Hilton Honors American Express Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 of the Hilton Honors Card Member Agreement, issued by American Express National Bank, as of 06/30/2026

This is Part 1 of 3 of the Card Member Agreement for the Hilton Honors American Express Card. It states an "As of" date of 06/30/2026 and names American Express National Bank as the issuer. Part 1 holds the Rates and Fees Table, the How Rates and Fees Work section and a Supplement describing the card's reward program; Parts 2 and 3 follow in the same document.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Hilton Honors American Express Card

Qualifications & exceptions

• The date is labelled "As of"; the text does not say whether it is an effective date, a publication date or a revision date.
• The rates in the table are shown as Prime Rate plus a margin, some as a range.

Not stated here

• The specific APR margin that applies to any one Card Member's Account is not stated here.

Charges & Financial Obligations · Company practice

Purchase APR is variable, Prime Rate plus 12.74% to Prime Rate plus 21.74%

Purchases carry a variable Annual Percentage Rate expressed as the Prime Rate plus a margin. The table gives a range, from Prime Rate + 12.74% up to Prime Rate + 21.74%, rather than a single figure. The table points to the Explanation of Variable Rates for how the rate moves, and that explanation caps variable APRs at 29.99%. The table does not say which margin within the range applies to a given Card Member or what makes the margin differ.

Supporting quotations

Prime Rate + 12.74% to Prime Rate + 21.74%

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

Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• The rate is variable and moves with the Prime Rate as described in the Explanation of Variable Rates.
• Variable APRs will not exceed 29.99%.

Not stated here

• Which margin in the 12.74% to 21.74% range applies to a particular Account, and why, is not stated.
• The numeric Prime Rate in effect is not given in the agreement.

Charges & Financial Obligations · Company practice

Cash advance APR is variable, Prime Rate plus 21.99%, and interest starts on the transaction date

Cash advances carry a variable APR of the Prime Rate + 21.99%, with no range. Interest on cash advances begins on the transaction date, so the interest-free treatment described for purchases does not apply to them. "Cash advance" is defined in the agreement's definitions as a charge to get cash or cash equivalents, and the definition lists travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers and other offline and online betting transactions.

Supporting quotations

Prime Rate + 21.99%

We will begin charging interest on cash advances on the transaction date.

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 cash advance APR is variable and follows the same Prime Rate mechanics as the purchase APR.
• The definition of a cash advance comes from the agreement's definitions, which are carded separately in the section where they appear.

Not stated here

• Whether a particular transaction at a merchant counts as a cash advance depends on how it is classified; the agreement does not list merchants or transaction codes.

Cross-references

• defined by (model-proposed): Definitions of charge, purchase, cash advance, balance transfer, person-to-person transaction and plan — The cash advance APR applies to cash advances as the definitions in Part 2 describe them, including cash equivalents such as foreign currency, money orders, digital currency, casino gaming chips and betting transactions.

Charges & Financial Obligations · Restriction or exception

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

The table says American Express has the right to apply a Penalty APR of the Prime Rate + 26.74% to new Transactions if the Minimum Payment Due is not paid by the Payment Due Date, or if a payment is returned by the Card Member's bank. If applied, it applies for at least 6 months. The Account is reviewed every 6 months after the penalty APR is applied, and it continues until the Card Member has made timely payments with no returned payments during the 6 months being reviewed. The rate is variable and follows the same Prime Rate mechanics.

Supporting quotations

Prime Rate + 26.74%

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

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

Qualifications & exceptions

• The Penalty APR is stated to apply to new Transactions.
• It applies for at least 6 months once applied, and ends only after 6 months of timely payments with no returned payments.
• The wording is "we have the right to apply", so applying it is the issuer's option, not automatic.

Not stated here

• The last words of the returned-payment trigger, "and we will notify you if we do", do not say whether the notice is a condition of the Penalty APR applying or only a promise to tell the Card Member; the text does not resolve this.
• Whether a different Penalty APR figure applies to a particular Account is not stated here.

Charges & Financial Obligations · Company practice

Variable APRs move with the Prime Rate, effective from the first day of the billing period in which it changed

The Explanation of Variable Rates says that if the Prime Rate increases, variable APRs (and the corresponding DPRs) will increase, so the Card Member 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%. The Part 1 text supplied shows no Daily Periodic Rate values.

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%.

Qualifications & exceptions

• The 29.99% limit applies to variable APRs generally.
• Changes take effect from the first day of the billing period in which the Prime Rate changed.

Not stated here

• The text states only the effect of a Prime Rate increase in so many words; the effect of a decrease is implied by "When the Prime Rate changes" but is not spelled out.
• The DPR values are not listed in this Part 1 text.

Charges & Financial Obligations · Procedure

Prime Rate is the highest U.S. Prime Rate 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, American Express uses the Prime Rate from the previous day it was published. If the Journal is no longer published or stops publishing the Prime Rate, American Express may use the Prime Rate published in another newspaper of general circulation. The Closing Date appears on each billing statement and is the last day of the billing period covered by that statement.

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.

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

Qualifications & exceptions

• Replacement of the source with another newspaper is stated as "may", at the issuer's option.

Not stated here

• The text does not name the newspaper that would replace the Journal or say how the Card Member would be told.

Charges & Financial Obligations · User right or choice

No interest on purchases if the entire balance is paid by the due date, at least 25 days after the period closes

The table says the Due Date is at least 25 days after the close of each billing period. American Express will not charge interest on purchases if the Card Member pays the entire balance each month (or, for a Card Member with a Plan It plan outstanding, the balance adjusted for plans) by the due date. This applies to purchases only; interest on cash advances starts on the transaction date. A Card Member with an active plan created through Plan It can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

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

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

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

Qualifications & exceptions

• Interest is waived only on purchases and only if the entire balance (or the balance adjusted for plans) is paid each month by the due date.
• Cash advances are excluded: interest starts on the transaction date.

Not stated here

• This table text does not say what happens to purchase interest when the balance was not paid in full the previous month; the full grace-period rules are in the section carded separately.

Cross-references

• qualified by (model-proposed): Interest may still appear on the next statement after re-entering an Interest Free Period — The Rates and Fees Table says no interest is charged on purchases if the balance is paid each month by the due date. The grace-period section adds that after the Account enters an Interest Free Period again, interest may appear on the next statement for the period from the start of the billing cycle through the payment date. The table summary should be read with this qualification.

Charges & Financial Obligations · Company practice

Plan It plan fee is a monthly fixed finance charge of up to 1.33%, disclosed before a plan is set up

When a Card Member sets up a plan, the plan fee is a monthly fee of up to 1.33% of each purchase or amount moved into the plan, based on the plan duration, the APR that would otherwise apply to the purchase and other factors. It is a fixed finance charge that is charged each month that a plan is active, and the dollar amount is disclosed before the plan is set up. Purchases or amounts placed in a plan are subject to the plan fee instead of the APR for purchases. The agreement points to About Plan It Feature in Part 2 for more.

Supporting quotations

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

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

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

Qualifications & exceptions

• The fee is "up to" 1.33% per month, so the actual percentage may be lower.
• It is charged each month that a plan is active.

Not stated here

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

Cross-references

• refers to (model-proposed): Plan It is offered at American Express's option; cash, balance transfers and fees do not qualify — The Part 1 plan fee text sends the reader to About Plan It Feature in Part 2, which describes how plans are set up and which purchases qualify.

Legal Rights & Agreement Rules · Context

Pointer to Consumer Financial Protection Bureau credit card tips

The Rates and Fees Table includes a line pointing the reader to the Consumer Financial Protection Bureau website for information on factors to consider when applying for or using a credit card. It is an informational pointer to an outside website; it adds no obligation or right for either party.

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

• The website content is not part of the supplied text.

Charges & Financial Obligations · Company commitment

No annual fee, and no annual fee for additional cards

The Rates and Fees Table lists the Annual Fee as None, and the How Rates and Fees Work section repeats that the Annual Fee is on the table on page 1 of Part 1 and that the Annual Fee for Additional Cards is None.

Supporting quotations

Annual Fee | None

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

Annual Fee for Additional Cards: None.

Qualifications & exceptions

• The statement covers the Annual Fee and the Annual Fee for Additional Cards only; other fees are listed separately.

Charges & Financial Obligations · Company practice

Cash advance fee is the greater of $10 or 5%, including ATM operator fees, added to the Cash Advance balance

The Rates and Fees Table says the cash advance transaction fee is either $10 or 5% of the amount of each cash advance, whichever is greater. The How Rates and Fees Work section states it as 5% of the cash advance transaction, including fees charged by the ATM operator, if any, with a minimum of $10, and says American Express adds this fee to the Cash Advance balance.

Supporting quotations

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

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

Qualifications & exceptions

• The percentage is applied to the cash advance amount including any ATM operator fees.
• The fee is added to the Cash Advance balance, not the purchase balance.

Not stated here

• The table lists the cash advance and foreign transaction fees in one cell under "Transaction Fees"; the order of the answers matches the order of the bullets, and the detailed section confirms the foreign transaction fee separately.

Charges & Financial Obligations · Company commitment

No foreign transaction fee

The Rates and Fees Table lists the Foreign Transaction fee as None, and the How Rates and Fees Work section states "Foreign Transaction: None."

Supporting quotations

Transaction Fees • Cash Advance • Foreign Transaction

Foreign Transaction: None.

Qualifications & exceptions

• The statement is about a fee for foreign transactions.

Cross-references

• qualified by (model-proposed): Foreign-currency charges are converted by AEEML at a rate no more than the highest official or interbank rate — The Foreign Transaction fee is listed as None. The conversion paragraph separately says that foreign-currency charges are converted at a rate chosen by AEEML that is no more than the highest official or interbank rate and may differ from the rate on the date of the charge; the None entry does not state the conversion rate.

Charges & Financial Obligations · Company practice

Late payment fee: $29, then $40 if repeated within 6 billing periods, capped at the prior Minimum Payment Due

The Rates and Fees Table lists the late payment fee as up to $40. The detailed section says that if American Express does not receive the Minimum Payment Due by its Payment Due Date the fee is $29, and if this happens again within the next 6 billing periods the fee is $40. However, the late fee on a billing statement will not exceed the Minimum Payment Due on the Card Member's prior billing statement.

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit

Up to $40. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is $40.

However, the late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

• The first late payment draws $29; a repeat within the next 6 billing periods draws $40.
• The fee is capped at the Minimum Payment Due on the prior billing statement.

Not stated here

• "If this happens again" is not further defined.

Charges & Financial Obligations · Company practice

Returned payment fee: $29, then $40 if repeated, capped at the prior statement's Minimum Payment Due

If a payment is returned unpaid the first time American Express presents it to the Card Member's bank, the fee is $29. If this happens again within the same billing period or the next 6 billing periods, the fee is $40. The returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on the prior billing statement. The table lists it as up to $40.

Supporting quotations

Up to $40. Up to $40. None

Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40.

However, the returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

• The $40 fee applies if a payment is returned again within the same billing period or the next 6 billing periods.
• The fee is capped at the applicable Minimum Payment Due on the prior billing statement.

Not stated here

• Table cell for penalty fees lists three answers in a row ("Up to $40. Up to $40. None") for the bullets Late Payment, Returned Payment and Overlimit; the mapping follows the order and the detailed section confirms it.

Charges & Financial Obligations · Company practice

Returned check fee of $38 plus the unpaid amount

If the Card Member uses the card to cash a check at an approved location and the check is returned unpaid, the fee is $38, and American Express will also charge the unpaid amount.

Supporting quotations

$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.

Qualifications & exceptions

• Applies only where the card is used to cash a check at an approved location and the check is returned unpaid.

Not stated here

• The agreement does not list the approved locations.

Charges & Financial Obligations · Company commitment

No overlimit fee

The Rates and Fees Table lists the Overlimit fee as None, and the How Rates and Fees Work section states "Overlimit: None." and refers the reader to Credit Limit and Cash Advance Limit in Part 1.

Supporting quotations

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

Qualifications & exceptions

• The cross-reference sends the reader to the credit and cash advance limits.

Not stated here

• The cross-reference names "Credit Limit and Cash Advance Limit"; the limits section in Part 1 carries a differently worded heading.

Cross-references

• refers to (model-proposed): American Express may approve charges over the Credit Limit without an overlimit fee, and may ask for the excess back — The fee section lists Overlimit as None and sends the reader to the limits text, where American Express says that if it approves a charge over the Credit Limit it will not charge an overlimit fee.

Charges & Financial Obligations · Company practice

Account re-opening fee of $25

If the Account is cancelled, the Card Member asks American Express to re-open it, and American Express does so, the fee is $25.

Supporting quotations

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

Qualifications & exceptions

• The fee applies only if the Account was cancelled and re-opened at the Card Member's request.

Cross-references

• referred to by (model-proposed): American Express may cancel the Account or suspend features at any time for any reason; charges remain payable — Part 3 says that if a cancelled Account is re-opened at the Card Member's request, American Express "may charge you a $25 fee"; the Part 1 fee section lists the Account Re-opening fee as $25 if the Account is cancelled, the Card Member asks to re-open it and American Express does so. The two statements concern the same fee.

Charges & Financial Obligations · Procedure

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

The fees section says American Express adds fees to a purchase balance unless it tells the Card Member otherwise. The cash advance fee is stated to be added to the Cash Advance balance instead.

Supporting quotations

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

We will add this fee to the Cash Advance balance.

Qualifications & exceptions

• Stated default; the exception is "unless we tell you otherwise".

Not stated here

• The agreement does not say how or where American Express would tell the Card Member otherwise.

Charges & Financial Obligations · Procedure

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

The Rates and Fees Table says American Express calculates interest using a method called the average daily balance method (including new purchases), and refers the reader to the How we calculate interest section in Part 2.

Supporting quotations

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

Qualifications & exceptions

• The table summarises the method; the Part 2 section carries the details.

Not stated here

• The mechanics of the calculation are not in this table text.

Cross-references

• refers to (model-proposed): Interest is figured on each balance using the Average Daily Balance method including new transactions — The Part 1 table names the average daily balance method and sends the reader to the How we calculate interest section in Part 2, where the method is described.

Charges & Financial Obligations · Restriction or exception

Credit Limit and Cash Advance Limit can be raised or lowered at any time, even if you pay on time

American Express assigns a Credit Limit to the Account and may make part of it available for cash advances (the Cash Advance Limit). There may also be a limit on how much can be withdrawn from ATMs in a given period. The limits are shown on page 1 of Part 1 and on each billing statement. American Express may increase or reduce either limit, and may do so even if the Card Member pays on time and the Account is not in default. The Card Member agrees to manage the Account so that the balance (including fees and interest) is not more than the Credit Limit and the cash advance balance (including fees and interest) is not more than the Cash Advance Limit. The Card Member also agrees that the total of plan balances (including plan fees) will not be more than the Credit Limit.

Supporting quotations

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

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

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

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

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

Qualifications & exceptions

• Changes to the limits are at American Express's option and are not tied to payment history or default.
• The Card Member's agreement to stay within the limits includes fees and interest in the balances counted.

Not stated here

• The dollar amounts of the Credit Limit, Cash Advance Limit and any ATM withdrawal limit are not in the public agreement text; the section says they are shown on page 1 of Part 1 and on each billing statement.
• No notice period for a limit change is stated in this section.

Charges & Financial Obligations · User right or choice

American Express may approve charges over the Credit Limit without an overlimit fee, and may ask for the excess back

American Express may approve charges that cause the Account balance to go over the Credit Limit. If it does, it will not charge an overlimit fee. If it asks the Card Member to promptly pay the amount of the Account balance above the Credit Limit, the Card Member agrees to do so.

Supporting quotations

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

Qualifications & exceptions

• Approval of an over-limit charge is at American Express's option ("may approve").
• No overlimit fee applies to an approved over-limit charge; the Card Member must promptly pay the excess if asked.

Not stated here

• "Promptly" is not given a number of days.

Cross-references

• referred to by (model-proposed): No overlimit fee — The fee section lists Overlimit as None and sends the reader to the limits text, where American Express says that if it approves a charge over the Credit Limit it will not charge an overlimit fee.

Charges & Financial Obligations · Restriction or exception

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

Person-to-person transactions may not exceed $2,000 within any 30-day period, and the Card Member agrees to manage the Account so that the total in any 30-day period does not exceed that limit. American Express may not approve a person-to-person transaction if it would cause the Account to exceed the applicable person-to-person transaction limit or the Credit Limit. A person-to-person transaction is defined as a charge for funds sent to another person or a charge to add funds to the Card Member's Amex Send Account.

Supporting quotations

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

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

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

Qualifications & exceptions

• The $2,000 limit is measured over any 30-day period.
• Approval of a person-to-person transaction can also be refused if it would exceed the Credit Limit.

Not stated here

• The text refers to "the applicable person-to-person transaction limit" as well as a $2,000 Person-to-Person Limit; it does not say whether another limit could apply.

Charges & Financial Obligations · Procedure

Minimum Payment Due starts from the highest of three amounts, plus fees, plan payments and past-due amounts

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

Supporting quotations

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

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

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

$40.

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

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

Qualifications & exceptions

• The additions are made after taking the highest of the three amounts.
• The Minimum Payment Due is capped at the New Balance.

Not stated here

• "New Balance", "overlimit amount" and "amount past due" are used here without definitions in this section.

Charges & Financial Obligations · Context

Worked example: with a $2,900 New Balance and $29.57 interest, the Minimum Payment Due is $58.27

The agreement gives an example with a New Balance of $2,900, interest of $29.57 and no active plans, overlimit amount, penalty fees or amounts past due. The three calculations give $58.27 ($29.57 plus 1% of $2,900 minus $29.57), $58 (2% of $2,900) and $40. The highest is $58.27. The example notes that if the Account has active plans, overlimit amount, penalty fees or amounts past due, the Minimum Payment Due will be higher.

Supporting quotations

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

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

$58 (2% of $2,900)

$40

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

Qualifications & exceptions

• The figures are an illustration under stated assumptions, not a statement of any Card Member's payment.

Charges & Financial Obligations · User right or choice

Purchases accrue no interest during an Interest Free Period; otherwise interest runs from the transaction date

The grace period section says a Card Member is not charged interest on purchases during an Interest Free Period. The Account enters an Interest Free Period when the New Balance shown on the statement is paid by the Payment Due Date, or when the Account had no previous balance. When the Account is not in an Interest Free Period, interest on purchases is charged from the date of the transaction. A Card Member with an active Plan It plan can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• The Interest Free Period applies to purchases only.
• Entry depends on paying the New Balance (or, for Plan It users, the Balance Adjusted for Plans) by the Payment Due Date, or having no previous balance.

Not stated here

• The text does not define "Balance Adjusted for Plans" or "Adjusted Balance" in this section.

Charges & Financial Obligations · Restriction or exception

Interest may still appear on the next statement after re-entering an Interest Free Period

After the Account enters an Interest Free Period again, interest may appear on the next billing statement. The agreement says this reflects interest charged from the beginning of that billing cycle through the date the payment was received. So paying the balance in full does not by itself mean no interest appears on the following statement if interest had been accruing before the Account returned to an Interest Free Period.

Supporting quotations

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

Qualifications & exceptions

• Applies after the Account enters an Interest Free Period "again", which implies it had left one.
• The interest shown covers the start of the billing cycle through the date the payment was received.

Not stated here

• The text does not give an example or say when the interest would be charged in dollars.

Cross-references

• qualifies (model-proposed): No interest on purchases if the entire balance is paid by the due date, at least 25 days after the period closes — The Rates and Fees Table says no interest is charged on purchases if the balance is paid each month by the due date. The grace-period section adds that after the Account enters an Interest Free Period again, interest may appear on the next statement for the period from the start of the billing cycle through the payment date. The table summary should be read with this qualification.

Charges & Financial Obligations · Restriction or exception

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

Balance Transfers and Cash Advances are charged interest from the date of the transaction and do not have an Interest Free Period. For more details on how interest charges are calculated, the section sends the reader to the How we calculate interest section of the agreement.

Supporting quotations

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

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

Qualifications & exceptions

• Applies to balance transfers and cash advances, not to purchases.

Not stated here

• This section does not say what interest rate applies to balance transfers; the Rates and Fees Table lists rates for purchases, cash advances and the Penalty APR only.

Legal Rights & Agreement Rules · User right or choice

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

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

Qualifications & exceptions

• The right to request a copy is exercised through the online account or the phone number on the Card.

Charges & Financial Obligations · Company commitment

3 Hilton Honors Bonus Points per dollar of eligible purchases; fees, interest and cash advances do not earn

The Card Member receives 3 Hilton Honors Bonus Points for each dollar of eligible purchases on the Hilton Honors American Express Card (Card Account). Eligible purchases are purchases for goods and services minus returns and other credits. Eligible purchases do not include fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents (including gift cards), or person-to-person transactions.

Supporting quotations

You receive 3 Hilton Honors Bonus Points (Points) for each dollar of eligible purchases on your Hilton Honors American Express Card (Card Account). Eligible purchases are purchases for goods and services minus returns and other credits.

Eligible purchases do NOT include: fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, including gift cards, or person-to-person transactions.

Qualifications & exceptions

• Points are earned on eligible purchases, net of returns and other credits.
• Excluded items: fees or interest charges, cash advances, traveler's checks, prepaid cards, cash equivalents including gift cards, and person-to-person transactions.

Not stated here

• The forfeiture rule for Points is in a later section; this card covers only how Points are earned.

Charges & Financial Obligations · Company commitment

7 total Points per dollar on eligible purchases charged directly with a Hilton portfolio property

The Card Member receives 4 additional Points, for a total of 7 Points, for each dollar of eligible purchases on the Card Account charged directly with a property within the Hilton portfolio.

Supporting quotations

You receive 4 additional Points (a total of 7 Points) for each dollar of eligible purchases on your Card Account charged directly with a property within the Hilton portfolio.

Qualifications & exceptions

• Applies to eligible purchases charged directly with a property within the Hilton portfolio.

Not stated here

• The text does not list which properties are in the Hilton portfolio.

Charges & Financial Obligations · Company commitment

5 total Points per dollar at U.S. restaurants, U.S. supermarkets and U.S. gas stations, subject to merchant coding

The Card Member receives 2 additional Points, for a total of 5 Points, for each dollar of eligible purchases at restaurants located in the U.S., at supermarkets located in the U.S. (superstores and warehouse clubs are not considered supermarkets), and on gasoline at gas stations located in the U.S. (superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations). Merchants are assigned codes based on what they primarily sell, and American Express groups certain merchant codes into the categories that are eligible for additional Points. A purchase with a merchant will not receive additional Points if the merchant's code is not included in a reward category.

Supporting quotations

You receive 2 additional Points (a total of 5 Points) for each dollar of eligible purchases on your Card Account: at restaurants located in the U.S., at supermarkets located in the U.S. (superstores and warehouse clubs are not considered supermarkets), and on gasoline at gas stations located in the U.S. (superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations).

Merchants are assigned codes based on what they primarily sell. We group certain merchant codes into categories that are eligible for additional Points. A purchase with a merchant will not receive additional Points if the merchant's code is not included in a reward category.

Qualifications & exceptions

• Restaurants, supermarkets and gas stations must be located in the U.S.
• Superstores and warehouse clubs are not supermarkets; superstores, supermarkets and warehouse clubs that sell gasoline are not gas stations.
• Whether a purchase earns additional Points depends on the merchant's code.

Not stated here

• The agreement does not list the merchant codes in each reward category.

Charges & Financial Obligations · Restriction or exception

Additional Points depend on merchant coding and may be missed when third parties or wallets are involved

Merchants are assigned codes based on what they primarily sell, and American Express groups certain merchant codes into the categories eligible for additional Points. A purchase will not receive additional Points if the merchant's code is not included in a reward category. The Card Member may also not receive additional Points if American Express receives inaccurate information or is otherwise unable to identify the purchase as eligible for a reward category. The examples given are a merchant using a third party to sell its products or services, a merchant using a third party to process or submit the transaction (for example with mobile or wireless card readers), and a purchase made using a third-party payment account or a mobile or digital wallet. The list is introduced by "for example", so it is illustrative.

Supporting quotations

A purchase with a merchant will not receive additional Points if the merchant's code is not included in a reward category. You may not receive additional Points if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category.

For example, you may not receive additional Points when: a merchant uses a third-party to sell their products or services; or a merchant uses a third-party to process or submit your transaction to us (e.g., using mobile or wireless card readers); or you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet.

You receive 2 additional Points (a total of 5 Points) for each dollar of eligible purchases on your Card Account: at restaurants located in the U.S.

Qualifications & exceptions

• The word "may" in "You may not receive additional Points" signals a possibility, not a fixed result.
• The examples are illustrative rather than exhaustive.

Not stated here

• The merchant codes in each reward category are not listed.
• The text does not say whether the 3 base Points still apply when additional Points are not earned.

Account & Service Control · Procedure

Points questions go to the number on the Card; rewards information is on americanexpress.com

For questions about additional Points on a purchase, the Card Member calls the number on the back of the Card. The agreement also points to americanexpress.com/rewards-info for more information about rewards, and to a separate link (go.amex/x9d3mn) for detailed information about Card benefits.

Supporting quotations

For questions about additional Points on a purchase, call the number on the back of your Card. Please visit americanexpress.com/rewards-info for more information about rewards.

Additional Details: For detailed information about Card benefits please visit go.amex/x9d3mn.

Qualifications & exceptions

• The linked pages are not part of the supplied text.

Not stated here

• Card benefits other than Points are not described in this agreement; the linked pages were not supplied.

Charges & Financial Obligations · Permission or license

Promotional bonus Point offers carry their own terms, which may differ from the program terms

From time to time American Express may make promotional offers of bonus Points. These offers include terms about how to earn the bonus Points and when they can be used. Those offer terms may differ from the terms above on Points earned for eligible purchases, including when the Points can be used.

Supporting quotations

From time to time, we may make promotional offers of bonus Points. These offers include terms about how you can earn the bonus Points and when you can use them. These offer terms may differ from the terms above concerning Points earned for eligible purchases to your Card Account, including about when you can use the Points.

Qualifications & exceptions

• Offers are at American Express's option ("may make").
• Offer terms are separate and may differ from the terms in this supplement.

Not stated here

• The terms of any specific promotional offer are not part of this agreement.

Account & Service Control · User right or choice

Points balance can be viewed in the online account summary page

The Card Member can view the Points balance by logging onto the online account at americanexpress.com and viewing the account summary page.

Supporting quotations

You can view your Points balance by logging onto your online account at americanexpress.com and viewing your account summary page.

Charges & Financial Obligations · Procedure

Points are transferred to the Hilton Honors account after the billing period ends, posting up to 12 weeks later

American Express transfers the Points received to the Card Member's Hilton Honors program account after the end of the billing period in which they were received. The Points are posted to the Hilton Honors account up to 12 weeks after the end of the billing cycle. The Card Account must not be cancelled or delinquent at the time of fulfillment. Hilton Honors Points received from the Card are subject to the Hilton Honors Terms and Conditions at HiltonHonors.com/terms.

Supporting quotations

We transfer the Points you receive to your Hilton Honors program account after the end of the billing period in which you received them.

Hilton Honors Points received from your Card will be posted to your Hilton Honors account up to 12 weeks after the end of your billing cycle. Your account must not be cancelled or delinquent at the time of fulfillment. Your Hilton Honors Points are subject to Hilton Honors Terms and Conditions, see HiltonHonors.com/terms.

Qualifications & exceptions

• Posting can take up to 12 weeks after the end of the billing cycle.
• The Card Account must not be cancelled or delinquent at the time of fulfillment.
• Hilton Honors Terms and Conditions apply to the Points.

Not stated here

• "Delinquent" is not defined in this section.
• The Hilton Honors Terms and Conditions were not supplied.

Charges & Financial Obligations · Restriction or exception

Points for a billing period are forfeited if the Minimum Payment Due is not paid by the Payment Due Date

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, the Card Member forfeits the Points earned on eligible purchases during that billing period. The agreement gives an example: a billing period closes January 15, the minimum payment for that billing period is due February 10, and the minimum payment is not made by February 10; the example then says the Card Member will not earn Points for purchases in the billing period ending February 15. To "pay by a certain date" means to send the payment so that American Express receives and credits it to the Account by that date.

Supporting quotations

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you will forfeit the Points you earned for eligible purchases during that billing period.

For example, if your billing period closes January 15 and the minimum payment for that billing period is due on February 10, and you do not make that minimum payment due by the due date on February 10, then you will not earn Points for purchases in the billing period ending February 15.

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

Qualifications & exceptions

• Forfeiture follows from missing the Minimum Payment Due by the Payment Due Date, not from carrying a balance.
• A payment counts only if American Express receives and credits it by the date.

Not stated here

• The example states a billing period that closes January 15 but ends by referring to the billing period ending February 15. The text does not reconcile the two dates, so which billing period's purchases lose Points is not fully clear from the example alone; the rule itself says the Points earned "during that billing period".

Cross-references

• defined by (model-proposed): Paying "by a date" means received and credited by that date; the Closing Date is the last day of the billing period — The forfeiture rule turns on whether the Minimum Payment Due is paid by the Payment Due Date; the definition says to pay by a date means the payment is received and credited by that date.

Charges & Financial Obligations · User right or choice

Forfeited Points can be reinstated within the next 12 billing periods for a $35 fee if the account is not past due

Forfeited Points may be reinstated within the next 12 billing periods if the Card Account is not past due and the Card Member pays a $35 fee.

Supporting quotations

You may reinstate those Points within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Qualifications & exceptions

• Reinstatement requires that the Card Account is not past due and that the $35 fee is paid.
• The window is the next 12 billing periods.

Not stated here

• The text does not say how to request reinstatement or when the 12 billing periods start counting.

Charges & Financial Obligations · Restriction or exception

Points are earned only on purchases for personal, family or household use

The Card Member receives Points only for eligible purchases intended for personal, family or household use.

Supporting quotations

You will receive Points only for eligible purchases intended for personal, family or household use.

Qualifications & exceptions

• Purchases not intended for personal, family or household use are outside the Points the agreement says the Card Member will receive.

Not stated here

• The text does not say who decides whether a purchase is intended for personal, family or household use.

Account & Service Control · Restriction or exception

Each Basic Card Member needs a unique Hilton Honors account, or American Express may cancel the Card Account

Each Basic Card Member must have a unique Hilton Honors loyalty account. American Express may cancel the Card Account if the Card Member does not maintain an active Hilton Honors loyalty account. The agreement refers to the Card Member as the Basic or Primary Card Member.

Supporting quotations

Each Basic Card Member must have a unique Hilton Honors loyalty account. American Express may cancel your Card Account if you do not maintain an active Hilton Honors loyalty account.

We will refer to you as either the Basic or Primary Card Member.

Qualifications & exceptions

• Cancellation is at American Express's option ("may cancel").

Not stated here

• The text does not say what counts as an "active" Hilton Honors loyalty account or whether notice is given before cancellation.

Charges & Financial Obligations · Permission or license

American Express may change program terms at its discretion; abuse can forfeit some or all Points

American Express may change the terms of the program at its discretion. If the Card Member violates or abuses the program, the Card Member may forfeit some or all of the Points.

Supporting quotations

We may change the terms of this program at our discretion. If you violate or abuse this program, you may forfeit some or all of your Points.

Qualifications & exceptions

• Changes are at American Express's discretion, with no notice period stated here.
• Forfeiture for violation or abuse is stated as "may" and can be some or all of the Points.

Not stated here

• "Violate or abuse" is not defined in this section.
• The agreement's general change-of-terms provision appears elsewhere; this section states no notice period of its own.

Legal Rights & Agreement Rules · Restriction or exception

American Express is not responsible for Points once credited or for Hilton's actions; Hilton terms govern redemption

American Express says it is not responsible for Points after they are credited to the Hilton Honors program account. It is also not responsible for the actions of Hilton on the Card Member's Hilton Honors program account. Hilton Honors membership and redemption of Points are subject to the Hilton Honors Terms and Conditions at HiltonHonors.com/terms.

Supporting quotations

We are not responsible for Points after they are credited to your Hilton Honors program account.

We are also not responsible for the actions of Hilton on your Hilton Honors program account. Hilton Honors membership and redemption of Points are subject to Hilton Honors Terms and Conditions. Visit HiltonHonors.com/terms for more information.

Qualifications & exceptions

• The disclaimer applies after Points are credited to the Hilton Honors account.
• Redemption and membership are governed by Hilton's own terms.

Not stated here

• The Hilton Honors Terms and Conditions were not supplied and are not analyzed here.

Account & Service Control · User right or choice

Using the Account, or signing or keeping the Card, means agreeing; the Card can be cancelled without fees before use

Part 2 says it together with Part 1 and Part 3 makes up the Card Member Agreement for the Account identified on page 1 of Part 1, and any supplements or amendments are also part of the Agreement. When the Card Member uses the Account, or signs or keeps the Card, the Card Member agrees to the terms of the Agreement. If the Card Member has not yet used the Account or made a payment on the Account after receiving a billing statement, the Card Member can cancel the 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

• Agreement to the terms follows from use, signing or keeping the Card.
• The right to cancel without fees is available only before the Account has been used or a payment made after receiving a statement.

Not stated here

• The wording "have not yet used the Account or made a payment" does not say whether both conditions must be met; the text does not resolve this.
• No deadline for cancelling the Card is stated.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement, subject to applicable law; oral changes do not count

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

Supporting quotations

Changing the Agreement: 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 right to change is stated as "may" and is limited only by "applicable law".
• Oral statements cannot modify or amend the written Agreement.

Not stated here

• This paragraph states no notice period or method for changes; whether another section of the Agreement adds one is for that section to say.

Legal Rights & Agreement Rules · Context

Who "we", "you", the Basic or Primary Card Member, an Additional Card Member and a Card mean

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 American Express opened the Account, referred to as the Basic or Primary Card Member. The Card Member may request a Card for an Additional Card Member. Card means any American Express Card or other device that American Express issues to access the 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 a Card for an Additional Card Member. Card means any American Express Card or other device that we issue to access your Account.

Qualifications & exceptions

• "You" is the person who applied for the Account, not an Additional Card Member.

Charges & Financial Obligations · Context

Definitions of charge, purchase, cash advance, balance transfer, person-to-person transaction and plan

A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers and other offline and online betting transactions. A balance transfer is a charge to pay an amount owed on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to the Card Member's Amex Send Account. A plan is a portion of the account balance selected to be paid over time through a set number of monthly payments using Plan It.

Supporting quotations

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

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

A balance transfer is a charge to pay an amount you owe on another credit card account. 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 over time through a set number of monthly payments using Plan It.

Qualifications & exceptions

• A purchase is defined to include person-to-person transactions, while other parts of the Agreement treat person-to-person transactions separately (for example for Points and limits).
• The list of cash equivalents is introduced by "including", so it is not stated to be exhaustive.

Not stated here

• The definition does not say how a transaction at a particular merchant or payment service is classified.

Cross-references

• defines (model-proposed): Cash advance APR is variable, Prime Rate plus 21.99%, and interest starts on the transaction date — The cash advance APR applies to cash advances as the definitions in Part 2 describe them, including cash equivalents such as foreign currency, money orders, digital currency, casino gaming chips and betting transactions.

Charges & Financial Obligations · Context

Paying "by a date" means received and credited by that date; the Closing Date is the last day of the billing period

To pay by a certain date means to send the payment so that American Express receives it and credits it to the Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by that statement.

Supporting quotations

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• A payment sent but not received and credited by the date does not count as paid by that date.

Cross-references

• defines (model-proposed): Points for a billing period are forfeited if the Minimum Payment Due is not paid by the Payment Due Date — The forfeiture rule turns on whether the Minimum Payment Due is paid by the Payment Due Date; the definition says to pay by a date means the payment is received and credited by that date.

Account & Service Control · Permission or license

The Card can be used for charges; plans, cash advances and balance transfers are at American Express's discretion

The Card Member may use the Card to make charges. At its discretion, American Express may permit the Card Member to create plans, make cash advances or make balance transfers. Balances cannot be transferred from any other account issued by American Express or its affiliates.

Supporting quotations

You may use the Card to make charges. At our discretion, we may permit you to create plans, make cash advances or balance transfers. You cannot transfer balances from any other account issued by us or our affiliates.

Qualifications & exceptions

• Plans, cash advances and balance transfers are available only if American Express permits them, at its discretion.
• Balance transfers from accounts issued by American Express or its affiliates are not allowed.

Not stated here

• The text does not say whether or when balance transfers are offered on this Card; the Rates and Fees Table lists no balance transfer APR.

Account & Service Control · Restriction or exception

The Card Member agrees to use the Card for personal, family or household purposes only

The Card Member agrees to use the Card for personal, family or household purposes only.

Supporting quotations

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

Qualifications & exceptions

• The restriction applies to use of the Card generally, not only to Points.

Not stated here

• The text does not say what American Express may do if the Card is used for other purposes.

Sharing & Disclosure · User right or choice

Merchants can store Card details; American Express may tell them about changes and cancellation unless asked not to

The Card Member may arrange for certain merchants and third parties to store the Card number and expiration date, for example so a merchant can charge the Account at regular intervals, or may make charges using stored Card information. American Express may (but is not required to) tell those merchants and third parties if the expiration date or Card number changes or if the Account status is updated, including if the Account is cancelled. A Card Member who does not want American Express to share updated Account information can contact American Express using the number on the back of the Card.

Supporting quotations

We may (but are not required to) tell these merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled. If you do not want us to share your updated Account information, please contact us using the number on the back of your Card.

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

Qualifications & exceptions

• Sharing of updated Account information is American Express's option ("may (but are not required to)").
• The Card Member can ask American Express not to share updated Account information.

Not stated here

• The agreement does not name the merchants or third parties that receive updates or say how quickly an opt-out takes effect.

Security & Safeguards · Procedure

Keep the Card safe and contact American Express right away if it is lost, stolen or used without permission

The Card Member is told to keep the Card safe and not let anyone else use it. If the Card is lost or stolen or the Account is being used without the Card Member's permission, the Card Member must contact American Express right away.

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.

Qualifications & exceptions

• The instruction to contact American Express applies to lost or stolen Cards and unauthorized use of the Account.

Not stated here

• This paragraph does not state the Card Member's liability for unauthorized charges; any such terms are for the section that covers them.

Account & Service Control · Restriction or exception

The Account may not be used for illegal activities

The Card Member may not use the Account for illegal activities.

Supporting quotations

You may not use your Account for illegal activities.

Not stated here

• The text does not say what American Express may do if the Account is used for illegal activities.

Account & Service Control · Restriction or exception

American Express may decline charges even within the Credit Limit and is not responsible for resulting losses

American Express may decline to authorize a charge for various reasons, including if it suspects fraud or based on its assessment of the Card Member's creditworthiness, even if the charge would not cause the Card Member to go over the Credit Limit and even if the Account is not in default. American Express is not responsible for any losses the Card Member incurs if it does not authorize a charge or if any merchant refuses to accept the Card.

Supporting quotations

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

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

Qualifications & exceptions

• The reasons given are examples ("various reasons, including").
• American Express disclaims responsibility for losses from a declined charge or a merchant refusing the Card.

Not stated here

• The full list of reasons for declining a charge is not given.

Charges & Financial Obligations · Permission or license

Plan It is offered at American Express's option; cash, balance transfers and fees do not qualify

American Express may offer Plan It, which allows a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee that is a fixed finance charge charged each month a plan is active. The Card Member selects qualifying purchases or a qualifying amount and a plan duration, and can view the monthly plan payments, including the plan fee. When a plan is set up, the purchases or amount are added to a plan balance and subject to a plan fee instead of the APR for purchases. A qualifying purchase is a purchase of at least a specified dollar amount, and a qualifying amount is a specified portion of the balance. Qualifying purchases (or a qualifying amount, for a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.

Supporting quotations

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

You will be able to view the monthly plan payments, including the plan fee, for your selection.

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

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

Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

• Plan It is offered at American Express's option ("may offer you").
• Purchases or amounts in a plan carry the plan fee instead of the APR for purchases.
• Cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees and fees owed to American Express do not qualify.

Not stated here

• The specified dollar amount for a qualifying purchase and the specified portion for a qualifying amount are not stated.
• This Card's Rates and Fees Table lists the Foreign Transaction fee as None; the text does not say whether purchases made abroad on this Card are therefore treated as qualifying.

Cross-references

• referred to by (model-proposed): Plan It plan fee is a monthly fixed finance charge of up to 1.33%, disclosed before a plan is set up — The Part 1 plan fee text sends the reader to About Plan It Feature in Part 2, which describes how plans are set up and which purchases qualify.

Charges & Financial Obligations · Restriction or exception

Plan creation depends on creditworthiness and Credit Limit and is blocked by cancellation, returns or past due

The Card Member's ability to create plans is based on a variety of factors such as creditworthiness and the Credit Limit. Plans cannot be created if the Account is cancelled, or if one or more of the Card Member's American Express accounts is enrolled in a payment program, has a payment that is returned unpaid, or is past due. American Express will tell the Card Member the number of active plans allowed and may change that number at any time. The plan durations offered and the ability to include multiple qualifying purchases or a qualifying amount in one plan are at American Express's discretion, based on factors such as creditworthiness, the purchase amount(s) and Account history. The Card Member agrees to manage the Account so that the total of plan balances (including plan fees) is not more than the Credit Limit.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Credit Limit. You will not be able to create plans if your Account is cancelled. You will also not be able to create plans if one or more of your American Express accounts is enrolled in a payment program, or has a payment that is returned unpaid, or is past due.

We will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history.

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

Qualifications & exceptions

• The blocking conditions cover "one or more of your American Express accounts", not only this Account.
• The number of active plans and the durations offered are set and can be changed at American Express's discretion.

Not stated here

• "Payment program" is not defined in this section.
• The factors beyond those named ("a variety of factors such as") are not listed.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled once created; paying the New Balance in full pays them off early and stops future plan fees

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

Supporting quotations

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

Qualifications & exceptions

• Early payoff is described as paying the New Balance shown on the most recent billing statement in full.
• Plan fees already charged are not mentioned; only future plan fees are stated to stop.

Not stated here

• The text does not say whether paying only the plan balance would pay a plan off early.

Charges & Financial Obligations · Company commitment

The Card Member promises to pay all charges, including those made by Additional Card Members or others permitted

The Card Member promises to pay all charges added to the Account, including charges that the Card Member or Additional Card Members make, or permit others to make, even if they do not present the Card or sign for the transaction.

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.

Qualifications & exceptions

• Covers charges made by the Card Member, Additional Card Members and anyone they permit to make charges.
• Applies even if the Card is not presented and no signature is given.

Not stated here

• This paragraph does not address unauthorized use of the Account.

Charges & Financial Obligations · Procedure

At least the Minimum Payment Due must be paid on or before the Payment Due Date, in the time and manner on the statement

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

Supporting quotations

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

Qualifications & exceptions

• The time and manner are those shown on each billing statement.

Charges & Financial Obligations · Procedure

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

Payments are made to American Express 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, the Card Member makes a separate payment for each Account, mails it to the address on the payment coupon on the billing statement, and writes the Account number on the check or negotiable instrument and includes 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.

make a separate payment for each Account,

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

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

When making a payment by mail:

Qualifications & exceptions

• The mail requirements apply when making a payment by mail.

Charges & Financial Obligations · Procedure

A compliant, on-time payment is credited the day received; later receipt is credited the next day

If a payment meets the stated requirements, American Express credits it 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 it is received after that time, it is credited the day after it is received. If a payment does not meet the requirements, there may be a delay in crediting the Account, which may result in late payment fees and additional interest charges. The agreement refers the reader to How Rates and Fees Work in Part 1.

Supporting quotations

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

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

Qualifications & exceptions

• Same-day crediting depends on meeting the requirements and the time and manner in the billing statement.
• Noncompliant payments may be delayed; the delay "may" result in late fees and more interest.

Not stated here

• The cut-off time is not stated in this section; it is in each billing statement.

Charges & Financial Obligations · Restriction or exception

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

American Express will not accept a payment made in a foreign currency or drawn on an account at a bank located outside of 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.

Qualifications & exceptions

• Payments in foreign currency or drawn on non-U.S. banks are not accepted.

Not stated here

• "Restrictive language" is not defined or illustrated.

Charges & Financial Obligations · Procedure

Payments go first to Plan amounts and the lowest-rate balance up to the minimum, then the highest-rate balance

American Express says it generally applies payments in a billing period as follows when the Account has balances with different interest rates, Plan balances or Plan fees. Payments up to the Minimum Payment Due are applied first to any Plan amounts included in the Minimum Payment Due, then to the balance subject to the lowest interest rate, and then to balances subject to higher interest rates. After the Minimum Payment Due has been paid, payments are applied to the balance subject to the highest interest rate, then to balances subject to lower interest rates, and then to any Plan balances. The example given is that purchases may have a lower interest rate than cash advances.

Supporting quotations

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

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

Qualifications & exceptions

• The order is stated as how payments are "generally" applied.
• The order differs below and above the Minimum Payment Due.

Not stated here

• The text says "generally", so exceptions are possible; none are listed in this section other than the credit rules.

Cross-references

• referred to by (model-proposed): Credits go to the related charge's balance; excess credits are redistributed; plan credits need a call — The credits paragraph says excess credits are redistributed to other balances "in accordance with how we apply payments described above", which refers to the payment allocation order.

Charges & Financial Obligations · Procedure

Credits go to the related charge's balance; excess credits are redistributed; plan credits need a call

In most cases, American Express applies a credit to the same balance as the related charge; for example a credit for a purchase is applied to the purchase balance. It may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If there is a negative balance in any balance at the end of a billing period, the excess credit is redistributed to other balances according to the payment rules, which means Plan balances may get paid before they otherwise would. If the Card Member receives a credit for a purchase placed into a plan, the Card Member must call the number on the back of the 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. For example, we apply a credit for a purchase to the purchase balance. 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 placed into a plan, you must call us at the number on the back of your Card to have the credit applied to the Plan balance.

Qualifications & exceptions

• "In most cases" signals the default, not a guarantee.
• A credit for a purchase placed into a plan is applied to the Plan balance only after the Card Member calls.

Not stated here

• The text does not say what happens to such a credit if the Card Member does not call.

Cross-references

• refers to (model-proposed): Payments go first to Plan amounts and the lowest-rate balance up to the minimum, then the highest-rate balance — The credits paragraph says excess credits are redistributed to other balances "in accordance with how we apply payments described above", which refers to the payment allocation order.

Charges & Financial Obligations · Procedure

Interest is figured on each balance using the Average Daily Balance method including new transactions

American Express calculates interest for a billing period by first figuring the interest on each balance. Different categories of transactions, such as purchases and cash advances, may have different interest rates, and balances within a category may also have different rates. It uses the Average Daily Balance method (including new transactions) 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.

Supporting quotations

How we calculate interest: We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions--such as purchases and cash advances--may have different interest rates. Balances within each category may also have different interest rates.

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

Qualifications & exceptions

• Each balance is treated separately and the interest amounts are then added up.

Cross-references

• referred to by (model-proposed): Interest is calculated with the average daily balance method (including new purchases) — The Part 1 table names the average daily balance method and sends the reader to the How we calculate interest section in Part 2, where the method is described.

Charges & Financial Obligations · Procedure

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

The interest charged for a balance in a billing period, except for variations caused by rounding, equals the Average Daily Balance (ADB) multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period. To get the ADB for a balance, American Express adds up its daily balances and divides the result by the number of days in the billing period.

Supporting quotations

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.

Qualifications & exceptions

• Rounding can cause small differences from the formula.

Not stated here

• The DPR values themselves are not given in this formula; see the card on the DPR definition and where DPRs are shown.

Cross-references

• defined by (model-proposed): A DPR is 1/365th of an APR; the agreement says DPRs are shown in Part 1, but no DPR values are listed there — The interest formula multiplies the Average Daily Balance by the Daily Periodic Rate and the days in the billing period; the DPR is defined as 1/365th of an APR, with the values said to be shown in Part 1 but not listed in the published text.

Charges & Financial Obligations · Procedure

Average Daily Balance is the sum of a balance's daily balances divided by the days in the billing period

To get the Average Daily Balance (ADB) for a balance, American Express adds up its daily balances and divides the result by the number of days in the billing period.

Supporting quotations

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

Qualifications & exceptions

• The ADB is figured separately for each balance.

Charges & Financial Obligations · Context

A DPR is 1/365th of an APR; the agreement says DPRs are shown in Part 1, but no DPR values are listed there

A Daily Periodic Rate (DPR) 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." The public agreement's How Rates and Fees Work section in Part 1 holds the Explanation of Variable Rates, Determining the Prime Rate, Fees, and the limits, payment and grace-period sections, and lists no DPR values. The Rates and Fees Table gives APRs as the Prime Rate plus a margin, some as a range. A worked example in Part 2 gives a DPR figure, but it assumes a 15.99% rate that is not one of this Card's rates. The explanation of variable rates says variable APRs (and corresponding DPRs) will increase if the Prime Rate increases, which confirms DPRs follow the variable APRs. The DPR values are therefore not shown in the published agreement and are not computed or taken from another source here.

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.

How Rates and Fees Work

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

Qualifications & exceptions

• The DPR is defined as 1/365th of an APR, so it changes whenever a variable APR changes.
• The sentence refers to Part 1 for the DPRs, but the published Part 1 text lists none.

Not stated here

• The numerical DPR for each of this Card's APRs is not shown in the published agreement; the agreement's reference to Part 1 points to values the public text does not contain, and they are not derived here.

Cross-references

• defines (model-proposed): Interest on a balance equals Average Daily Balance times Daily Periodic Rate times days in the billing period — The interest formula multiplies the Average Daily Balance by the Daily Periodic Rate and the days in the billing period; the DPR is defined as 1/365th of an APR, with the values said to be shown in Part 1 but not listed in the published text.

Charges & Financial Obligations · Context

Worked example: a 15.99% rate, $2,250 ADB and 30 days gives a 0.0438% DPR and $29.57 of interest

The agreement gives an example with a single interest rate of 15.99%, an ADB 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. The rate in the example is an assumption for illustration and is not one of this Card's APRs.

Supporting quotations

EXAMPLE: Calculating Interest

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 figures illustrate the formula under stated assumptions.

Charges & Financial Obligations · Procedure

The daily balance starts from the beginning balance, adds new charges and subtracts payments and credits

American Express figures the daily balance for each balance by taking the beginning balance for the day, adding any new charges, subtracting any payments or credits and making any appropriate adjustments. A new charge is added to a daily balance as of its transaction date. If the 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. If the daily balance is negative, we treat it as zero.

Qualifications & exceptions

• A negative daily balance is treated as zero.
• New charges count from their transaction date.

Not stated here

• "Appropriate adjustments" are not described.

Charges & Financial Obligations · Company practice

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

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. The agreement states that this method of figuring the beginning balance 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.

Qualifications & exceptions

• Interest is added to the balance each day within a billing period.
• Unpaid interest from the prior billing period carries into the first day's beginning balance.

Charges & Financial Obligations · Permission or license

American Express may use other equivalent methods and may choose not to charge interest on certain types of charges

To figure the ADB and interest charges, American Express 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.

Qualifications & exceptions

• Other methods must produce equivalent results.
• Not charging interest on certain charges is at American Express's choice.

Not stated here

• The types of charges on which interest may not be charged are not listed.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: the cost of consumer credit to Armed Forces members and dependents may not exceed 36 percent APR

The agreement says 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).

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 limit is stated "in general" and the listed cost components apply "as applicable".
• Certain application and participation fees are excluded as described in the parentheses.

Not stated here

• Which application or participation fees are excluded is not specified in the text.
• The text does not compare this Card's APRs with the 36 percent figure.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act covered borrowers are not bound by the Arbitration provision but may elect arbitration

To listen to the Military Lending Act statement and a description of the payment obligation for the Account, the Card Member can call 855-531-0379. A covered borrower under the Military Lending Act is not subject to the Arbitration provision of the Claims Resolution section in connection with this Account. If the covered borrower elects arbitration, American Express 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

• The exemption applies to a covered borrower under the Military Lending Act.
• A covered borrower may still elect arbitration and American Express will comply with its obligations.

Not stated here

• The Claims Resolution section is carded separately; how a covered borrower's election works is described there, not here.
• "Covered borrower" is not defined in this paragraph.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration of any claim, decided by a neutral arbitrator — The Military Lending Act paragraph states that the Arbitration provision does not apply to a covered borrower, although a covered borrower may elect arbitration, which qualifies the general right of either party to elect arbitration.

Account & Service Control · Permission or license

Additional Cards can be issued on request; their use is subject to the Agreement and may be reported to credit agencies

American Express may issue additional Cards on the Account at the Card Member's request. Additional Card Members can use the Account subject to the terms of the Agreement, and American Express may report their use of the Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on the Account, it is shown on page 2 of Part 1. Part 1 shows the Annual Fee for Additional Cards as None.

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.

Qualifications & exceptions

• Issuing additional Cards is at American Express's option ("may issue") on the Card Member's request.
• American Express may report an Additional Card Member's use of the Account to credit reporting agencies.

Account & Service Control · Restriction or exception

Card Member answers for all use by Additional Card Members and those they allow, and authorizes sharing with them

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

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made. You also authorize us to give Additional Card Members information about your Account and to discuss it with them.

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

If 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.

Qualifications & exceptions

• Responsibility extends to anyone an Additional Card Member allows to use the Account.
• Ending an Additional Card Member's use is done by contacting American Express.

Not stated here

• Whether the refund policy matters for this Card is not stated; Part 1 shows no Annual Fee for Additional Cards.

Account & Service Control · Procedure

Notices go by U.S. mail, courier or electronically and are given when mailed or delivered electronically

American Express 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 on mailing or electronic delivery, not on receipt.

Not stated here

• The text does not say how long mailed notices take to arrive or what happens if the records are out of date.

Use & Processing · Permission or license

The Card Member authorizes contact by any phone or email, including texts, push notifications and automated dialers

If American Express needs to contact the Card Member to service the account or to collect amounts owed, the Card Member authorizes American Express, its affiliates, agents and contractors (such as debt collection agencies and service providers) to contact the Card Member at any phone number or email address the Card Member provides, from which the Card Member contacts American Express, or at which American Express believes it can reach the Card Member. American Express may contact the Card Member in any way, such as calling, texting, emailing, sending mobile application push notifications or any other method permitted by law, may use an automated dialer or prerecorded messages, and may contact the Card Member on a mobile, wireless or similar device, even if the Card Member is charged for it.

Supporting quotations

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

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

Qualifications & exceptions

• The authorization applies when American Express needs to contact the Card Member to service the account or collect amounts owed.
• Numbers and addresses can come from several sources, including ones American Express "believes" can reach the Card Member.
• Contact methods are limited by "permitted by law".

Not stated here

• The text does not describe a way to withdraw this authorization or limit contact times.

Data Access & Collection · Company practice

American Express may monitor and record any calls between the Card Member and American Express

American Express may monitor and record any calls between the Card Member and American Express.

Supporting quotations

Call monitoring: We may monitor and record any calls between you and us.

Qualifications & exceptions

• Applies to any calls between the Card Member and American Express.

Not stated here

• The text does not state how long recordings are kept or how they are used.

Account & Service Control · User right or choice

The Card Member must notify American Express immediately of address, email or phone changes, separately for each Account

The Card Member must notify American Express immediately if the mailing address, email address or telephone number changes. A Card Member with more than one Account must notify American Express separately for each Account. American Express may update the 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.

Qualifications & exceptions

• Notification is required separately for each Account.
• American Express may update the billing address on information it receives, without a Card Member notification being required.

Not stated here

• The sources from which American Express may receive information about a changed address are not listed.

Legal Rights & Agreement Rules · Restriction or exception

If a disputed charge is credited, the Card Member assigns merchant claims (except tort claims) to American Express

If the Card Member disputes a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, the Card Member assigns and transfers to American Express all rights and claims (excluding tort claims) against the merchant, agrees not to pursue any claim against the merchant for the credited amount and must cooperate with American Express 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 must cooperate with us if we decide to do so.

Qualifications & exceptions

• The assignment applies only when American Express credits the Account for the disputed charge.
• Tort claims are excluded from the assignment.
• The Card Member may not pursue a claim against the merchant for the credited amount.

Not stated here

• Crediting a disputed charge is at American Express's option ("may credit"); the process for requesting a dispute is not described here.
• "If we decide to do so" is read with the preceding sentences; the text does not say precisely what American Express decides to do.

Data Access & Collection · Permission or license

The Card Member agrees American Express will obtain credit reports and other information and use it for any purpose

The Card Member agrees that American Express will obtain credit reports about the Card Member, investigate the ability to pay, and obtain information from other sources, including information to verify and re-verify employment and income. The Card Member agrees that American Express will use such information for any purposes (for example, marketing to the Card Member or evaluating the Card Member 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.

Qualifications & exceptions

• The purposes are "any purposes", with marketing and evaluating for a new account given as examples.
• The use is subject to applicable law.

Not stated here

• The "other sources" are not listed.
• The text does not say how often reports are obtained.

Sharing & Disclosure · Company practice

American Express gives Account information to credit reporting agencies and reports failure to comply with the Agreement

The Card Member agrees that American Express will give information about the Account to credit reporting agencies. American Express will tell a credit reporting agency if the Card Member fails to comply with the terms of the Agreement, which may have a negative impact on the Card Member's credit report. A Card Member who believes information given to a credit reporting agency is incorrect can write to American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, and must tell American Express the specific information believed to be 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.

Qualifications & exceptions

• Reporting includes information about the Account and any failure to comply with the Agreement.
• A dispute about reported information is made in writing to the stated address, naming the specific information.

Not stated here

• The text does not name the credit reporting agencies or say what American Express does after receiving a written dispute.

Account & Service Control · Restriction or exception

American Express may treat the Account as in default for five listed reasons, including belief of inability to pay

American Express may consider the Account to be in default if the Card Member violates a provision of the Agreement, gives false information, files for bankruptcy, defaults under another agreement with American Express or an affiliate, or if American Express believes the Card Member is unable or unwilling to pay 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 determination is American Express's option ("may consider").
• The last trigger rests on American Express's belief, not on a missed payment.

Not stated here

• "Violate a provision of this Agreement" is not limited to any particular provision, including non-payment terms.
• No notice or cure period before default is stated here.
• Other agreements with American Express or an affiliate, a default under which is a listed trigger, are not supplied here, so the card cannot say what they contain.

Account & Service Control · Restriction or exception

After default, incapacity or death, American Express may suspend charges and demand more than the minimum or the balance

If American Express considers the Account in default, or if the Card Member becomes incapacitated or dies, it may, to the extent permitted by federal and applicable state law, suspend the ability to make charges, cancel or suspend any feature on the Account, require the Card Member to pay more than the Minimum Payment Due immediately, and require the Card Member to pay the 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 on default, incapacity or death.
• They are limited "to the extent permitted by federal and applicable state law".
• All four remedies are at American Express's option ("may").

Not stated here

• "Incapacitated" is not defined.

Charges & Financial Obligations · Company practice

The Card Member agrees to pay reasonable collection costs, including attorneys' fees

The Card Member agrees to pay all reasonable costs, including attorneys' fees, that American Express incurs to collect amounts owed.

Supporting quotations

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

Qualifications & exceptions

• Costs must be "reasonable".

Not stated here

• The text does not say how these costs are charged to the Account.

Account & Service Control · Permission or license

American Express may cancel the Account or suspend features at any time for any reason; charges remain payable

American Express may, at any time and for any reason, cancel the Account, suspend the ability to make charges, or cancel or suspend any feature on the Account. If it does any of these, the Card Member must still pay for all charges under the terms of the Agreement. If American Express later agrees to reinstate the Account, it may reinstate any additional Cards issued on the Account and charge any applicable annual fees and a fee to reinstate the Account. If the Account is cancelled and American Express re-opens it at the Card Member's request, it may charge a $25 fee.

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, cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement.

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

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

Qualifications & exceptions

• American Express may act "at any time and for any reason".
• The Card Member remains responsible for all charges.

Not stated here

• This Part 3 paragraph says American Express "may charge" a $25 fee to re-open; the Rates and Fees Table in Part 1 lists the Account Re-opening fee as $25 without "may".
• No notice period is stated for cancellation or suspension.

Cross-references

• refers to (model-proposed): Account re-opening fee of $25 — Part 3 says that if a cancelled Account is re-opened at the Card Member's request, American Express "may charge you a $25 fee"; the Part 1 fee section lists the Account Re-opening fee as $25 if the Account is cancelled, the Card Member asks to re-open it and American Express does so. The two statements concern the same fee.

Account & Service Control · User right or choice

The Card Member can close the Account; an Annual Fee is refunded within 30 days, except in Massachusetts

The Card Member may close the Account by calling or writing to American Express. If an Annual Fee applies, American Express will refund it if the Card Member notifies it of voluntarily closing the Account within 30 days after the Closing Date of the billing statement on which the fee appears. For cancellations after that 30-day period, the Annual Fee is non-refundable. If the billing address is in the Commonwealth of Massachusetts when the Account is closed, this policy does not apply. Part 1 lists the Annual Fee as None.

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.

Qualifications & exceptions

• The refund applies only if an Annual Fee applies and the Card Member voluntarily closes the Account within 30 days after the Closing Date of the statement showing the fee.
• The policy does not apply to a billing address in the Commonwealth of Massachusetts when the Account is closed.

Not stated here

• The text does not say what applies instead for a Massachusetts billing address.

Use & Processing · Permission or license

Paying by check authorizes a one-time electronic debit, possibly the same day, without returning the check

When the Card Member pays by check, the Card Member authorizes American Express to use information from the check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from the bank or other asset account. When this is done, the payment may be withdrawn as soon as the same day American Express receives the check, and the Card Member will not receive the check back from the bank or financial institution. In certain circumstances, American Express may process the 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.

Qualifications & exceptions

• The authorization is for a one-time electronic fund transfer.
• The check is not returned when the electronic transfer is made.

Not stated here

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

Charges & Financial Obligations · Company practice

Foreign-currency charges are converted by AEEML at a rate no more than the highest official or interbank rate

If the Card Member makes a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") converts it into U.S. dollars on the date American Express or its agents process it, and American Express bills the charge in U.S. dollars based on that conversion. Unless a particular rate is required by law, AEEML chooses a conversion rate acceptable to American Express 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. The rate may differ from rates in effect on the date of the charge. Charges converted by establishments (such as airlines) are billed at the rates those establishments 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.

Qualifications & exceptions

• The conversion date is the date American Express or its agents process the charge, not the date of the charge.
• The rate is capped at the highest official or interbank rate; the text does not say the rate equals that figure.
• Rates used by establishments that convert charges (such as airlines) apply to those charges.

Not stated here

• The text sets a ceiling on the rate, not the rate itself, and does not state any margin AEEML adds or removes.
• Part 1 lists the Foreign Transaction fee as None; the text does not explain how that relates to the conversion rate.

Cross-references

• qualifies (model-proposed): No foreign transaction fee — The Foreign Transaction fee is listed as None. The conversion paragraph separately says that foreign-currency charges are converted at a rate chosen by AEEML that is no more than the highest official or interbank rate and may differ from the rate on the date of the charge; the None entry does not state the conversion rate.

Data Access & Collection · Company practice

Charge data from federal-agency purchases is collected for processing, billing, collections and aggregated uses

Some federal agencies may accept the Card under authority of statute. When the Card Member makes charges at these agencies, American Express collects certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. The Privacy Act of 1974 is named in the heading of this passage.

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 collection applies to charges made at federal agencies that accept the Card under authority of statute.
• Uses listed are examples ("such as") for routine uses; the aggregated use for reporting, analysis and marketing is stated separately.

Not stated here

• The charge information collected is described only as "certain charge information".
• The Federal Register notices on other routine uses by agencies are not supplied.

Sharing & Disclosure · Company practice

Affiliates may tell the Card Member about insurance and other products and be compensated for it

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

Supporting quotations

About 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 insurance products are stated not to be offered or sold by American Express or on its behalf.
• Compensation to affiliates "may influence" which products and providers are mentioned.

Not stated here

• The specific products, providers and compensation amounts are not described.

Sharing & Disclosure · Company practice

American Express may share information about the Card Member with affiliates to identify products of interest

American Express may share information about the Card Member with its affiliates so they can identify products that may interest the Card Member. American Express 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.

Qualifications & exceptions

• Sharing is stated as "may" and is for identifying products that may interest the Card Member.

Not stated here

• The types of information shared and any way to limit this sharing are not described in this paragraph.

Account & Service Control · Permission or license

American Express may add, modify or remove any benefit, feature or service related to the Account at its discretion

American Express has the right to add, modify or remove any benefit, feature or service included with or related to the 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.

Qualifications & exceptions

• The right is exercised "at our discretion".

Not stated here

• No notice period is stated in this paragraph.

Legal Rights & Agreement Rules · Permission or license

American Express may sell or assign the Agreement and Account without notice; the Card Member may not

American Express may sell, transfer or assign the Agreement and the Account, and may do so at any time without notifying the Card Member. The Card Member may not sell, assign or transfer the Account or any of the Card Member's 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.

Qualifications & exceptions

• The permission runs one way: American Express may assign; the Card Member may not.

Legal Rights & Agreement Rules · Restriction or exception

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

American Express may choose to delay enforcing or to 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.

Qualifications & exceptions

• The statement is about American Express's rights under the Agreement.

Legal Rights & Agreement Rules · Context

Utah law and federal law govern the Agreement; Maryland billing addresses carry a specific election

Utah law and federal law govern the Agreement and the Account without regard to internal principles of conflicts of law. American Express states that it entered into the Agreement with the Card Member in Utah, where it is located and holds the Account. For Maryland residents, if the Account has a Maryland billing address, American Express 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 election applies only to Accounts with a Maryland billing address and only to the extent, if any, that Maryland law applies.

Not stated here

• The Maryland statute is not supplied, so what the election changes for a Maryland Card Member is not described here.

Charges & Financial Obligations · User right or choice

Notice to Oregon residents: service charges limited to those permitted by law; extra payments allowed any time

The notice to Oregon residents says that service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month, and that the Card Member may pay more than the Minimum Payment Due, up to the 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.

Not stated here

• The text does not say which Oregon law sets the permitted service charges.

Charges & Financial Obligations · User right or choice

Notice to Washington residents: no interest owed that results solely from a delayed credit, in stated cases

The notice for residents of Washington State says that, in accordance with the Revised Code of Washington Statutes, Section 63.14.167, the Card Member is not responsible for payment of interest charges that result solely from a merchant's failure to transmit to American Express within seven working days a credit for goods or services accepted for return or forgiven, if the Card Member has notified American Express of the merchant's delay in posting the credit, or from American Express's failure to post such credit to the 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 protection covers interest charges that result solely from the delay described.
• For a merchant's delay, the Card Member must have notified American Express of the delay.
• The notice is addressed to residents of Washington State.

Not stated here

• The cited Washington statute is not supplied here, so its wording and any further conditions are not described.
• The text does not say whether the notification condition also applies to American Express's own failure to post a credit within three working days.

Legal Rights & Agreement Rules · Procedure

Disputes go from Customer Service to mediation, arbitration or litigation; arbitration can be rejected in 45 days

Most customer concerns can be resolved by calling the Customer Service Department at the number on the back of the Card. If Customer Service cannot resolve a complaint to the Card Member's satisfaction, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision, which the Card Member may reject by sending written notice within 45 days after the 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.

Qualifications & exceptions

• The right to reject the arbitration provision is time-limited to 45 days after the first Card purchase.

Not stated here

• The overview does not describe the rejection steps; they are in the Your Right to Reject Arbitration paragraph.

Cross-references

• refers to (model-proposed): The Card Member can reject arbitration by mailing a signed notice within 45 days after the first Card purchase — The overview tells the reader to see Your Right to Reject Arbitration for how the arbitration provision may be rejected within 45 days after the first Card purchase.

Legal Rights & Agreement Rules · Context

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

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. The definition therefore reaches beyond the Card Member and the issuer named on page 1 of Part 1.

Supporting quotations

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

Qualifications & exceptions

• The wider meaning applies only within the Claims Resolution section.

Not stated here

• The text does not list which entities count as the Card Member's related persons or entities.

Legal Rights & Agreement Rules · Context

A "Claim" is any current or future dispute relating to the Account or the Agreement, with a long non-exhaustive list

Claim means any current or future claim, dispute or controversy relating to the Account(s), the Agreement, or any agreement or relationship the Card Member has or had with American Express, 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 or its balances, advertisements, promotions or statements about accounts, goods or services financed under accounts or terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and the Card Member's application for any account. The Card Member 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

• The definition is broad ("includes but is not limited to") and covers past, current and future matters.
• Questions of the validity, enforceability or scope of the Arbitration provision are excluded from the definition of Claim.

Not stated here

• The text does not say who decides the validity, enforceability or scope of the Arbitration provision, which the definition leaves out of "Claim".

Legal Rights & Agreement Rules · Procedure

A written claim notice describing the claim and relief demanded must be sent before a lawsuit, mediation or arbitration

Before beginning a lawsuit, mediation or arbitration, the Card Member and American Express agree to send a written notice (a claim notice) to each party against whom a claim is asserted, to provide an opportunity to resolve the claim informally or through mediation. A sample claim notice is available at americanexpress.com/claim. The claim notice must describe the claim and state the specific relief demanded. Notice to the Card Member may be provided by the billing statement or sent to the billing address. Notice to American Express must include the Card Member's 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.

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.

Qualifications & exceptions

• A claim notice is required before a lawsuit, mediation or arbitration.
• Notice to the Card Member may be given through the billing statement or sent to the billing address.
• The amount of relief demanded in the notice is withheld from an arbitrator until after the ruling.

Not stated here

• The text does not say what happens if a party starts a lawsuit without sending a claim notice.
• The time to wait after a notice before starting a lawsuit is not stated in this paragraph.

Legal Rights & Agreement Rules · Procedure

Either side may submit a claim to JAMS or AAA mediation within 30 days of a claim notice; American Express pays

In mediation, a neutral mediator helps the parties resolve a claim without deciding it. Before beginning mediation, the Card Member or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. American Express will pay the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. Applicable statutes of limitation are tolled from the date a claim notice is sent until the mediation ends. Either side may terminate the mediation at any time, and submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

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.

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

Qualifications & exceptions

• Mediation can be started within 30 days after a claim notice is sent or received.
• American Express pays the mediator's fees.
• Statutes of limitation are tolled during the period stated.

Not stated here

• The text does not say what a party may do if the 30-day mediation window passes.

Legal Rights & Agreement Rules · Permission or license

Either side may elect individual arbitration of any claim, decided by a neutral arbitrator

The Card Member or American Express may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.

Supporting quotations

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

Qualifications & exceptions

• Either party may elect arbitration; the Card Member can instead reject the arbitration provision within 45 days after the first Card purchase.
• The Military Lending Act paragraph in Part 2 says the Arbitration provision does not apply to a covered borrower, who may still elect arbitration.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not bound by the Arbitration provision but may elect arbitration — The Military Lending Act paragraph states that the Arbitration provision does not apply to a covered borrower, although a covered borrower may elect arbitration, which qualifies the general right of either party to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If arbitration is chosen, neither side can go to court, have a jury trial or join a class or representative action

If arbitration is chosen by any party, neither the Card Member nor American Express will have the right to litigate that claim in court or have a jury trial on that claim. Neither will have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. The text adds that other rights a party would have in court may also not be available in arbitration.

Supporting quotations

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.

Other rights you or we would have in court may also not be available in arbitration.

Qualifications & exceptions

• The waiver takes effect when any party chooses arbitration.
• It applies to claims subject to arbitration.

Not stated here

• The "other rights" that may not be available in arbitration are not listed.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration has simpler rules and limited discovery and review; the decision is generally final and binding

The agreement says arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between the Card Member and American Express alone. Claims may not be joined or consolidated unless both 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 forth below, the arbitrator's decision is final and binding.

Supporting quotations

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

Qualifications & exceptions

• Court review of an arbitrator's decision is described as very limited.
• The statement "final and binding" is qualified by "Except as set forth below", which refers to the appeal right in the arbitration procedures.

Not stated here

• The text does not say which later passage "set forth below" refers to beyond the arbitration procedures and appeal provisions carded separately.

Legal Rights & Agreement Rules · Procedure

Arbitration starts with a claim notice and goes to JAMS or AAA, chosen by the party electing it

Before beginning arbitration, the Card Member or American Express must first send a claim notice. Claims are referred to either JAMS or the 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 American Express chooses the organization, the Card Member may select the other within 30 days after receiving notice of the selection. Claims may also be referred to another arbitration organization if both 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).

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 Agreement prevails where the organization's rules conflict with it.
• The organization's rules in effect when the claim is filed apply.

Not stated here

• The Federal Arbitration Act is an external statute and is not supplied here; the card does not describe its contents.
• The text does not say what happens if the Card Member does not select within the 30 days.

Legal Rights & Agreement Rules · Restriction or exception

American Express will not elect arbitration for an individual small claims case; otherwise any time before trial

American Express will not elect arbitration for any claim the Card Member files in small claims court, so long as the claim is individual and pending only in that court. Otherwise, either side 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.

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.

Qualifications & exceptions

• The small claims commitment applies to claims the Card Member files, that are individual, and are pending only in that court.
• Arbitration may otherwise be elected at any time until a court trial has begun or final judgment has been entered.

Not stated here

• The text does not say whether the Card Member could still elect arbitration of a small claims case.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not using the right to arbitrate does not waive it

Either the Card Member or American Express 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

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.

Qualifications & exceptions

• Applies to both the Card Member and American Express.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only: no class or representative claims for the public or other Card Members

If either party elects to resolve a claim by arbitration, the claim is arbitrated on an individual basis. There is 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.

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.

Qualifications & exceptions

• Applies when either party elects arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If part of the Limitations on Arbitration is held invalid or unenforceable, the whole Arbitration provision falls away

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

Supporting quotations

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

Qualifications & exceptions

• The consequence is that the whole Arbitration provision, not just the invalid portion, stops applying.
• The right to appeal such a decision is preserved.

Not stated here

• The text does not say who decides that a portion is invalid or unenforceable.
• The later continuation paragraph states a different severability rule for the rest of the Claims Resolution section, "except as otherwise provided in the Limitations on Arbitration subsection".

Cross-references

• exception to (model-proposed): The Claims Resolution section survives account termination, payoff, debt collection, bankruptcy and sale of the Account — The continuation paragraph says an invalid portion of the Claims Resolution section does not invalidate the rest, except as provided in the Limitations on Arbitration subsection, where an invalid portion removes the entire Arbitration provision.

Legal Rights & Agreement Rules · Procedure

The FAA governs arbitration; the arbitrator applies substantive law; hearings can be in the Card Member's district

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration is confidential: the Card Member and American Express 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. If the claim is for $10,000 or less, the Card Member may choose whether the arbitration is conducted solely on documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator provides a brief written explanation of the award. At the Card Member's election, hearings take place in the federal judicial district of the Card Member's residence.

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Arbitration Procedures: 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.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award.

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

Qualifications & exceptions

• Confidentiality applies to the content of the proceeding and its outcome, with an exception for notifying a government authority as permitted or required by law.
• The choice of hearing format is for claims of $10,000 or less.
• The hearing location is at the Card Member's election.

Not stated here

• The Federal Arbitration Act is an external statute and is not supplied here.

Legal Rights & Agreement Rules · Procedure

An award is final and binding but may be appealed to a three-arbitrator panel within 35 days

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and to challenge or appeal an 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 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.

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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.

Qualifications & exceptions

• The appeal must be started in writing within 35 days after the award is issued.
• The panel decides anew any aspect of the decision objected to, on written submissions.

Legal Rights & Agreement Rules · Procedure

The Card Member pays arbitration fees only up to what a court filing would cost; American Express pays the rest

The Card Member is responsible for paying a share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees the Card Member would have incurred if the claim had been brought in court. American Express is responsible for any additional arbitration fees. At the Card Member's written request, American Express will consider in good faith making a temporary advance of the Card Member's share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

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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 Card Member's share is capped at the filing fees the Card Member would have incurred in court.
• American Express only commits to consider in good faith an advance or expert-fee payment on written request; it does not promise it.

Not stated here

• The amount of court filing fees is not stated.

Legal Rights & Agreement Rules · User right or choice

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

If the arbitrator rules in the Card Member's favor for an amount greater than any final offer American Express made before the final hearing in arbitration, the arbitrator's award will include (1) any money to which the Card Member is entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

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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

• The additional award applies only when the arbitrator rules for the Card Member for an amount greater than any final offer American Express made before the final hearing.

Not stated here

• The text does not say whether the $5,000 floor applies when no final offer was made.

Legal Rights & Agreement Rules · User right or choice

The Card Member can reject arbitration by mailing a signed notice within 45 days after the first Card purchase

The Card Member 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 rejection notice must be mailed within 45 days after the first Card purchase, must state that the Card Member rejects the Arbitration provision, and must include the name, address, Account number and personal signature. No one else may sign it. If the notice complies, the Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts the Card Member has will not apply, except for Corporate Card accounts and any claims subject to pending litigation or arbitration when the notice is sent. Rejection does not affect the Card Member's other rights or responsibilities under the Claims Resolution section or the Agreement, or the ability to use the Card or any other benefit, product or service.

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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 notice must be mailed within 45 days after the first Card purchase and must be signed personally by the Card Member.
• A compliant rejection also disapplies arbitration provisions in the Card Member agreements for the Card Member's other currently open American Express accounts, except Corporate Card accounts and claims in pending litigation or arbitration.

Not stated here

• The text does not say what happens to a notice that is mailed on time but fails one of the stated requirements.

Cross-references

• referred to by (model-proposed): Disputes go from Customer Service to mediation, arbitration or litigation; arbitration can be rejected in 45 days — The overview tells the reader to see Your Right to Reject Arbitration for how the arbitration provision may be rejected within 45 days after the first Card purchase.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives account termination, payoff, debt collection, bankruptcy and sale of the Account

The Claims Resolution section survives termination of the Account, voluntary payment of the Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of the Account (in a sale, its terms apply to the buyer of the Account). If any portion of the 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 that section.

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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.

Qualifications & exceptions

• The section's terms apply to a buyer of the Account.
• The severability rule has an exception for the Limitations on Arbitration subsection, under which an invalid portion removes the whole Arbitration provision.

Cross-references

• has exception (model-proposed): If part of the Limitations on Arbitration is held invalid or unenforceable, the whole Arbitration provision falls away — The continuation paragraph says an invalid portion of the Claims Resolution section does not invalidate the rest, except as provided in the Limitations on Arbitration subsection, where an invalid portion removes the entire Arbitration provision.