The Platinum Card® from American Express for Goldman Sachs Agreement

Legal Rights & Agreement Rules · Context

Part 1 is stated as of 06/30/2026 and names American Express National Bank as issuer

This Part 1 of the Card Member Agreement for the Goldman Sachs Platinum Card® is dated "As of: 06/30/2026", and it names American Express National Bank as the issuer.

Supporting quotations

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

Qualifications & exceptions

• The date is the document's own "As of" date; the document does not say whether it replaces an earlier version or whether a later version exists.

Charges & Financial Obligations · Company practice

Pay Over Time APR is Prime Rate plus 12.74% to 21.74%; cash advance APR is Prime Rate plus 21.99%

The table gives variable APRs, each stated as the Prime Rate plus a margin. The APR for Pay Over Time is the Prime Rate plus a margin between 12.74% and 21.74%, and the APR for cash advances is the Prime Rate plus 21.99%. Both are variable, and the table sends the reader to the Explanation of Variable Rates for how they change.

Supporting quotations

Annual Percentage Rate (APR) for Pay Over Time | Prime Rate + 12.74% to Prime Rate + 21.74% This is a variable APR. See Explanation of Variable Rates below.

APR for Cash Advances | Prime Rate + 21.99% This is a variable APR. See Explanation of Variable Rates below.

Qualifications & exceptions

• These are margins over the Prime Rate, not final percentage rates; the Prime Rate itself is not given in the table.

Not stated here

• The public table does not say which margin within the 12.74% to 21.74% range applies to a given Account or what decides it.

Cross-references

• qualified by (model-proposed): Variable APRs follow the Prime Rate, change at the start of the billing period, and are capped at 29.99% — The Explanation of Variable Rates, which the table rows point to, says how the variable APRs change and that they are capped at 29.99%.
• defined by (model-proposed): The Prime Rate is the highest U.S. Prime Rate published in The Wall Street Journal on the Closing Date — The Prime Rate used in the APR margins is defined in Determining the Prime Rate.

Charges & Financial Obligations · Restriction or exception

A penalty APR of Prime Rate plus 26.74% can apply after a missed or returned payment, for at least 6 months

The penalty APR is a variable rate of the Prime Rate plus 26.74%. The issuer may apply it to new transactions in a Pay Over Time balance if you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date, or if your payment is returned by your bank (the issuer will notify you if so). Once applied it lasts at least 6 months. The Account is reviewed every 6 months after that, 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 in a Pay Over Time balance if:

you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) 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 table says the right applies to new transactions in a Pay Over Time balance.
• The trigger is a missed Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date, or a payment returned by your bank.

Not stated here

• This table row does not say whether the penalty APR also reaches Cash Advance balances or existing Pay Over Time balances.

Cross-references

• qualified by (model-proposed): Variable APRs follow the Prime Rate, change at the start of the billing period, and are capped at 29.99% — The penalty APR row says it is variable and points to the Explanation of Variable Rates.

Charges & Financial Obligations · Company practice

Paying in full can avoid interest on automatically added charges; cash advances accrue interest from day one

The Payment Due Date is at least 25 calendar days after each billing period closes. The table says interest is not charged on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance (or, with a Plan balance, your Adjusted Balance) by the Payment Due Date. The detailed grace-period section states the condition for charges added automatically to a Pay Over Time balance as a billing-period test: no interest if the Pay Over Time Previous Balance is zero, or if the previous two billing periods were paid in full by their due dates. It also says charges moved from Pay In Full to Pay Over Time on the Closing Date start accruing interest the day after they are moved. Cash advances accrue interest from the transaction date.

Supporting quotations

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

We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement (or, if you have a Plan balance, your Adjusted Balance on your billing statement) by the Payment Due Date.

If you have Cash Advance on your Account, we will begin charging interest on cash advances on the transaction date.

For charges or portions of charges that we automatically move from your Pay In Full balance to your Pay Over Time balance on your Closing Date, we charge interest from the day after they are added to your Pay Over Time balance until they are paid. However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

Qualifications & exceptions

• The table sentence covers charges automatically added to a Pay Over Time balance, not cash advances.
• The table words the condition as paying each month; the grace-period section words it as a zero Pay Over Time Previous Balance or the previous two billing periods paid in full.

Not stated here

• The document does not say how the table wording and the grace-period section wording are to be reconciled if they differ.

Cross-references

• qualified by (model-proposed): Pay Over Time charges accrue interest from the transaction date unless a zero balance or two paid-in-full periods apply — The grace-period section states the conditions under which interest is not charged on automatically added charges, which the table row summarizes.

Charges & Financial Obligations · Company practice

Plan It charges a monthly plan fee of up to 1.33% of each purchase placed in a plan

A plan is a payment plan for a purchase. The fee is a monthly plan fee, called a Fixed Finance Charge, of up to 1.33% of each purchase placed in a plan. It is based on an APR, the plan duration and other factors. The APR used depends on where the purchase sits: the APR that would otherwise apply (for a Pay Over Time purchase), the Pay Over Time APR at the time the plan is created (for a Pay In Full purchase), or the lower of the two (for a purchase divided between the two). Each plan fee is disclosed before the plan is created. Plans cannot be cancelled once created, but paying the Account Total New Balance in full on the most recent statement pays a plan off early and ends future plan fees on that plan.

Supporting quotations

Plan Fee (Fixed Finance Charge) | A monthly plan fee of up to 1.33% of each purchase placed in a plan based on:

the plan duration; and other factors.

Each plan fee will be disclosed before you create the applicable plan.

If you create a plan for a purchase in your Pay Over Time balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that would otherwise apply to the purchase amount.

Plans cannot be cancelled after they have been created, but you can choose to pay them early by paying the Account Total 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.

Qualifications & exceptions

• "Up to 1.33%" is a monthly ceiling per purchase placed in a plan; the actual dollar amount is shown before a plan is set up.

Not stated here

• The "other factors" that affect the plan fee are not listed.

Cross-references

• narrowed by (model-proposed): A plan fee is based on the APR that applies to where the purchase sits, using the lower APR for split purchases — The Plan It section explains which APR the plan fee is based on for each balance type.

Legal Rights & Agreement Rules · Context

The table points to the CFPB website for credit card tips

The table refers readers who want to learn about factors to consider when applying for or using a credit card to the Consumer Financial Protection Bureau website, giving the address http://www.consumerfinance.gov/learnmore.

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.

Qualifications & exceptions

• This is a pointer to outside information, not a term of the Account.

Charges & Financial Obligations · Company practice

The Annual Fee is $895

The Rates and Fees Table lists an Annual Fee of $895.

Supporting quotations

Annual Fee | $895

Not stated here

• This table row does not say when the fee is charged or how to get it refunded.

Cross-references

• qualified by (model-proposed): You may close by call or letter; the Annual Fee is refunded only if you close within 30 days of its statement — The Annual Fee is refundable only if the Account is closed within 30 days after the Closing Date of the statement showing the fee, and not at all for a Massachusetts billing address.

Charges & Financial Obligations · Company practice

A cash advance fee is the greater of $10 or 5% of the cash advance

The table lists a cash advance transaction fee of either $10 or 5% of the amount of each cash advance, whichever is greater.

Supporting quotations

Cash Advance: Either $10 or 5% of the amount of each cash advance, whichever is greater.

Cross-references

• narrowed by (model-proposed): The 5% cash advance fee counts any ATM operator fee, has a $10 minimum, and is added to the Cash Advance balance — The explanation adds that the 5% fee includes any ATM operator fee and is added to the Cash Advance balance.
• defined by (model-proposed): Cash advances include cash equivalents such as foreign currency, digital currency, casino chips and betting — The cash advance fee applies to charges that fall within the definition of a cash advance.

Charges & Financial Obligations · Company practice

The table lists no foreign transaction fee

The Transaction Fees row states "Foreign Transaction: None."

Supporting quotations

Foreign Transaction: None.

Qualifications & exceptions

• Foreign-currency charges are still converted into U.S. dollars as described later in the Agreement; this row only addresses a foreign transaction fee.

Cross-references

• qualified by (model-proposed): AEEML converts foreign-currency charges to dollars at a rate capped at the highest official or interbank rate — The table lists no foreign transaction fee, but foreign-currency charges are converted to dollars at the AEEML rate described later.

Charges & Financial Obligations · Company practice

Late payment and returned payment fees are each up to $40

The table lists penalty fees of up to $40 for a late payment and up to $40 for a returned payment.

Supporting quotations

Late Payment: Up to $40. Returned Payment: Up to $40.

Not stated here

• This row only states the maximum; the detailed fee amounts are in the How Rates and Fees Work section.

Cross-references

• narrowed by (model-proposed): The late fee is $29, then $40 if repeated within 6 billing periods, capped at the prior statement's amount due — The detailed late payment fee ($29, then $40, with a cap) narrows the table's "up to $40".
• narrowed by (model-proposed): The returned payment fee is $29, then $40 if repeated in the same or next 6 billing periods, with the same cap — The detailed returned payment fee ($29, then $40, with a cap) narrows the table's "up to $40".

Charges & Financial Obligations · Company practice

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

The table says interest is calculated with the average daily balance method (including new purchases) and points to the Part 2 section on how interest is calculated on Pay Over Time and Cash Advance balances.

Supporting quotations

We use a method called average daily balance method (including new purchases). See the How we calculate interest on Pay Over Time and Cash Advance Balances section in Part 2.

Charges & Financial Obligations · Company practice

Variable APRs follow the Prime Rate, change at the start of the billing period, and are capped at 29.99%

If the Prime Rate increases, variable APRs (and corresponding DPRs) increase, so you may pay more interest and may have a higher Minimum Payment Due. 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%. The Rates and Fees Table rows for Pay Over Time, cash advances and the penalty APR each say they are variable and point here.

Supporting quotations

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%.

This is a variable APR. See Explanation of Variable Rates below.

Qualifications & exceptions

• The text describes what happens when the Prime Rate increases; it does not separately describe a decrease.

Not stated here

• The public agreement does not show the Daily Periodic Rates (DPRs) that correspond to the variable APRs.

Cross-references

• qualifies (model-proposed): Pay Over Time APR is Prime Rate plus 12.74% to 21.74%; cash advance APR is Prime Rate plus 21.99% — The Explanation of Variable Rates, which the table rows point to, says how the variable APRs change and that they are capped at 29.99%.
• qualifies (model-proposed): A penalty APR of Prime Rate plus 26.74% can apply after a missed or returned payment, for at least 6 months — The penalty APR row says it is variable and points to the Explanation of Variable Rates.

Charges & Financial Obligations · Company practice

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

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 Prime Rate from the previous day it was published is used. If the Journal is no longer 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.

If The Wall Street Journal is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.

Cross-references

• defines (model-proposed): Pay Over Time APR is Prime Rate plus 12.74% to 21.74%; cash advance APR is Prime Rate plus 21.99% — The Prime Rate used in the APR margins is defined in Determining the Prime Rate.

Charges & Financial Obligations · Company practice

Additional Platinum Cards cost $195 a year and Companion Platinum Cards $0; refund rules are in Part 3

Each Additional Platinum Card has an annual fee of $195 and each Companion Platinum Card $0. The Annual Fee for the main card is in the Rates and Fees Table on page 1 of Part 1. Where an Annual Fee applies for an Additional Card, the refund policy is the one in the "Closing or suspending your Account" sub-section of Part 3, and if one Annual Fee covers a group of Additional Cards, that policy applies when the Additional Card on which the fee was assessed is cancelled.

Supporting quotations

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

Each Additional Platinum Card is $195 annually, and each Companion Platinum Card is $0 annually.

If an Annual Fee applies for an Additional Card, please refer to the refund policy disclosed in the Closing or suspending your Account sub-section of Part 3 of this Agreement. 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.

Cross-references

• refers to (model-proposed): You may close by call or letter; the Annual Fee is refunded only if you close within 30 days of its statement — The Additional Card annual fee refers to the refund policy in the Closing or suspending your Account sub-section of Part 3.

Charges & Financial Obligations · Company practice

The plan fee is a fixed finance charge each month a plan is active, and its dollar amount is disclosed before setup

The plan fee is described in the Rates and Fees Table. It is a fixed finance charge charged each month a plan is active. The dollar amount of the plan fee is disclosed before you set up a plan, and the agreement points to its About Plan It section for more detail.

Supporting quotations

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. For more information, see About Plan It in Part 2.

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.

Charges & Financial Obligations · Company practice

The 5% cash advance fee counts any ATM operator fee, has a $10 minimum, and is added to the Cash Advance balance

The cash advance fee is 5% of an ATM cash advance (including any fee charged by the ATM operator) or of another cash advance, with a minimum of $10. The issuer adds this fee to the Cash Advance balance.

Supporting quotations

5% of an ATM cash advance (including any fee charged by the ATM operator) or other cash advance, with a minimum of $10. We will add this fee to the Cash Advance balance.

Qualifications & exceptions

• The Rates and Fees Table states the same fee as the greater of $10 or 5%.

Cross-references

• narrows (model-proposed): A cash advance fee is the greater of $10 or 5% of the cash advance — The explanation adds that the 5% fee includes any ATM operator fee and is added to the Cash Advance balance.

Charges & Financial Obligations · Company practice

No foreign transaction fee, but foreign-currency charges are converted to dollars by AEEML at a rate it chooses

The fee section lists the foreign transaction fee as "None". Separately, a charge made in a foreign currency is converted into U.S. dollars by AE Exposure Management Ltd. ("AEEML") on the date the issuer or its agents process it. AEEML chooses a rate acceptable to the issuer for that date, unless law requires a particular rate; the rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies on the conversion date or the prior business day. The rate may differ from rates in effect on the date of your charge.

Supporting quotations

Foreign Transaction: None.

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.

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.

Qualifications & exceptions

• "No foreign transaction fee" does not mean the conversion rate is free of cost; the rate is set as described.

Not stated here

• The agreement does not state the conversion rate or a markup.

Charges & Financial Obligations · Company practice

The late fee is $29, then $40 if repeated within 6 billing periods, capped at the prior statement's amount due

If the Amount Due (or Minimum Payment Due, if applicable) is not received by the Payment Due Date, the late fee is $29. If it happens again within the next 6 billing periods, the fee is $40. The late fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on the prior billing statement.

Supporting quotations

Late Payment: Up to $40. If we do not receive the Amount Due (or Minimum Payment Due, if applicable) by the 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 Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Cross-references

• narrows (model-proposed): Late payment and returned payment fees are each up to $40 — The detailed late payment fee ($29, then $40, with a cap) narrows the table's "up to $40".

Charges & Financial Obligations · Company practice

The returned payment fee is $29, then $40 if repeated in the same or next 6 billing periods, with the same cap

If a payment is returned unpaid the first time it is presented to your bank, the returned payment fee is $29. If this happens again within the same billing period or the next 6 billing periods, the fee is $40. The returned payment fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on the 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 Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Cross-references

• narrows (model-proposed): Late payment and returned payment fees are each up to $40 — The detailed returned payment fee ($29, then $40, with a cap) narrows the table's "up to $40".

Charges & Financial Obligations · Company practice

A returned check fee of $38 plus the unpaid amount applies to checks cashed with the card that are returned unpaid

If you use your card to cash a check at one of the issuer's approved locations and the check is returned unpaid, the fee is $38, and the issuer will also charge you the unpaid amount.

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.

Charges & Financial Obligations · Company practice

An account re-opening fee of $25 applies if a cancelled Account is re-opened at your request

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

Supporting quotations

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

Charges & Financial Obligations · Restriction or exception

Cash advances are limited to $8,000, and the cardholder agrees to manage the Account to stay within that limit

The cash advance balance may not exceed $8,000. There may also be limits on the amount of cash and the number of times you can obtain cash from ATMs in a period. You agree to manage your Account so the cash advance balance, including fees and interest, is not more than the limit. The balance is determined by adding new cash advance transactions to the prior day's ending cash advance balance.

Supporting quotations

Cash Advance Limit: Your cash advance balance may not exceed $8,000.

There may also be a limit on the amount of cash and number of times you can obtain cash from ATMs in a given period. You agree to manage your Account so that your cash advance balance (including fees and interest) is not more than the Cash Advance Limit.

For purposes of the Cash Advance Limit, your cash advance balance will be determined by adding new cash advance transactions to the ending cash advance balance of the prior day.

Not stated here

• The ATM cash and frequency limits are not stated in the agreement.

Charges & Financial Obligations · Restriction or exception

A cash advance may be declined if it would push total balances over the Pay Over Time Limit

The issuer may decline a cash advance if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to exceed your Pay Over Time Limit.

Supporting quotations

In addition, we may not approve a cash advance transaction if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to go over your Pay Over Time Limit.

Not stated here

• The Pay Over Time Limit amount is account-specific and is not shown in the public agreement.

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions are limited to $4,000 in any 30-day period

Person-to-person transactions may not exceed $4,000 within any 30-day period. You agree to manage your Account so the 30-day total does not exceed the limit, and the issuer may decline a person-to-person transaction that would exceed it.

Supporting quotations

Person-to-Person Limit: Your person-to-person transactions may not exceed $4,000 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 does 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 Limit.

Charges & Financial Obligations · Company practice

The monthly amount owed adds the Pay In Full balance, the Pay Over Time/Cash Advance minimum and any Plan payment

The amount you owe each month is the sum of three items on the billing statement: the Pay In Full New Balance, any Pay Over Time and/or Cash Advance Minimum Due, and any Plan Payment Due. These amounts include any past due amounts.

Supporting quotations

The amount you owe each month is the sum of the following on your billing statement:

The Pay In Full New Balance

Any Pay Over Time and/or Cash Advance Minimum Due

Any Plan Payment Due

Above amounts include any past due amounts.

Charges & Financial Obligations · Procedure

The Pay Over Time/Cash Advance minimum is the highest of $40, 2% of the balance, or a tiered formula

The Pay Over Time and/or Cash Advance Minimum Due is the highest of three figures: $40; 2% of the Pay Over Time and/or Cash Advance New Balance; or a tiered total. For the tiered total, take the New Balance minus the Interest charged on the statement as "the Amount", then add 1% of the Amount from $0 through $20,000, 2% of the part from $20,000.01 through $35,000, 5% of the part from $35,000.01 through $50,000 and 10% of the part above $50,000. Divide that sum by the Amount and round to four decimals, multiply by the Amount, then add the Interest charged on the statement plus any Pay Over Time and/or Cash Advance amount past due. The Minimum Due will not exceed the Pay Over Time and/or Cash Advance New Balance, and you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Your Pay Over Time and/or Cash Advance Minimum Due is the highest of:

$40

2% of the Pay Over Time and/or Cash Advance New Balance

The total calculated by following these steps: Use the Pay Over Time and/or Cash Advance New Balance minus the Interest charged on the billing statement as the Amount to calculate the sum of a. through d. below:

1% of the Amount from $0 through $20,000

2% of the Amount from $20,000.01 through $35,000

5% of the Amount from $35,000.01 through $50,000

10% of the Amount above $50,000

Then divide the sum from steps a. through d. by the Amount and round to four decimals

Multiply by the Amount

Add the Interest charged on the billing statement Plus any Pay Over Time and/or Cash Advance amount past due.

Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash Advance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Qualifications & exceptions

• The tiered percentages apply to successive slices of the Amount, as the tier labels indicate.

Charges & Financial Obligations · Context

Worked example: with a $30,300 Pay Over Time/Cash Advance balance, the first two minimum candidates are $40 and $606

The example assumes a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300 that includes $300 of Interest. The first candidate is $40 and the second is 2% multiplied by $30,300, which equals $606. The third (tiered) candidate starts by subtracting the $300 interest from $30,300 to get $30,000, and is completed in the next section.

Supporting quotations

EXAMPLE: You have: a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300, which includes Interest of $300.

$40

2% multiplied by $30,300 equals $606

$30,300 minus $300 equals $30,000

Qualifications & exceptions

• The example is an illustration of the formula, not a statement of any cardmember's minimum.

Charges & Financial Obligations · Context

Worked example result: the tiered candidate is $699, so the Minimum Payment Due is $899

In the example, the tiered candidate works out as follows: the Amount is $30,000; 1% of $20,000 is $200; 2% of the next $10,000 is $200; the 5% and 10% tiers are $0; ($200 plus $200) divided by $30,000 is 0.0133; $30,000 multiplied by 0.0133 is $399; and adding the $300 interest gives $699. The highest of the three candidates ($40, $606, $699) is $699. That Pay Over Time and/or Cash Advance Minimum Due plus the $200 Pay In Full New Balance makes a Minimum Payment Due of $899.

Supporting quotations

$30,300 minus $300 equals $30,000

a. 1% multiplied by $20,000 equals $200

b. 2% multiplied by ($30,000 minus $20,000) equals $200

c. 5% multiplied by $0 equals $0

d. 10% multiplied by $0 equals $0

e. ($200 plus $200) divided by $30,000 equals 0.0133

f. $30,000 multiplied by 0.0133 equals $399

g. $399 plus $300 equals $699

The highest of 1., 2. or 3. is $699. The Pay Over Time and/or Cash Advance Minimum Due of $699 plus the Pay in Full New Balance of $200 together make up the Minimum Payment Due of $899.

2% multiplied by $30,300 equals $606

Qualifications & exceptions

• The example illustrates the formula with assumed balances; it is not any cardmember's actual figure.

Charges & Financial Obligations · Company practice

Cash advances accrue interest from the transaction date and the interest cannot be avoided

For cash advances, interest is charged from the transaction date, and the agreement states you cannot avoid paying interest on cash advances.

Supporting quotations

For cash advances, we charge interest from the transaction date. You cannot avoid paying interest on cash advances.

Charges & Financial Obligations · Company practice

Pay Over Time charges accrue interest from the transaction date unless a zero balance or two paid-in-full periods apply

Charges added automatically to a Pay Over Time balance when they post accrue interest from the transaction date until paid. Charges or portions of charges that the issuer automatically moves from the Pay In Full balance to the Pay Over Time balance on the Closing Date accrue interest from the day after they are added until paid. Interest is not charged on charges added automatically to the Pay Over Time balance in a billing period if either (a) the Pay Over Time Previous Balance for that billing period is zero, or (b) you paid the Account Total New Balance (or, with an active Plan It plan, the Adjusted Balance) in full by the Payment Due Date for each of the previous two billing periods.

Supporting quotations

For charges added automatically to a Pay Over Time balance at the time they post to your account, we charge interest from the transaction date until they are paid.

For charges or portions of charges that we automatically move from your Pay In Full balance to your Pay Over Time balance on your Closing Date, we charge interest from the day after they are added to your Pay Over Time balance until they are paid.

However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

your Pay Over Time Previous Balance for the billing period is zero; or

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement

you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.

Qualifications & exceptions

• The Rates and Fees Table words the interest-free condition as paying the balance each month; this section words it as the two alternatives above.

Not stated here

• The section does not say whether the "However" exception applies to the charges moved on the Closing Date as well as to charges added when they post.
• The document does not explain how the table wording and this section's wording fit together if they differ.

Cross-references

• qualifies (model-proposed): Paying in full can avoid interest on automatically added charges; cash advances accrue interest from day one — The grace-period section states the conditions under which interest is not charged on automatically added charges, which the table row summarizes.

Charges & Financial Obligations · Company practice

Purchases added at your request to a Pay Over Time Select balance accrue interest from the date they are added

For Pay Over Time Select, interest is charged on purchases added at your request to a Pay Over Time Select balance from the date they are added until they are paid.

Supporting quotations

For Pay Over Time Select: we charge you interest on purchases added at your request to a Pay Over Time Select balance from the date they are added to a Pay Over Time Select balance until they are paid.

Not stated here

• The agreement does not explain how a Pay Over Time Select balance is set up or what its rate is.

Legal Rights & Agreement Rules · User right or choice

Parts 1, 2 and 3 plus supplements and amendments make up the Card Member Agreement; a copy can be requested

Part 1, Part 2, Part 3 and any supplements or amendments make up the 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.

Legal Rights & Agreement Rules · Company practice

Using the Account, or signing or keeping the Card, accepts the Agreement; an unused Card can be cancelled without fees

Part 2 together with Part 1 and Part 3, and any supplements or amendments, make up the Card Member Agreement for the Account. You agree to its terms when you use the Account (or you sign or keep the Card). The agreement also says that 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.

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.

Qualifications & exceptions

• The sentence on cancelling without fees is worded as "not yet used the Account or made a payment on the Account after receiving a billing statement" and does not further define when this window ends.

Not stated here

• The agreement does not say whether the cancellation sentence requires both conditions (no use and no payment) or either one; the wording is quoted as given.

Legal Rights & Agreement Rules · Permission or license

The issuer may change the Agreement subject to applicable law, and oral agreements cannot 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 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.

Qualifications & exceptions

• The change power is limited by "applicable law", which the document does not specify.

Not stated here

• This passage does not describe any notice period or any right to reject a change.

Legal Rights & Agreement Rules · Context

"You" is the applicant (Primary Card Member), "we" is the issuer, and a Card is any device accessing the Account

We, us and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for the Account and for whom it was opened, called the Basic or Primary Card Member. You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members, and the issuer may issue Additional Cards at your request. Card means any American Express Card or other device the issuer issues to access your Account.

Supporting quotations

Definitions: 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. You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members. Card means any American Express Card or other device that we issue to access your Account.

We may issue Additional Cards on your Account at your request.

Legal Rights & Agreement Rules · Context

Charge, purchase, person-to-person transaction, plan and Closing Date have defined meanings

A charge is any amount added to the Account, such as purchases, cash advances, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex Send Account. A plan is a portion of the Account balance selected to be paid in a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period it covers.

Supporting quotations

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

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.

A plan is a portion of your Account balance that you have selected to pay through a set number of monthly payments using Plan It. 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 includes person-to-person transactions, person-to-person charges are also purchases under this definition.

Charges & Financial Obligations · Context

Cash advances include cash equivalents such as foreign currency, digital currency, casino chips and betting

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. This matters because cash advances carry their own APR, fee, limit and interest start date elsewhere in the Agreement.

Supporting quotations

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.

Qualifications & exceptions

• The list is introduced by "including", so it is not stated to be complete.

Cross-references

• defines (model-proposed): A cash advance fee is the greater of $10 or 5% of the cash advance — The cash advance fee applies to charges that fall within the definition of a cash advance.

Account & Service Control · Restriction or exception

Charges are approved at the issuer's decision, and the Card is for personal, family or household purposes only

You may use the Card to make charges, but the issuer decides whether to approve a charge, based on how you spend and pay on this Account and your other Accounts with it. It also considers your credit history and score and the personal resources it knows about. You agree to use the Card for personal, family or household purposes only.

Supporting quotations

You may use the Card to make charges. We decide whether to approve a charge, based on how you spend and pay on this Account and other Accounts you have with us.

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

We also consider your credit history and score and your personal resources that we know about.

Account & Service Control · Restriction or exception

A Spending Limit, if shown in Part 1, makes declines more likely and can be changed or removed at any time

If Part 1 shows a Spending Limit, the Account has a preset Spending Limit. If the total balance exceeds it, the issuer is more likely to decline charges. The issuer may still approve charges that push the balance over the limit, and you must pay them. It may also decline charges that would not exceed the limit, and may change or remove the Spending Limit at any time.

Supporting quotations

However, if there is a Spending Limit on page 1 of Part 1 of this Agreement, then your Account has a preset Spending Limit. If at any time your total balance exceeds this Spending Limit, we are more likely to decline to authorize your charges.

We may approve charges that cause your total balance to exceed the Spending Limit. If we do, you must still pay us for those charges. We may also decline to authorize charges, even if they do not cause your total balance to exceed the Spending Limit. We may change or remove the Spending Limit at any time.

Not stated here

• The public Part 1 shows no Spending Limit; whether and in what amount one applies to an Account is not stated here.

Sharing & Disclosure · Permission or license

The issuer may tell merchants storing your Card details about changes or Account status unless you ask it not to

You may arrange for merchants and third parties to store your Card number and expiration date, for example for regular charges. The issuer may (but is 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 the Account is cancelled. If you do not want the issuer to share the updated Account information, you can contact it using the number on the back of your Card.

Supporting quotations

You may arrange for certain merchants and third parties to store your Card number and expiration date

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 as something the issuer "may" do, not something it will always do.

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

Account & Service Control · Restriction or exception

The issuer may decline a charge even if the Account is not in default and is not responsible for resulting losses

The issuer may decline to authorize a charge for various reasons, including if it suspects fraud or based on its assessment of your creditworthiness, even if the Account is not in default. It is not responsible for any 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 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

• "Various reasons, including" means the listed reasons are examples.

Charges & Financial Obligations · Company practice

Pay Over Time lets you carry a balance with interest up to the Pay Over Time Limit and can be set active or inactive

If Pay Over Time is a feature of the Account, you may carry a balance with interest, up to your Pay Over Time Limit. It has two settings, active and inactive, which you can change or view at any time online or by calling the number on the back of the Card. Purchases made and Annual Fees charged while it is inactive are added to the Pay In Full balance, which is due in full each month. With a Pay Over Time balance, each month you can pay the Account Total New Balance in full, the Minimum Payment Due, or any amount in between. How charges are added to the Pay Over Time balance is described in the following passages.

Supporting quotations

Pay Over Time: If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit. Pay Over Time has two settings: active and inactive. You can change or view your Pay Over Time setting at any time through your online account or by calling the number on the back of your Card.

Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month.

If you have a Pay Over Time balance, you can choose each month to pay your Account Total New Balance in full, the Minimum Payment Due, or any amount in between.

Qualifications & exceptions

• The feature applies only "if Pay Over Time is a feature of your Account".

Not stated here

• The Pay Over Time Limit amount is account-specific and is not shown in the public agreement.

Charges & Financial Obligations · Company practice

Eligible charges are added to the Pay Over Time balance on the transaction date if it is active at 8 p.m. ET

If Pay Over Time is active at 8 p.m. ET on the transaction date the merchant provides for an eligible charge, or on the date an eligible Annual Fee is charged, the charge is automatically added to the Pay Over Time balance, subject to the Pay Over Time Limit. If adding the whole charge would push the total of the Pay Over Time, Cash Advance and Plan balances over the limit, that charge goes to the Pay In Full balance instead. The merchant's transaction date may differ from the purchase date, for example because of a delay or because the merchant uses the shipping date. Charges with the same transaction date are added in any order the issuer chooses.

Supporting quotations

On the Transaction Date:

If Pay Over Time is set to active at 8 p.m.ET on the transaction date provided by the merchant for an eligible charge, or on the date when an eligible Annual Fee is charged to your Account, the charge will automatically be added to your Pay Over Time balance, subject to your Pay Over Time Limit.

If the addition of an entire charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

The transaction date provided by the merchant may differ from the date you made the purchase if, for example, there is a delay in the merchant submitting the transaction to us or if the merchant uses the shipping date as the transaction date. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

Charges will be added to your Pay Over Time balance as described below.

The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances.

Qualifications & exceptions

• Only "eligible" charges are added; ineligible charges are addressed in the Closing Date list and the eligibility paragraph that follow.

Not stated here

• The Pay Over Time Limit amount is account-specific and is not shown in the public agreement.
• "Eligible charge" is not defined in one place; the eligibility paragraph says cash advances are not eligible and eligibility may change.

Cross-references

• qualified by (model-proposed): Some charges are not eligible, and the issuer may change eligibility or suspend Pay Over Time — Charges are added to Pay Over Time on the transaction date only if eligible, and Pay Over Time can be suspended.

Charges & Financial Obligations · Company practice

On the Closing Date, eligible charges in the Pay In Full balance can be moved to Pay Over Time up to the limit

On the Closing Date, if (1) the total of the Pay Over Time, Cash Advance and Plan balances is less than the Pay Over Time Limit, Pay Over Time is set to active at 8 p.m. ET, and there are eligible new charges in the Pay In Full balance with a transaction date when Pay Over Time was active, you authorize the issuer to automatically move all or a portion of those charges to the Pay Over Time balance, subject to the limit. If a whole charge would exceed the limit, a portion up to the limit is moved and the rest stays in Pay In Full. Charges are moved in transaction-date order, and in any order for the same date. Interest on moved charges starts the day after they are moved.

Supporting quotations

On your Closing Date:

Also, if on your Closing Date, 1) the total of your Pay Over Time, Cash Advance, and Plan balances is less than your Pay Over Time Limit,

Pay Over Time is set to active at 8 p.m. ET and 3) there are eligible new charges in your Pay In Full balance with a transaction date when Pay Over Time was set to active, you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.

If the addition of a charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, we will move a portion of that charge to your Pay Over Time balance, up to your Pay Over Time Limit. The remaining portion of the charge will remain in your Pay In Full balance. Eligible charges will be moved to your Pay Over Time balance in order of the transaction dates. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

we charge interest from the day after they are added to your Pay Over Time balance until they are paid.

Qualifications & exceptions

• The source text shows the conditions as "1)" and "3)"; the marker "2)" does not appear in the extracted text, and the second condition (Pay Over Time active at 8 p.m. ET) begins the list item that follows the first.

Not stated here

• The extracted text omits the "2)" marker; the three conditions are read as listed in the passage.

Cross-references

• has exception (model-proposed): Charges that are foreign-fee, disputed, fraud-reported or in a plan are not moved to Pay Over Time on the Closing Date — The listed charges are not eligible to be moved to Pay Over Time on the Closing Date.

Charges & Financial Obligations · Restriction or exception

Charges that are foreign-fee, disputed, fraud-reported or in a plan are not moved to Pay Over Time on the Closing Date

A new charge, or a portion of one, is not eligible to be moved to the Pay Over Time balance on the Closing Date if: it is subject to a Foreign Transaction Fee; it is disputed for a reason other than fraud and the dispute is not resolved in the billing period in which it was opened; it is reported as fraudulent and either was determined fraudulent in the same billing period it posted or has not yet been determined as of that period; you created a plan for it using Plan It; Pay Over Time is suspended on the Account; or the Account is cancelled or enrolled in a payment program.

Supporting quotations

A new charge, or a portion of a new charge, will not be eligible to be moved to your Pay Over Time balance on your Closing Date if:

that charge is subject to a Foreign Transaction Fee;

that charge or a portion of that charge is disputed (for a reason other than fraud) and that dispute is not resolved in the same billing period in which it was opened;

that charge or a portion of that charge is reported as fraudulent and either (i) we determined the charge is fraudulent in the same billing period in which it was posted to your Account, or (ii) we have not yet determined if the charge is fraudulent in the same billing period in which it was posted to your Account;

you created a plan for that charge using Plan It;

Pay Over Time is suspended on your Account; or

your Account is cancelled or enrolled in a payment program.

Qualifications & exceptions

• The list applies to the Closing Date move; the transaction-date addition has its own eligibility language.
• The Rates and Fees Table lists no foreign transaction fee, so the Foreign Transaction Fee item reads as applying only if such a fee is charged.

Cross-references

• exception to (model-proposed): On the Closing Date, eligible charges in the Pay In Full balance can be moved to Pay Over Time up to the limit — The listed charges are not eligible to be moved to Pay Over Time on the Closing Date.

Charges & Financial Obligations · Restriction or exception

Some charges are not eligible, and the issuer may change eligibility or suspend Pay Over Time

Certain charges, such as cash advances, are not eligible for Pay Over Time, and the issuer may change the eligibility of other charges. It may suspend Pay Over Time at any time based on its assessment of your creditworthiness, the status of your Account and/or your enrollment in a payment program. If the Account is past due or Pay Over Time is suspended, you cannot change the Pay Over Time setting from inactive to active.

Supporting quotations

Certain charges are not eligible for Pay Over Time, such as cash advances and we may change the eligibility of other charges for Pay Over Time. We may suspend Pay Over Time at any time based on our assessment of your creditworthiness, the status of your Account, and/or your enrollment in a payment program. In addition, if your Account is past due or Pay Over Time is suspended, you will not be able to change your Pay Over Time setting from inactive to active.

Qualifications & exceptions

• The phrase "such as cash advances" gives an example; the full list of ineligible charges is not stated.

Not stated here

• The agreement does not list all charges that are ineligible for Pay Over Time.

Cross-references

• qualifies (model-proposed): Eligible charges are added to the Pay Over Time balance on the transaction date if it is active at 8 p.m. ET — Charges are added to Pay Over Time on the transaction date only if eligible, and Pay Over Time can be suspended.

Account & Service Control · Company practice

If you transfer to a new Card with the same Account number, your Pay Over Time setting stays in effect

If you transfer to a new Card that keeps the same Account number, the Pay Over Time setting you had at the time of the transfer remains in effect on the new Card.

Supporting quotations

If you transfer to a new Card with the same Account number, your Pay Over Time setting at time of transfer will remain in effect on your new Card.

Charges & Financial Obligations · Company practice

Pay Over Time Travel adds eligible travel purchases automatically whatever the setting, and cancelling it is permanent

If the Account has the Pay Over Time Travel feature, eligible travel-related purchases are automatically added to the Pay Over Time Travel balance, subject to the Pay Over Time Limit, whether the Pay Over Time setting is active or inactive. If you request to cancel Pay Over Time Travel, you will not be able to re-enroll.

Supporting quotations

If you have the Pay Over Time Travel feature on your Account: we will automatically add eligible travel-related purchases to your Pay Over Time Travel balance subject to your Pay Over Time Limit regardless of whether your Pay Over Time setting is active or inactive. If you request to cancel your Pay Over Time Travel feature, you will not be able to re-enroll.

Not stated here

• The agreement does not define which purchases are "eligible travel-related purchases".

Charges & Financial Obligations · Permission or license

Plan It may be offered to create payment plans for qualifying purchases, with a plan fee charged each month

The issuer may offer Plan It, which lets you create a payment plan for qualifying purchases subject to a plan fee. The fee is a fixed finance charge charged each month that a plan is active. You use the feature by selecting qualifying purchases and a plan duration.

Supporting quotations

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

You may use this feature by selecting qualifying purchases and a plan duration.

Qualifications & exceptions

• Plan It is something the issuer "may offer", not a guaranteed feature.

Charges & Financial Obligations · Company practice

A plan fee is based on the APR that applies to where the purchase sits, using the lower APR for split purchases

A plan purchase is added to a plan balance and carries a plan fee based on an APR. For a purchase in the Pay Over Time balance, it is the APR that would otherwise apply to the purchase amount. For a purchase in the Pay In Full balance, it is the APR that applies to the Pay Over Time feature at the time the plan is created. For a purchase divided between the two because only part of it was moved to Pay Over Time on the Closing Date, it is the lower of the APR that would otherwise apply to the Pay Over Time portion and the Pay Over Time feature APR at plan creation.

Supporting quotations

If you create a plan for a purchase in your Pay Over Time balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that would otherwise apply to the purchase amount.

If you create a plan for a purchase that is in your Pay In Full balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that applies to the Pay Over Time feature at the time you create the plan.

If you create a plan for a purchase that is divided between your Pay Over Time and Pay In Full balances, because only a portion of that purchase was moved to your Pay Over Time balance on your Closing Date, the purchase will be added to a plan balance and will be subject to a plan fee based on either the APR that would otherwise apply (to the portion of the purchase that was in your Pay Over Time balance) or the APR that applies to the Pay Over Time feature at the time you create the plan, whichever is lower.

Plan Fee (Fixed Finance Charge) | A monthly plan fee of up to 1.33% of each purchase placed in a plan

we will move a portion of that charge to your Pay Over Time balance, up to your Pay Over Time Limit.

Qualifications & exceptions

• The fee is also based on the plan duration and other factors and is capped at 1.33% per month of each purchase, as the Rates and Fees Table states.

Cross-references

• narrows (model-proposed): Plan It charges a monthly plan fee of up to 1.33% of each purchase placed in a plan — The Plan It section explains which APR the plan fee is based on for each balance type.

Charges & Financial Obligations · Restriction or exception

Qualifying Plan It purchases meet a minimum amount and exclude cash, foreign-fee purchases and fees owed

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to the issuer, such as Annual Fees.

Supporting quotations

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Not stated here

• The specified minimum dollar amount for a qualifying purchase is not stated in the agreement.

Charges & Financial Obligations · Restriction or exception

Your ability to create plans depends on credit factors and the Pay Over Time Limit, and is blocked in several situations

Your ability to create plans is based on a variety of factors such as creditworthiness and your Pay Over Time Limit, and you may not be able to create a plan that would exceed that limit. You cannot create plans if Pay Over Time is suspended or the Account is cancelled. You also cannot create plans if one or more of your American Express Accounts is enrolled in a payment program, has a payment that is returned unpaid, or is past due.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Pay Over Time Limit. You may not be able to create a plan if it would cause you to exceed your Pay Over Time Limit.

You will not be able to create plans if your Pay Over Time feature is suspended or 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, has a payment that is returned unpaid, or is past due.

Qualifications & exceptions

• The blocking conditions extend to any of your American Express Accounts, not just this Account.

Charges & Financial Obligations · Permission or license

The number of active plans and the plan durations are at the issuer's discretion and can change

The issuer will tell you the number of active plans you may have and may change that number at any time. The plan durations offered to you, and whether you can include multiple qualifying purchases in a single plan, are at its discretion and based on factors such as your creditworthiness, the purchase amount(s) and your Account history.

Supporting quotations

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 in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history.

Not stated here

• The number of active plans allowed is not stated in the agreement.

Charges & Financial Obligations · Restriction or exception

Plans cannot be cancelled, but paying the Account Total New Balance in full ends future plan fees on a plan

Plans cannot be cancelled after they are created. You can pay them early by paying in full the Account Total New Balance shown on your most recent billing statement, and if you pay a plan off early you will not incur 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 Account Total 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 · Restriction or exception

The Pay Over Time Limit caps the combined Pay Over Time, Cash Advance and Plan balances

If you have Pay Over Time, the issuer assigns a Pay Over Time Limit, shown on page 1 of Part 1 and on each billing statement. It applies to the total of the Pay Over Time, Cash Advance and Plan balances, and the Pay Over Time balance cannot exceed it. If adding a charge would push the Pay Over Time balance over the limit, that charge is added to the Pay In Full balance. A delay in posting cash advances or plans may let the total exceed the limit for a time.

Supporting quotations

Pay Over Time Limit: If you have Pay Over Time, we assign a Pay Over Time Limit to your Account, which is shown on page 1 of Part 1 and on each billing statement. The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances. Your Pay Over Time balance cannot exceed your Pay Over Time Limit. If the addition of a charge would cause your Pay Over Time balance to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance. When there is a delay in posting cash advances or plans to your Account, the total of your Pay Over Time, Cash Advance, and Plan balances may exceed your Pay Over Time Limit.

that charge will be added to your Pay In Full balance.

you may carry a balance with interest, up to your Pay Over Time Limit.

Not stated here

• The amount of the Pay Over Time Limit is shown on page 1 of Part 1 and on statements, not in the public agreement.

Charges & Financial Obligations · Company practice

The Pay Over Time Limit is not a spending limit, may be changed at any time, and other charges must be paid in full

The Pay Over Time Limit is not a spending limit: the issuer may approve or decline a charge whether the Account balance is above or below it. The issuer may increase or reduce the limit at any time, even if you pay on time and the Account is not in default, and will tell you if it changes the limit. You must pay in full, by the Payment Due Date, all charges not added to a Pay Over Time, Cash Advance or Plan balance.

Supporting quotations

The Pay Over Time Limit is not a spending limit. We may approve or decline a charge regardless of whether your Card Account balance is greater or less than your Pay Over Time Limit. We may increase or reduce your Pay Over Time Limit at any time. We may do so even if you pay on time and your Account is not in default. We will tell you if we change your Pay Over Time Limit. You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance, or Plan balance.

Charges & Financial Obligations · Company commitment

You promise to pay all charges added to the Account, and must pay at least the Minimum Payment Due by the due date

You promise to pay all charges added to the Account, including charges you or your Additional Card Members make, or permit others to make, even if the Card is not presented or you do not sign for the transaction. You must pay the Amount Due, or at least the Minimum Payment Due as applicable, on or before the Payment Due Date, in the time and manner shown on each billing statement.

Supporting quotations

Promise to pay: 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.

When you must pay: You must pay the Amount Due, or at least the Minimum Payment Due, as applicable, on or before the Payment Due Date in the time and manner shown on each billing statement.

Charges & Financial Obligations · Procedure

Payments must be in U.S. dollars by U.S. check, negotiable instrument or electronic payment

Payments must be made in U.S. dollars by 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. When paying by mail you must make a separate payment for each Account, send 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

How to make payments: 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.

When making a payment by mail:

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.

Charges & Financial Obligations · Company practice

A compliant payment is credited the day received if on time, otherwise the next day

If a payment meets the requirements above, it is credited to the Account as of the day it is received, as long as it is received by the time and in the manner disclosed in the billing statement. If received after that time, it is credited the day after receipt. If a payment does not meet the requirements, crediting may be delayed, which may result in late payment fees and additional interest charges.

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.

Not stated here

• The cutoff time for same-day crediting is not stated here; it is in the billing statement.

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S. bank payments are refused; late or restricted payments change nothing

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 it 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 · Company practice

Payments up to the Minimum Payment Due go to Pay In Full first; payments above it go to the highest-rate balances first

Where the Account has balances with different interest rates, plan balances or plan fees, payments are generally applied in a billing period as follows. Payments up to the Minimum Payment Due go first to the Pay In Full New Balance, then to any plan amounts included in the Minimum Payment Due, then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to higher-rate balances. After the Minimum Payment Due is paid, payments go first to the Pay Over Time and/or Cash Advance balances with the highest interest rate, then to lower-rate balances, and then to any Plan balances.

Supporting quotations

Your Account may have balances with different interest rates. For example, purchases may have no interest rate or a lower interest rate than cash advances. Your Account may also have plan balances which are assessed plan fees. If your Account has balances with different interest rates, plan balances, or plan fees, here is how we generally apply payments in a billing period:

We apply your payments – up to the Minimum Payment Due – first to the Pay in Full New Balance; then to any plan amounts included in your Minimum Payment Due; and then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to balances with higher interest rates.

After the Minimum Payment Due has been paid, we apply payments first to the Pay Over Time and/or Cash Advance balances with the highest interest rate and then to balances with lower interest rates, and then to any Plan balances.

Qualifications & exceptions

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

Charges & Financial Obligations · Company practice

Credits usually go to the balance of the related charge, and a credit for a plan purchase must be requested by phone

In most cases a credit is applied to the same balance as the related charge. The issuer may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. A negative balance at the end of a billing period is redistributed to other balances under the payment order, so plan balances may be paid before they otherwise would. If you receive a credit for a purchase added to a plan, you must call 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. This means that in certain circumstances, plan balances may get paid before they otherwise would. If you receive a credit for a purchase added to 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 each balance is average daily balance x daily periodic rate x days in the billing period

Interest for a billing period is figured on each balance separately, because balances within Pay Over Time and Cash Advance balances may have different rates, using the Average Daily Balance method (including new transactions). The total interest is the sum of the interest on each balance. Except for rounding, the interest for a balance equals the Average Daily Balance multiplied by the Daily Periodic Rate multiplied by the number of days in the billing period. The Average Daily Balance is the sum of the daily balances divided by the number of days in the billing period.

Supporting quotations

How we calculate interest on Pay Over Time and Cash Advance balances: We calculate interest for a billing period by first figuring the interest on each balance. Balances within the Pay Over Time feature and Cash Advance balances may 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.

Interest: 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.

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.

Cross-references

• defined by (model-proposed): A DPR is 1/365th of an APR, but the public agreement does not list any DPR values — The DPR used in the interest formula is defined as 1/365th of an APR.

Charges & Financial Obligations · Context

A DPR is 1/365th of an APR, but the public agreement does not list any DPR values

A DPR (Daily Periodic Rate) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The agreement says "Your DPRs are shown in How Rates and Fees Work in Part 1", but the public Card Member Agreement does not list any DPR in that section; it gives APRs as the Prime Rate plus a margin and no DPR values. This analysis does not compute DPRs from the APRs or take them from another document.

Supporting quotations

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work in Part 1.

The DPR is 15.99% divided by 365 days equals 0.0438%

Qualifications & exceptions

• The 15.99% in the example is an assumed illustration, not this card's rate.

Not stated here

• The DPR values for this Account are not shown in the published agreement; the reference to them in Part 1 has nothing to point to here.

Cross-references

• defines (model-proposed): Interest on each balance is average daily balance x daily periodic rate x days in the billing period — The DPR used in the interest formula is defined as 1/365th of an APR.

Charges & Financial Obligations · Context

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

The 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 equals 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 rate in the example is assumed and is not this Account's rate.

Charges & Financial Obligations · Company practice

Daily balances add new charges, subtract payments and credits, and treat negatives as zero

The daily balance for each balance is figured 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, except charges automatically moved from Pay In Full to Pay Over Time on the Closing Date, which are added as of the day after they are moved. If a daily balance is negative, it is treated as zero.

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, except for charges automatically moved from your Pay In Full balance to your Pay Over Time balance on your Closing Date, which we add to a daily balance as of the day after they are moved to your Pay Over Time balance. If the daily balance is negative, we treat it as zero.

we charge interest from the day after they are added to your Pay Over Time balance until they are paid.

Not stated here

• The "appropriate adjustments" are not described.

Charges & Financial Obligations · Company practice

Interest compounds daily because each day's balance includes the previous day's interest

For the first day of a billing period, the beginning balance is the prior period's ending balance, including unpaid interest. For the rest of the period, the beginning balance is the previous day's daily balance plus interest equal to that daily balance multiplied by the DPR. The agreement states that this method results in daily compounding of interest.

Supporting quotations

Beginning balance: 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 billing period, 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.

Charges & Financial Obligations · Permission or license

The issuer may use other equivalent interest methods and may choose not to charge interest on certain charges

To figure the average daily balance and interest, 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.

Supporting quotations

Other methods: 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 types of charges on which the issuer may choose not to charge interest are not listed.

Legal Rights & Agreement Rules · User right or choice

Federal law generally caps consumer credit cost for Armed Forces members and dependents at 36 percent

The agreement states that federal law protects members of the Armed Forces and their dependents. In general, the cost of consumer credit to them may not exceed an annual percentage rate of 36 percent. The rate must include, as applicable, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (other than certain application fees) 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

• The statement is a general summary introduced by "In general".

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are not subject to the Arbitration provision

The agreement gives a phone number (855-531-0379) to hear the Military Lending Act statement and a description of the payment obligation. It states that if you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section will not apply to you in connection with this Account. It adds that 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.

Qualifications & exceptions

• This is a carve-out from the Claims Resolution section for covered borrowers and should be read together with the arbitration cards.

Not stated here

• The passage does not define "covered borrower" or say whether the issuer can elect arbitration against a covered borrower; the second sentence speaks only of "you" electing arbitration.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions — The Military Lending Act passage says the Arbitration provision does not apply to a covered borrower, which limits the general right to elect arbitration.

Account & Service Control · Permission or license

Additional Cards can be issued at your request and their use under this Agreement may be reported

The issuer 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 the issuer 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.

Supporting quotations

Additional Card Members: 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 Additional Cards (which include Companion Cards, if available) for Additional Card Members.

Qualifications & exceptions

• Additional Cards include Companion Cards, if available.

Account & Service Control · Company practice

You are responsible for all use by Additional Card Members, who may be given Account information

You are responsible for all use of the Account by Additional Card Members and anyone they allow to use it, and you must pay for all charges made. You also authorize the issuer to give Additional Card Members information about the Account and to discuss it with them. You can contact the issuer if you want to cancel an Additional Card Member's ability to use the Account.

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.

Account & Service Control · Company practice

Notices are sent 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.

Supporting quotations

Sending you notices: 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.

Qualifications & exceptions

• A notice counts as given when sent, not when received.

Use & Processing · Permission or license

The issuer and its agents may contact you by phone, text, email or push, including by automated dialer

For servicing the Account or collecting amounts you owe, you authorize the issuer (and 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 it 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, and may use an automated dialer or prerecorded messages. It 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 permission is for contact needed to service the Account or to collect amounts owed, and methods are limited to those "permitted by law".

Use & Processing · Permission or license

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

Call monitoring: 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 notify the issuer immediately of 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 must notify it separately for each Account. The issuer may update your billing address if it receives information that it has changed or is incorrect.

Supporting quotations

Changing your contact information: 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.

Legal Rights & Agreement Rules · Restriction or exception

If the issuer credits a disputed charge, you assign it your claims against the merchant (except tort claims)

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 it all rights and claims (excluding tort claims) against the merchant. You agree not to pursue any claim against the merchant for the credited amount and to cooperate with the issuer if it decides to pursue the claim.

Supporting quotations

Disputed charges: 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 will cooperate with us if we decide to do so.

Qualifications & exceptions

• The assignment applies only to the credited amount and excludes tort claims.

Data Access & Collection · Permission or license

You agree the issuer will obtain credit reports and other information and use it for any purpose, subject to law

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 also agree 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.

Supporting quotations

Credit reports: 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.

Not stated here

• The other sources from which information is obtained are not listed.

Sharing & Disclosure · Company practice

Account information and failures to comply are reported to credit agencies; errors can be disputed in writing

You agree the issuer will give information about the Account to credit reporting agencies. It will tell a credit reporting agency if you fail to comply with the terms of the Agreement, which may negatively affect your credit report. If you believe information it has given to a credit reporting agency is incorrect, you can write to American Express Credit Bureau Unit at the address given, telling it the specific information you believe is incorrect.

Supporting quotations

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.

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.

Account & Service Control · Restriction or exception

The Account may be considered in default for breach, false information, bankruptcy or inability to pay

The issuer may consider the Account to be in default if you violate a provision of the Agreement, give it false information, file for bankruptcy, 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

Default: 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

• The standard "we believe" for the last trigger is the issuer's belief; the agreement does not say what evidence is needed.

Not stated here

• The agreement does not say whether every breach, however minor, is treated as default; the list is stated as things the issuer "may consider" default. The first item refers to this Agreement itself, not to any separate document, so no linked document text is supplied or needed.

Account & Service Control · Permission or license

After default, incapacity or death the issuer may suspend charges, cancel features and demand payment

If the issuer considers the Account in default, or 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

• The remedies apply "to the extent permitted by federal and applicable state law".

Charges & Financial Obligations · Company practice

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

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

Supporting quotations

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

Account & Service Control · Permission or license

The issuer may cancel the Account or suspend charges at any time for any reason; 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, you must still pay all charges under the Agreement. It may agree to reinstate your Account and any Additional Cards, and charge applicable annual fees and a fee to reinstate the Account.

Supporting quotations

Closing or suspending your Account: We 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 we do any of these, you must still pay us for all charges under the terms of this Agreement. We may agree to reinstate your Account, reinstate any Additional Cards issued on your Account, and charge you any applicable annual fees and a fee to reinstate the Account.

Qualifications & exceptions

• Reinstatement is something the issuer "may agree" to, not a right.

Charges & Financial Obligations · User right or choice

You may close by call or letter; the Annual Fee is refunded only if you close within 30 days of its statement

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 the Account within 30 days after the Closing Date of the billing statement on which the 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 the Account, this policy does not apply to you. If the Account is cancelled and the issuer re-opens it at your request, it may charge 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.

Qualifications & exceptions

• The refund covers the Annual Fee only if the closing notice comes within 30 days after the Closing Date of the statement on which that fee appears.
• The re-opening fee is stated as something the issuer "may charge"; the fee section states it as $25.

Not stated here

• The passage does not say what refund policy applies to a Massachusetts billing address.

Cross-references

• qualifies (model-proposed): The Annual Fee is $895 — The Annual Fee is refundable only if the Account is closed within 30 days after the Closing Date of the statement showing the fee, and not at all for a Massachusetts billing address.
• referred to by (model-proposed): Additional Platinum Cards cost $195 a year and Companion Platinum Cards $0; refund rules are in Part 3 — The Additional Card annual fee refers to the refund policy in the Closing or suspending your Account sub-section of Part 3.

Charges & Financial Obligations · Permission or license

Paying by check authorizes a one-time electronic debit from your bank, possibly the same day

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. Your payment may be withdrawn as soon as the same day the issuer receives the 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; permission for electronic debit: 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 dollars at a rate capped at the highest official or interbank rate

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 the U.S. dollar amount. Unless a particular rate is required by law, AEEML chooses a rate 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, and 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.

Supporting quotations

Converting charges made in a foreign currency: 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.

Not stated here

• The agreement does not state the conversion rate or any markup beyond the ceiling described.

Cross-references

• qualifies (model-proposed): The table lists no foreign transaction fee — The table lists no foreign transaction fee, but foreign-currency charges are converted to dollars at the AEEML rate described later.

Data Access & Collection · Company practice

Charge information from federal agencies accepting the Card is used for billing, collections and marketing analysis

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, and 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 passage covers charges made at federal agencies that accept the Card.

Not stated here

• The "certain charge information" collected is not listed, and the agencies' own routine uses are not described here.

Sharing & Disclosure · Company practice

The issuer and affiliates may tell you about products and be compensated; compensation may influence what is offered

The issuer or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee (the sentence is split across two extracted blocks). One of the issuer's affiliates may act on behalf of a provider of these products and may be compensated. 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. The agreement states that compensation may influence what products and providers the issuer or its affiliates tell you about.

Supporting quotations

Insurance products: 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.

Qualifications & exceptions

• The sentence introducing the products is split across two extracted blocks ("may have a" / "fee."); it is read as one sentence.

Not stated here

• The agreement does not name the products or providers, or say how large the compensation is.

Sharing & Disclosure · Permission or license

The issuer may share information about you with affiliates to identify products 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 agreement does not say what information is shared or whether you can opt out.

Account & Service Control · Permission or license

The issuer may add, modify or remove any benefit, feature or service related to the Account 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

Changing benefits: 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

• No notice period or compensation for removed benefits is stated in this passage.

Legal Rights & Agreement Rules · Permission or license

The issuer may sell or assign the Agreement and 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

Assigning the Agreement: 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 the issuer's rights on any other occasion

The issuer may choose to delay enforcing or not exercise rights under the Agreement. If it does, 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 · Restriction or exception

Utah and federal law govern the Agreement, with a Maryland statute election for Maryland billing addresses

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. For Maryland residents (an Account with a Maryland billing address), the issuer elects to offer the Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article, to the extent, if any, that Maryland law applies to the Account.

Supporting quotations

Governing law: 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 statement applies only if the Account has a Maryland billing address and only "to the extent, if any" Maryland law applies.

Not stated here

• The Maryland statute (Title 12, Subtitle 9 of the Maryland Commercial Law Article) is cited but its text is not supplied here, so what it requires is not stated.

Charges & Financial Obligations · Context

Oregon notice: service charges will not exceed those permitted by law, and you may pay more than the Minimum Payment Due

For residents of Oregon, the agreement states that service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. It also states that 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 notice is addressed to Oregon residents.

Charges & Financial Obligations · User right or choice

Washington notice: no interest owed solely because of a delay in posting a credit

For residents of Washington State, the agreement states that, 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 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 such credit, or from the issuer's failure to post such credit to your Account within three working days of its receipt of 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 statement applies to residents of Washington State and only to interest that results solely from the delays described.
• The notification condition is written after the merchant-delay clause; the passage does not say whether it also applies to the issuer-delay clause.

Not stated here

• The cited Washington statute (Section 63.14.167) is named but its text is not supplied here.

Legal Rights & Agreement Rules · Procedure

Unresolved complaints go to mediation, arbitration or litigation; arbitration can be rejected in 45 days

Most concerns can be resolved by calling Customer Service. 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. It includes an arbitration provision, which you may reject by sending written notice within 45 days after your first Card purchase (see Your Right to Reject Arbitration).

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. See Your Right to Reject Arbitration below.

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

Legal Rights & Agreement Rules · Context

In Claims Resolution, "you" and "us" include parents, subsidiaries, affiliates and related persons

For the Claims Resolution section, "you and us" includes any corporate parents, subsidiaries, affiliates or related persons or entities.

Supporting quotations

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

Qualifications & exceptions

• The definition widens who is a party to claims beyond the cardmember and the issuer.

Legal Rights & Agreement Rules · Context

"Claim" covers nearly any dispute with the issuer, but not the Arbitration provision's own validity

A Claim is 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 that arise from or relate to any account created under any of the agreements and its balances, advertisements, promotions or statements about accounts, goods or services financed and terms of financing, 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

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

• "Includes but is not limited to" means the list is not exhaustive.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice must state 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 allow the claim to be resolved informally or through mediation. A sample is at americanexpress.com/claim. 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 the claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

Sending a Claim Notice: 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.

Legal Rights & Agreement Rules · Procedure

Either side may submit a claim to JAMS or AAA mediation within 30 days of the claim notice

In mediation, a neutral mediator helps parties resolve a claim without deciding it. A claim notice must be sent first. Within 30 days after sending or receiving a claim notice, either you or the issuer may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation, and the issuer pays the mediator's fees. All mediation-related communications are confidential, inadmissible in court and not subject to discovery.

Supporting quotations

Mediation: 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 (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

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

Legal Rights & Agreement Rules · User right or choice

Limitation periods are tolled during mediation, which either side can end and which leaves arbitration open

All applicable statutes of limitation are tolled from the date you or the issuer send the claim notice until the mediation ends. Either you or the issuer may terminate the mediation at any time. Submitting or failing to submit a claim to mediation does not affect your or the issuer's right to elect arbitration.

Supporting quotations

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.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions

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 you nor the issuer has the right to litigate that claim in court or have a jury trial on it, and neither has the right to participate in a representative capacity or as a member of any class on a claim subject to arbitration. The exceptions include: the issuer will not elect arbitration for an individual claim you file and keep pending only in small claims court; you can reject the Arbitration provision in writing within 45 days after your first Card purchase; and the Arbitration provision does not apply to a covered borrower under the Military Lending Act. Procedures are generally simpler and discovery more limited than in court, and other rights available in court may not be available in arbitration.

Supporting quotations

Arbitration: 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.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited.

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.

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.

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.

Qualifications & exceptions

• The small-claims exception applies only to a claim that is individual and pending only in that court.
• The Military Lending Act statement says the Arbitration provision "will not apply" to a covered borrower; the same passage says the issuer will comply with its obligations under this section if the borrower elects arbitration.

Not stated here

• The Military Lending Act passage does not define "covered borrower" or say whether the issuer may elect arbitration against one.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not subject to the Arbitration provision — The Military Lending Act passage says the Arbitration provision does not apply to a covered borrower, which limits the general right to elect arbitration.
• has exception (model-proposed): Arbitration can be elected at any time unless trial has begun, and small-claims individual cases are left in court — The issuer says it will not elect arbitration for an individual claim pending only in small claims court, which limits the general right to elect arbitration.
• has exception (model-proposed): To reject arbitration, mail a signed notice with your details within 45 days of your first Card purchase — A cardmember who sends a compliant rejection notice within 45 days is not subject to the Arbitration provision, which limits the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator decides only claims between you and the issuer, awards bind only that case, review is limited

The arbitrator's authority is limited to claims between you and the issuer alone, and claims may not be joined or consolidated unless you and the issuer agree in writing. An arbitration award and any judgment confirming it apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set out in the appeal provisions below, the arbitrator's decision is final and binding.

Supporting quotations

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. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 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.

Legal Rights & Agreement Rules · Procedure

Arbitration starts after a claim notice, before JAMS or AAA chosen by the electing party

Before beginning arbitration, you or the issuer must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and 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 selection. Claims may also be referred to another arbitration organization if you and the issuer 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

Initiating Arbitration: 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 text of the Federal Arbitration Act is not supplied; its section 5 is only cited.

Not stated here

• The JAMS and AAA rules, and the Federal Arbitration Act provision cited, are not supplied here, so what they require is not stated.
• The passage does not say what happens if you do not select within the 30 days.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration can be elected at any time unless trial has begun, and small-claims individual cases are left in court

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. Otherwise, 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

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. 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.

The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

Qualifications & exceptions

• The commitment not to elect arbitration covers only claims you file in small claims court that are individual and pending only there.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions — The issuer says it will not elect arbitration for an individual claim pending only in small claims court, which limits the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Arbitrated claims proceed individually, not as class claims; if that limit is invalid, arbitration falls away

If either party elects arbitration, the claim is arbitrated on an individual basis, with 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, the entire Arbitration provision (other than that sentence) will not apply, without waiving the right to appeal such a decision.

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.

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.

Qualifications & exceptions

• The all-or-nothing clause applies only if a portion of the Limitations on Arbitration is held invalid or unenforceable.

Legal Rights & Agreement Rules · Restriction or exception

The FAA governs, procedure and evidence rules are not applied, and the arbitration is confidential

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges but not federal or state rules of civil procedure or evidence on evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and the issuer agree the arbitration will be confidential, and agree not to disclose the content of the proceeding or its outcome to anyone, but either may notify any government authority of the claim as permitted or required by law. At any party's request the arbitrator will provide a brief written explanation of the award.

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.

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

Not stated here

• The Federal Arbitration Act itself is cited but not supplied here.

Legal Rights & Agreement Rules · User right or choice

For claims of $10,000 or less you choose the hearing format; hearings can be 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 your election, arbitration hearings take place in the federal judicial district of your residence.

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 your election, arbitration hearings will take place in the federal judicial district of your residence.

Legal Rights & Agreement Rules · Procedure

Either party may appeal an arbitration award 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 this section and/or 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 proceeds under the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

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.

Judgment upon any award may be entered in any court having jurisdiction.

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.

Not stated here

• The arbitration organization's appellate rules are not supplied here.

Legal Rights & Agreement Rules · Company commitment

You pay arbitration fees up to the court filing fee amount; the issuer pays the rest

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 the 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.

Supporting quotations

Arbitration Fees and Costs: 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.

Qualifications & exceptions

• The issuer's commitment on advances is to "consider in good faith", not to grant.

Legal Rights & Agreement Rules · User right or choice

If the award beats the issuer's final offer, it is at least $5,000 plus attorneys' fees and costs

If the arbitrator rules in your favor for an amount greater than any final offer the issuer made before the final hearing in arbitration, the arbitrator's award includes (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.

Supporting quotations

Additional Arbitration Awards: 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

• This applies only if the award is greater than any final offer the issuer made before the final hearing.

Legal Rights & Agreement Rules · User right or choice

To reject arbitration, mail a signed notice with your details within 45 days of 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 (a sample is at americanexpress.com/reject). 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 it complies, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for your other currently open American Express Accounts will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejecting does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or any other benefit, product or service.

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. Go to americanexpress.com/reject for a sample rejection notice. 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

• The 45-day window runs from your first Card purchase, as the text states; it does not say the window can be extended.
• Rejection also removes arbitration provisions in agreements for other currently open American Express Accounts, with the listed exceptions.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions — A cardmember who sends a compliant rejection notice within 45 days is not subject to the Arbitration provision, which limits the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives termination, payoff, collection, bankruptcy and sale; invalid parts do 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 (in a sale, its terms apply to the buyer). If any portion of the section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it does not invalidate the remaining portions.

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.