the published text lists no DPR values

The interest section says 'Your DPRs are shown in How Rates and Fees Work in Part 1.' The How Rates and Fees Work section in Part 1 of this published agreement holds the Explanation of Variable Rates, the Determining the Prime Rate paragraph, the fee descriptions and the limits, and the Rates and Fees Table gives the APRs as the Prime Rate plus a margin. None of these lists a Daily Periodic Rate value. The agreement elsewhere says that variable APRs and 'corresponding DPRs' change together. This analysis does not calculate DPR values from the APRs and does not take them from another document; it records that the published agreement does not show them.

Supporting quotations

Your DPRs are shown in How Rates and Fees Work in Part 1.

How Rates and Fees Work

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase.

Determining the Prime Rate: Prime Rate means the highest U.S. Prime Rate

Qualifications & exceptions

• Source gap, not a reading uncertainty: the reference is quoted as written and the promised values are not present in the published agreement. The DPR is defined in the same paragraph as 1/365th of an APR, but the Prime Rate is not stated in the agreement, so no DPR can be derived from it.

Not stated here

• The DPR values the sentence refers to; they would appear in a cardholder's personal Part 1, which is not part of this public document.

Charges & Financial Obligations · Context

Worked example: a 15.99% rate, a $2,250 average daily balance and 30 days produce $29.57 in interest

The agreement's example assumes a single interest rate of 15.99%, an Average Daily Balance of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which it gives as 0.0438%. The interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57.

Supporting quotations

Assume that you have a single interest rate of 15.99%, your ADB is $2,250 and there are 30 days in the billing period. The DPR is 15.99% divided by 365 days equals 0.0438%

The Interest is $2,250 multiplied by 0.0438% multiplied by 30 days equals $29.57

Qualifications & exceptions

• The example uses an assumed 15.99% rate for illustration; it is not a rate stated for this Card.

Charges & Financial Obligations · Company practice

Daily balances are built up from new charges, payments and credits, and interest compounds daily

The issuer figures the daily balance for each balance by taking the beginning balance for the day, adding any new charges, subtracting any payments or credits, and making any appropriate adjustments. A new charge is added to a daily balance as of its transaction date, and a negative daily balance is treated as zero. For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the period, the beginning balance is the previous day's daily balance plus interest equal to the previous day's daily balance multiplied by the DPR for that balance. The agreement says this method results in daily compounding of interest.

Supporting quotations

Daily Balance: We figure the daily balance for each balance by:

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

We add a new charge to a daily balance as of its transaction date. If the daily balance is negative, we treat it as zero.

For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest.

the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance. This method of figuring the beginning balance results in daily compounding of interest.

Qualifications & exceptions

• 'Appropriate adjustments' is not defined.

Charges & Financial Obligations · Permission or license

The issuer may use other formulas that produce equivalent results, and may choose not to charge interest on some charges

To figure the Average Daily Balance and interest charges, the issuer may use other formulas or methods that produce equivalent results. It may also choose not to charge interest on certain types of charges.

Details not recorded for this card

Supporting quotations

To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges.

Not stated here

• The agreement does not say which types of charges the issuer may choose not to charge interest on.

Legal Rights & Agreement Rules · User right or choice

Armed Forces members and dependents are protected by a 36% annual percentage rate limit on the cost of credit

The agreement states that federal law gives members of the Armed Forces and their dependents protections on consumer credit. In general, the cost of consumer credit to such a person may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable to the credit transaction or Account, credit insurance premiums, fees for ancillary products sold in connection with the credit transaction, any application fee (other than certain application fees for specified credit transactions or Accounts), and any participation fee (other than certain participation fees for a credit Card Account).

Supporting quotations

Military Lending Act: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent.

This rate must include, as applicable to the credit transaction or Account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or Accounts); and any participation fee (other than certain participation fees for a credit Card Account).

Qualifications & exceptions

• Stated 'In general'; the exceptions are described only as 'certain' fees and are not detailed here.

Not stated here

• Which application and participation fees are excluded is not specified in this agreement.

Legal Rights & Agreement Rules · User right or choice

Covered borrowers are not subject to the arbitration provision, though arbitration they elect will be honored

The agreement offers a phone number, 855-531-0379, to listen to the Military Lending Act statement and a description of your payment obligation for this Account. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. If you elect arbitration, the issuer will comply with its obligations under the Claims Resolution section.

Supporting quotations

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of this Agreement will not apply to you in connection with this Account. However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.

Not stated here

• The text does not define who counts as a 'covered borrower'; it refers to the Military Lending Act.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court and jury trial and class or representative actions — Covered borrowers under the Military Lending Act are not subject to the Arbitration provision, which otherwise lets either side elect individual arbitration; the issuer will still comply with its obligations if the borrower elects arbitration.

Account & Service Control · Permission or license

Additional Cards are issued at your request; their use is subject to the Agreement and may be reported to credit bureaus

The issuer may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of the Agreement, and the issuer may report their use of your Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on your Account, the text says it is shown on page 2 of Part 1.

Supporting quotations

We may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies.

If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of this Agreement.

You may request a Card for an Additional Card Member.

Qualifications & exceptions

• Part 1's fee section says the Annual Fee for Additional Cards is None; this paragraph is conditional ('If an Annual Fee applies').

Account & Service Control · Company practice

You are responsible for all use by Additional Card Members, and authorize the issuer to give them Account information

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account, and you must pay for all charges made. You also authorize the issuer to give Additional Card Members information about your Account and to discuss it with them. You can contact the issuer to cancel an Additional Card Member's ability to use the Account. If an Annual Fee applies to an Additional Card, the refund policy in the Closing or suspending your Account sub-section of Part 3 applies, and if a single Annual Fee applies for a group of Additional Cards, that policy applies when you cancel the Additional Card on which the fee was assessed.

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made.

You also authorize us to give Additional Card Members information about your Account and to discuss it with them.

Contact us if you want to cancel an Additional Card Member's ability to use your Account.

If a single Annual Fee applies for a group of Additional Cards on your Account, this policy will apply when you cancel the Additional Card on which the fee was assessed.

Account & Service Control · Company practice

Notices go by mail, courier or electronically and count as given when mailed or delivered electronically

The issuer sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails it or delivers it electronically, not when you receive it.

Supporting quotations

We send notices by U.S. mail, courier, or electronically using the information in our records. We consider a notice given when we mail it or deliver it electronically.

Not stated here

• The agreement does not say which channel the issuer uses for which notice.

Use & Processing · Permission or license

You authorize the issuer and its agents to contact you by many means, including automated dialers and texts

For servicing the Account or collecting amounts you owe, you authorize the issuer, its affiliates, agents and contractors (such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact the issuer, or at which the issuer believes it can reach you. It may contact you in any way permitted by law, such as calling, texting, emailing or sending mobile application push notifications. It may use an automated dialer or prerecorded messages, and may contact you on a mobile, wireless or similar device even if you are charged for it.

Supporting quotations

If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you.

We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.

Qualifications & exceptions

• The authorization is stated for contact needed to service the account or collect amounts owed, and contact must be by methods 'permitted by law'.
• It extends to numbers or addresses the issuer 'believes' can reach you, not only ones you supplied.

Not stated here

• The agreement does not describe a way to opt out of this contact authorization in this paragraph.

Data Access & Collection · Company practice

The issuer may monitor and record calls between you and it

The issuer may monitor and record any calls between you and the issuer.

Supporting quotations

We may monitor and record any calls between you and us.

Not stated here

• The agreement does not say how long recordings are kept or how they are used.

Account & Service Control · Restriction or exception

You must tell the issuer right away if your address, email or phone changes, separately for each Account

You must notify the issuer immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify the issuer separately for each Account. The issuer may update your billing address if it receives information that it has changed or is incorrect.

Supporting quotations

You must notify us immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify us separately for each Account. We may update your billing address if we receive information that it has changed or is incorrect.

Not stated here

• The agreement does not say where the issuer may get information that an address is incorrect.

Legal Rights & Agreement Rules · Restriction or exception

If the issuer credits a disputed charge, you assign your claims against the merchant to it

If you dispute a charge with a merchant, the issuer may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to the issuer all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount, and you must cooperate with the issuer if it decides to pursue the merchant.

Supporting quotations

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so.

Qualifications & exceptions

• Crediting a disputed charge is at the issuer's choice ('may'); tort claims are excluded from the assignment.

Linking & Identification · Permission or license

You agree the issuer will obtain credit reports, verify income, use the data for any purpose and report to bureaus

You agree that the issuer will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources, including information to verify and re-verify your employment and income. You agree that the issuer will use that information for any purposes, for example marketing to you or evaluating you for a new account, subject to applicable law. You agree that the issuer will give information about the Account to credit reporting agencies. The issuer will tell a credit reporting agency if you fail to comply with the Agreement, which may have a negative impact on your credit report.

Supporting quotations

You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources including information to verify and re-verify your employment and income.

And you agree that we will use such information for any purposes (for example, marketing to you or evaluating you for a new account), subject to applicable law.

You agree that we will give information about the Account to credit reporting agencies. We will tell a credit reporting agency if you fail to comply with the terms of this Agreement. This may have a negative impact on your credit report.

Qualifications & exceptions

• The use of the information for 'any purposes' is limited by 'subject to applicable law'.

Not stated here

• The 'other sources' of information are not identified.

Legal Rights & Agreement Rules · User right or choice

To challenge information given to a credit reporting agency, write to the American Express Credit Bureau Unit in El Paso

If you believe information the issuer has given to a credit reporting agency is incorrect, you can write to American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, and tell it the specific information you believe is incorrect.

Supporting quotations

If you believe information we have given to a credit reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the specific information you believe is incorrect.

Not stated here

• The agreement does not describe how the issuer handles such a letter or how long it takes.

Account & Service Control · Restriction or exception

The issuer may treat the Account as in default for five stated reasons, including a belief you cannot pay

The issuer may consider your Account to be in default if you violate a provision of the Agreement, you give it false information, you file for bankruptcy, you default under another agreement you have with it or an affiliate, or it believes you are unable or unwilling to pay your debts when due.

Supporting quotations

We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

you default under another agreement you have with us or an affiliate, or

we believe you are unable or unwilling to pay your debts when due.

Qualifications & exceptions

• Default is at the issuer's choice ('may consider'); the last trigger rests on the issuer's belief.

Not stated here

• The text of any other agreement you have with the issuer or an affiliate is not supplied here, so this card cannot say what would count as a default under it.

Account & Service Control · Permission or license

On default, incapacity or death the issuer may suspend charging, cancel features and demand the whole balance

If the issuer considers your Account in default, or if you become incapacitated or die, it may, to the extent permitted by federal and applicable state law, suspend your ability to make charges, cancel or suspend any feature on your Account, require you to pay more than your Minimum Payment Due immediately, and require you to pay your Account balance immediately.

Supporting quotations

If we consider your Account in default, or if you become incapacitated or die, we may, to the extent permitted by federal and applicable state law:

suspend your ability to make charges,

cancel or suspend any feature on your Account,

require you to pay more than your Minimum Payment Due immediately, and

require you to pay your Account balance immediately.

Qualifications & exceptions

• These rights apply 'to the extent permitted by federal and applicable state law'.

Charges & Financial Obligations · Company practice

You agree to pay the issuer's reasonable costs of collecting what you owe, including attorneys' fees

You agree to pay all reasonable costs, including attorneys' fees, that the issuer incurs to collect amounts you owe.

Supporting quotations

You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe.

Not stated here

• The agreement does not set a cap or describe how these costs are shown on the Account.

Account & Service Control · Permission or license

The issuer may cancel the Account or suspend charges at any time for any reason, and you still owe all charges

The issuer may, at any time and for any reason, cancel your Account, suspend your ability to make charges, or cancel or suspend any feature on your Account. If it does any of these, you must still pay for all charges under the terms of the Agreement. If it later agrees to reinstate your Account, it may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement.

If we later agree to reinstate your Account, we may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Account & Service Control · User right or choice

You may close the Account by calling or writing; the annual fee is refunded only if you close within 30 days

You may close your Account by calling or writing to the issuer. If an Annual Fee applies, it will be refunded if you notify the issuer that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after those 30 days the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts when you close your Account, this refund policy does not apply to you. If your account is cancelled and the issuer re-opens it at your request, it may charge you a $25 fee.

Supporting quotations

You may close your Account by calling us or writing to us.

If an Annual Fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after this 30-day period, the Annual Fee is non-refundable.

If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.

If your account is cancelled and we re-open it at your request, we may charge you a $25 fee.

The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• The refund depends on the 30-day window counted from the Closing Date of the statement showing the fee.
• The re-opening fee is written here as 'may charge'; Part 1's fee section states a $25 fee without 'may'.

Not stated here

• The agreement does not state what refund rule applies to Massachusetts billing addresses; it says only that this policy does not apply.

Use & Processing · Permission or license

Paying by check authorizes a one-time electronic debit, possibly the same day, and the check is not returned

When you pay by check, you authorize the issuer to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account. When it does this, your payment may be withdrawn as soon as the same day it receives your check, and you will not receive the check back from your bank or financial institution. In certain circumstances the issuer may process your payment as a check transaction.

Supporting quotations

When you pay us by check, you authorize us to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account.

When we do this, your payment may be withdrawn from your bank or other asset account as soon as the same day we receive your check, and you will not receive that check back from your bank or financial institution. In certain circumstances, we may process your payment as a check transaction.

Not stated here

• The 'certain circumstances' in which a payment is processed as a check transaction are not described.

Charges & Financial Obligations · Company practice

AEEML converts foreign-currency charges to U.S. dollars at a rate the issuer finds acceptable, within stated limits

If you make a charge in a foreign currency, AE Exposure Management Ltd. (AEEML) converts it into U.S. dollars on the date the issuer or its agents process it, and the issuer bills you in U.S. dollars on that conversion. Unless a particular rate is required by law, AEEML chooses a conversion rate that is acceptable to the issuer for that date. The rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. The rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) are billed at the rates they use. The 2.7% foreign transaction fee applies to the converted U.S. dollar amount.

Supporting quotations

If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion.

Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge.

We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

• The rate is described as 'no more than' the highest official or interbank rate; the paragraph does not state a minimum or a margin.
• In Part 1 this paragraph is referred to as 'Converting charges made in a foreign currency in Part 2', but it appears under the Part 3 heading in this document.

Not stated here

• The actual rate used, and any markup, are not stated in the agreement.

Cross-references

• referred to by (model-proposed): A 2.7% foreign transaction fee applies on the U.S. dollar amount after conversion — The foreign transaction fee card points readers to the conversion paragraph. The cross-reference names Part 2 while the paragraph appears under the Part 3 heading in this document.

Data Access & Collection · Company practice

Charge data from federal agencies that accept the Card is collected, used routinely and may be aggregated for marketing

Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, the issuer collects certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register.

Supporting quotations

Privacy Act of 1974: Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register.

Qualifications & exceptions

• The paragraph is headed 'Privacy Act of 1974' and covers charges made at federal agencies.

Not stated here

• Which charge information is collected is described only as 'certain charge information'; the Federal Register notices on other routine uses are not supplied here.

Content & IP Rights · Company practice

The issuer or its affiliates may tell you about products and may be compensated, which can influence what is promoted

The issuer or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of its affiliates may act on behalf of a provider of these products and may be compensated for this. The insurance products are not offered or sold by the issuer or on its behalf. Affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers the issuer or its affiliates tell you about.

Supporting quotations

We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this.

The insurance products are not offered or sold by us or on our behalf. Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about.

Not stated here

• The amount of any compensation and the specific products are not stated.

Sharing & Disclosure · Permission or license

The issuer may share information about you with its affiliates to identify products for you, and may be compensated

The issuer may share information about you with its affiliates so they can identify products that may interest you. The issuer may be compensated for this information.

Supporting quotations

We may share information about you with our affiliates so they can identify products that may interest you. We may be compensated for this information.

Not stated here

• The paragraph does not say which information is shared, which affiliates receive it, or whether you can opt out; any such choices are not in this text.

Account & Service Control · Permission or license

The issuer may add, modify or remove any benefit, feature or service at its discretion

The issuer has the right to add, modify or remove any benefit, feature or service included with or related to your Account at its discretion.

Supporting quotations

We have the right to add, modify or remove any benefit, feature or service included with or related to your Account at our discretion.

Not stated here

• The agreement does not describe notice before benefits change.

Legal Rights & Agreement Rules · Restriction or exception

The issuer may sell or assign the Agreement and your Account at any time without notice; you may not

The issuer may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement.

Supporting quotations

We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive it on any other occasion

The issuer may choose to delay enforcing or to not exercise rights under the Agreement. If it does this, it does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

We do not waive our rights: We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.

Legal Rights & Agreement Rules · Context

Utah and federal law govern, and Maryland residents' Accounts are offered under a Maryland commercial law subtitle

Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. The issuer says it entered into the Agreement with you in Utah, where it is located and holds your Account. If your Account has a Maryland billing address, the issuer elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article, to the extent, if any, that Maryland law applies to your Account.

Supporting quotations

Utah law and federal law govern this Agreement and your Account without regard to internal principles of conflicts of law. We entered into this Agreement with you in Utah, where we are located and hold your Account.

Maryland residents: If your Account has a Maryland billing address, we elect to offer your Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.

Qualifications & exceptions

• The Maryland election applies only 'to the extent, if any, that Maryland law applies'.

Not stated here

• The text of the Maryland statute is not supplied, so this card cannot say what it provides.

Charges & Financial Obligations · User right or choice

Oregon residents: service charges are limited to those permitted by law, and you may pay more than the minimum

The Oregon notice says service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. It also says you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Qualifications & exceptions

• The paragraph is addressed to Oregon residents; Part 1 states the same right to pay more than the minimum without limiting it to Oregon.

Charges & Financial Obligations · User right or choice

Washington residents owe no interest caused solely by a delay in posting a return credit

The Washington notice says that, under the Revised Code of Washington Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to the issuer within seven working days a credit for goods or services accepted for return or forgiven, if you have notified the issuer of the merchant's delay in posting the credit, or from the issuer's failure to post such credit to your Account within three working days of receiving the credit.

Supporting quotations

Notice for residents of Washington State: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your Account within three working days of our receipt of the credit.

Qualifications & exceptions

• The merchant-delay protection applies if you have notified the issuer of the merchant's delay; the sentence's grammar leaves it unclear whether that notice condition also applies to the issuer's own three-working-day failure. The text is quoted as written.
• The protection covers only interest charges that result solely from the delay.

Not stated here

• The statute (Section 63.14.167) is cited by name and number only; its text is not supplied here, so this card cannot say more about its scope.

Legal Rights & Agreement Rules · Procedure

Claims start with Customer Service, then mediation, arbitration or litigation; you may reject arbitration

Most concerns can be resolved by calling Customer Service at the number on the back of the Card. If Customer Service cannot resolve a complaint to your satisfaction, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase; the rejection rules appear later in the section.

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card.

In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase.

Your rejection notice must be mailed within 45 days after your first Card purchase.

Qualifications & exceptions

• The 45-day window runs from your first Card purchase.

Not stated here

• The sample documents the section points to (such as the sample claim and rejection notices on americanexpress.com) are not supplied here.

Legal Rights & Agreement Rules · Context

'Claim' is defined very broadly and 'you and us' includes affiliates, corporate parents and related persons

For the Claims Resolution section, 'you' and 'us' include any corporate parents, subsidiaries, affiliates or related persons or entities. A 'Claim' means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with the issuer, except for the validity, enforceability or scope of the Arbitration provision. It includes (but is not limited to) initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements, advertisements and promotions related to accounts or financed goods or services, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities.

Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision.

Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and

(4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account.

You may not sell, assign or transfer a claim.

Qualifications & exceptions

• The definition of Claim continues across two blocks in the stored text: items (1) to (3) are in the first and item (4) is in the second. It is introduced as 'includes but is not limited to'.
• The validity, enforceability or scope of the Arbitration provision is excluded from 'Claim'.

Legal Rights & Agreement Rules · Procedure

Before suing, mediating or arbitrating, each side sends a written claim notice stating the claim and relief demanded

Before beginning a lawsuit, mediation or arbitration, you and the issuer agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve the claim informally or through mediation. The notice must describe the claim and state the specific relief demanded. Notice to you may be given by your billing statement or sent to your billing address. Notice to the issuer must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim goes to arbitration, the amount of any relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation.

The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.

If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Qualifications & exceptions

• The notice requirement applies to lawsuits as well as mediation and arbitration.

Not stated here

• The sample claim notice at americanexpress.com/claim is referred to but not supplied here.

Legal Rights & Agreement Rules · Procedure

Mediation is optional, starts within 30 days of a claim notice through JAMS or AAA, and the issuer pays the mediator

In mediation a neutral mediator helps the parties reach agreement but does not decide the claim. Before beginning mediation, a claim notice must be sent. Within 30 days after sending or receiving a claim notice, you or the issuer may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. The issuer pays the mediator's fees. Mediation-related communications are confidential, inadmissible in court and not subject to discovery. Statutes of limitation are tolled from the date the claim notice is sent until the mediation ends. Either side may end the mediation at any time, and submitting or not submitting a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS

We will pay the fees of the mediator.

All mediation-related communications are confidential, inadmissible in court and not subject to discovery.

All applicable statutes of limitation will be tolled from the date you or we send the claim notice until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

Qualifications & exceptions

• The 30-day period runs from sending or receiving the claim notice.

Not stated here

• The mediation rules of JAMS and AAA are not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which removes court and jury trial and class or representative actions

You or the issuer may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or to have a jury trial on it, and neither has the right to participate in a representative capacity or as a member of any class for a claim subject to arbitration. The agreement describes arbitration procedures as generally simpler than court and discovery as more limited; the arbitrator's authority is limited to claims between you and the issuer alone, and claims may not be joined or consolidated unless both agree in writing. An award applies only to the specific case, decisions are as enforceable as any court order, and review by a court is very limited, so the arbitrator's decision is final and binding except as the later appeal provisions allow. Other rights available in court may also not be available in arbitration. The issuer will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

Supporting quotations

You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.

If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing.

The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

Qualifications & exceptions

• The waiver of court, jury and class rights applies once any party elects arbitration for a claim; the section also describes a way to reject arbitration (see the overview card) and an exception for covered borrowers under the Military Lending Act (see that card).
• The small-claims carve-out applies only while the claim is individual and pending only in that court.

Cross-references

• has exception (model-proposed): Covered borrowers are not subject to the arbitration provision, though arbitration they elect will be honored — Covered borrowers under the Military Lending Act are not subject to the Arbitration provision, which otherwise lets either side elect individual arbitration; the issuer will still comply with its obligations if the borrower elects arbitration.
• has exception (model-proposed): You can reject arbitration by mailing a signed notice within 45 days after your first Card purchase — A timely, compliant rejection notice removes the Arbitration provision for the person who sends it, which otherwise lets either side elect individual arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration is started after a claim notice and referred to JAMS or AAA as chosen by the party electing it

Before beginning arbitration, a claim notice must first be sent. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration. Claims are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If the issuer chooses the organization, you may select the other within 30 days after receiving notice of the issuer's selection. Claims may also be referred to another arbitration organization if both agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Supporting quotations

Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.

Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.

Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Qualifications & exceptions

• The selected organization's rules apply except where they conflict with the Agreement.

Not stated here

• The rules of JAMS and AAA, and the Federal Arbitration Act, are cited but their text is not supplied here.

Legal Rights & Agreement Rules · Procedure

Arbitration can be elected at any time until trial begins or a final judgment is entered, and delay waives nothing

Apart from the small-claims carve-out, you or the issuer may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing or not exercise rights under the Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Supporting quotations

You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, with no class or representative claims; if that limit fails, arbitration falls away

If either side elects arbitration, the claim is arbitrated on an individual basis. There is no right or authority for claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. If any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than that sentence) will not apply.

Supporting quotations

Limitations on Arbitration: If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.

Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Qualifications & exceptions

• Source ambiguity: the phrase 'without waiving the right to appeal such decision' is not tied to an identified decision; it is quoted as written and not interpreted further.

Legal Rights & Agreement Rules · Procedure

The FAA governs; the arbitrator applies substantive law, not court procedure or evidence rules; it is confidential

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and the issuer agree that the arbitration will be confidential and that the issuer will not disclose the content of the proceeding or its outcome to anyone, although either side may notify any government authority of the claim as permitted or required by law.

Supporting quotations

This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery.

Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law.

Qualifications & exceptions

• The confidentiality sentence about non-disclosure is written as the issuer's promise ('we will not disclose'); the preceding sentence says the arbitration will be confidential for both sides.

Not stated here

• The text of the Federal Arbitration Act is not supplied here.

Legal Rights & Agreement Rules · Procedure

For claims of $10,000 or less you choose documents, phone or in-person; hearings are in your federal district

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator provides a brief written explanation of the award. At your election, arbitration hearings take place in the federal judicial district of your residence. Judgment on any award may be entered in any court having jurisdiction.

Supporting quotations

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing.

At any party's request, the arbitrator will provide a brief written explanation of the award.

Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.

Qualifications & exceptions

• The choice of hearing format is for claims of $10,000 or less; the venue sentence is stated 'at your election'.

Legal Rights & Agreement Rules · User right or choice

An arbitration award is final unless a party appeals within 35 days to a three-arbitrator panel

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and to challenge or appeal an award under the FAA. To start an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the arbitration organization's appellate rules.

Supporting quotations

The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued.

The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules.

Not stated here

• The appellate rules of the arbitration organization are not supplied here.

Legal Rights & Agreement Rules · Company commitment

You pay arbitration fees only up to a court filing fee; beating the final offer brings a $5,000 minimum plus fees

You are responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. The issuer is responsible for any additional arbitration fees. At your written request, the issuer will consider in good faith making a temporary advance of your share of arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer the issuer made before the final hearing, the award will include any money to which you are entitled (but in no case less than $5,000) and any reasonable attorneys' fees, costs and expert and other witness fees.

Supporting quotations

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees.

At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include:

(1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

Qualifications & exceptions

• The temporary advance is something the issuer will 'consider in good faith', not a commitment to pay.

Legal Rights & Agreement Rules · User right or choice

You can reject arbitration by mailing a signed notice within 45 days after your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998. The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature; no one else may sign it. If the notice complies, the Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send the notice. Rejecting does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, and does not affect your ability to use your Card or any other benefit, product or service with your Account.

Supporting quotations

Your Right to Reject Arbitration: You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998.

Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice.

Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Qualifications & exceptions

• Rejection also removes arbitration provisions in your other currently open American Express accounts' agreements, except Corporate Card accounts and claims already in pending litigation or arbitration.

Not stated here

• The sample rejection notice at americanexpress.com/reject is referred to but not supplied here.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court and jury trial and class or representative actions — A timely, compliant rejection notice removes the Arbitration provision for the person who sends it, which otherwise lets either side elect individual arbitration.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives closure and sale of the Account, and an invalid part does not void the rest

The Claims Resolution section survives termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account, and in the case of a sale its terms apply to the buyer of your Account. If any portion of the section is deemed invalid or unenforceable, it does not invalidate the remaining portions, except as otherwise provided in the Limitations on Arbitration subsection.

Supporting quotations

Continuation: This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account).

If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.

We may sell, transfer or assign this Agreement and your Account.