Amex Offers Terms and Conditions
Terms and Conditions
U.S. Amex Offers® Program Terms and Conditions
Last Modified: July 2026
- This version is dated "Last Modified: July 2026" Legal Rights & Agreement Rules
These U.S. Amex Offers Program Terms and Conditions (“Offers Program Terms”) govern your participation in the Amex Offers Program. By enrolling in or using Amex Offers, you agree to be bound by these Offers Program Terms. If you do not agree, you may not participate in the Amex Offers Program. These Offers Program Terms are in addition to other contractual obligations related to transactions involving an American Express Card or non-Card product or service, including but not limited to any Card Member Agreement(s) that concern or relate to a transaction. Offers made available through an Amex Offers Program operated in another country or jurisdiction are governed by the applicable Amex Offers Program terms and conditions for that country or jurisdiction, and not these U.S. Offers Program Terms.
- Enrolling in or using Amex Offers means you agree to these terms Legal Rights & Agreement Rules
- These terms sit alongside the Card Member Agreement, which controls in a conflict for American Express-issued Cards Legal Rights & Agreement Rules
- These terms cover only the U.S. Amex Offers Program Legal Rights & Agreement Rules
These Offers Program Terms should be read in conjunction with the specific Terms and Conditions applicable to each offer (“Offer Terms”), and your Card Member Agreement with American Express governing your eligible Card account which you can access here.
- Each offer has its own Offer Terms, read together with these terms and your Card Member Agreement Legal Rights & Agreement Rules
For full Program Terms and Conditions, click to expand each section below
A. How the Amex Offers Program Works
This section explains how Card Members can participate in the Amex Offers Program, including eligibility, enrollment, qualifying purchases, and fulfillment of Offers.
Eligibility Basic Card Members and Additional Card Members on an eligible Card account may be eligible to participate in the Amex Offers Program. Eligibility for the Offers Program generally, and each particular Offer, is determined by American Express in its sole discretion. A Card Member will be considered eligible for a particular Offer if the Card Member can view and enroll their Card in that Offer on the Amex Offers page in their online account, the American Express® App, or another channel designated by American Express. To be eligible, accounts must not be cancelled, suspended, or restricted at the time of fulfillment. In American Express’s sole discretion, it may limit any Basic or Additional Card Member from enrolling in the Offers Program or any particular Offer. If both a Basic Card Member and an Additional Card Member are eligible and independently enroll in the same Offer, each Card Member may qualify for and receive the Offer reward on their enrolled Card. Transactions that qualify for an Offer redemption are tracked separately for each enrolled Card and will not be aggregated across Basic and Additional Cards to satisfy Offer requirements. Rewards will be applied to Basic Card Member’s account.
- American Express decides who is eligible; an account must not be cancelled, suspended or restricted at fulfillment Account & Service Control
- Basic and Additional Cards are tracked separately and rewards go to the Basic Card Member's account Account & Service Control
Corporate Cards, prepaid and reloadable products, and Cards issued outside the United States are not eligible to participate in the Amex Offers Program, unless expressly designated by American Express.
- Corporate, prepaid, reloadable and non-U.S. Cards are not eligible unless American Express designates them Account & Service Control
Eligibility for specific Offers may vary by Card product, Card Member, or account history. American Express may, in its sole discretion, revoke or restrict eligibility, suspend or cancel participation, or remove Offers at any time for individual Card Members or generally, including in cases of suspected fraud, abuse, misuse, automated or unauthorized enrollment, or other activity American Express believes to be inconsistent with the intent of the Program. American Express may amend, restrict, or terminate eligibility or Program participation at any time for any reason without notice.
- American Express can restrict eligibility or remove Offers at any time, for any reason, without notice Account & Service Control
Each Amex Offer is available only to the eligible Card Member account to which it was targeted and may not be transferred or sold.
- An Offer is only for the account it was targeted to and cannot be transferred or sold Account & Service Control
Enrollment To redeem an Amex Offer, eligible Card Members must first enroll in the Offer through an American Express channel such as the American Express® App, the online account portal, or other methods designated by American Express. Card Members may not provide their login credentials to any third party for the purpose of enrolling in and/or redeeming any Offer(s), unless such use is expressly authorized by American Express.
- You must enroll through an American Express channel and may not give your login credentials to third parties Account & Service Control
A Card Member must first enroll in the Offer on the specific eligible Card intended for redemption, and that same Card must be used to complete the qualifying purchase. If the Offer is not added to the Card before the transaction, the Card Member will not be eligible to receive the Offer. Offers are not automatically applied to any Card Account and are non-transferable between Cards. An Offer may only be added to one eligible Card. If you have multiple Cards and see an Offer available for enrollment on more than one Card, you must enroll in the Offer on the eligible Card you wish to use for the Offer.
- Enroll the specific Card you will use; the same Card must make the purchase and offers are not applied automatically Account & Service Control
Qualifying Purchases A “Qualifying Purchase” is a purchase that meets all conditions set forth in these Terms and the applicable specific Offer Terms. The Qualifying Purchase must be completed no later than 11:59 PM Mountain Standard Time (MST) on the Offer’s expiration date. Only the purchase transaction(s) charged to the enrolled Card will count toward any minimum purchase requirement. If a purchase is split across multiple payment methods, only the amount billed to the enrolled, eligible Card account will count toward any minimum spend requirements. For purchases made in a foreign currency, the minimum spend requirement must be satisfied after conversion into U.S. dollars by American Express. Conversion fees and related charges do not count toward the required spend. Purchases that are refunded, returned, or cancelled, in whole or in part, will not count toward any minimum spend required for the Offer, and any reward or redemption issued in connection with an Offer may be reversed.
- A Qualifying Purchase must finish by 11:59 PM MST on the expiration date; only amounts billed to the enrolled Card count Charges & Financial Obligations
- Refunded, returned or cancelled purchases do not count, and rewards already given may be reversed Charges & Financial Obligations
The following transactions are excluded and do not count as Qualifying Purchases: interest charges, annual fees, conversion fees, and other Card fees; balance transfers or cash advances; purchases of traveler’s cheques; transactions involving gift cards, reloadable cards or any other transaction that American Express defines as a cash equivalent, as well as any other transaction that American Express determines does not meet the requirements of the Offer.
- Interest, fees, balance transfers, cash advances, gift cards and cash equivalents are not Qualifying Purchases Charges & Financial Obligations
American Express relies on information provided to us by the merchant to identify qualifying purchases. American Express must receive sufficient transaction information to identify a purchase as qualifying. Transactions that cannot be identified, such as those made through resellers, third-party payment processors, delivery services, or other intermediaries, may not be recognized as Qualifying Purchases. Only the portion of a transaction charged to the eligible Card account will qualify.
- Purchases that American Express cannot identify through merchant data may not count Charges & Financial Obligations
Offer Fulfillment Offers and rewards may be provided in the form of statement credits, Membership Rewards® points, airline miles or hotel points or other rewards, in accordance with these Terms and other specific Offer Terms.
- Offer rewards may be statement credits, Membership Rewards points, airline miles, hotel points or other rewards Charges & Financial Obligations
If you satisfy all applicable requirements of an Offer, statement credit(s), Membership Rewards® points, airline miles or hotel points (as applicable), will generally be applied to your eligible Card account within 30 days from the date of the Qualifying Purchase, provided that American Express receives sufficient information from the merchant to identify the transaction as eligible. In certain cases, it may take up to 90 days after the Offer end date for the statement credit(s), Membership Rewards® points, airline miles or hotel points (as applicable), to be applied.
- Rewards generally post within 30 days of the Qualifying Purchase, sometimes up to 90 days after the Offer ends Charges & Financial Obligations
American Express reserves the right, in its sole discretion, to withhold, delay, or reverse fulfillment of the Offer if it determines that: (i) the Offer conditions were not met; (ii) a Qualifying Purchase was cancelled, returned, or refunded in whole or in part, (iii) the Card account is not in good standing, or (iv) suspected fraudulent, abusive, or suspicious activity has occurred in connection with the Offer. American Express shall not be liable for any failure, error, or delay in fulfillment of the Offer that results from acts or omissions of merchants, payment processors, network providers, delivery services, or any other third parties, or from circumstances beyond the reasonable control of American Express, including but not limited to technological malfunctions, system outages, or force majeure events.
- American Express may withhold, delay or reverse a reward in four listed situations Charges & Financial Obligations
- No liability for fulfillment failures caused by merchants, other third parties or events beyond its control Legal Rights & Agreement Rules
Statement Credits
Statement credits earned in accordance with an Offer will be credited in U.S. dollars. Statement credits will reduce the eligible Card account balance but will not count toward the minimum payment due. Statement credits are not transferable, may not be redeemed for cash, and may not be applied to any other Card account. If you upgrade, downgrade, or otherwise change your Amex Card that is eligible for an Offer to a different Amex Card product that is not eligible for that Offer, you will no longer be eligible to earn the Offer reward on your new Card, despite any previous enrollment on the eligible Card. American Express may reverse any Offer-related rewards that are applied to your new Card. Statement credits may be reversed if any Offer-related transactions are cancelled, refunded, or otherwise deemed ineligible subsequent to a credit being issued.
- Statement credits are in U.S. dollars, do not count toward the minimum payment, and are not transferable or cash Charges & Financial Obligations
- Changing to a Card product not eligible for the Offer ends your eligibility; credits may be reversed Account & Service Control
Membership Rewards® Points
Additional Membership Rewards® points earned through an Amex Offer are awarded in addition to points normally earned on purchases and are subject to the Membership Rewards program terms. To receive Membership Rewards® points, your Card must be enrolled in the Membership Rewards® program and have an active loyalty account in good standing. Terms and Conditions for the Membership Rewards® program apply. Visit www.membershiprewards.com/terms for more information. Membership Rewards® points may be reversed if the transactions are cancelled, refunded, or otherwise deemed ineligible subsequent to rewards being issued, or pursuant to the Terms and Conditions of the Membership Rewards® program.
- Offer Membership Rewards points need an enrolled, active Membership Rewards account and follow that program's terms Charges & Financial Obligations
Other Points and Miles
Points or miles earned through an Amex Offer are awarded in addition to any other rewards or benefits earned on the Card and are subject to the terms and conditions of the specific Offer and the applicable loyalty program. These may include:
- Offer points and miles are extra and also follow the offer's terms and the loyalty program's terms Charges & Financial Obligations
- Hilton HonorsHilton Honors
Program: Subject to Hilton Honors Terms and Conditions at https://www.hilton.com/en/hilton-honors/terms/
- Offer points and miles are extra and also follow the offer's terms and the loyalty program's terms Charges & Financial Obligations
- Marriott Bonvoy Program: Subject to Marriott Bonvoy Loyalty Program Terms and Conditions at https://www.marriott.com/loyalty/terms/default.mi
- Offer points and miles are extra and also follow the offer's terms and the loyalty program's terms Charges & Financial Obligations
- Delta SkyMiles Program: All SkyMiles Program rules apply to SkyMiles membership, miles, offers, accrual, redemption, and travel benefits. See https://www.delta.com/us/en/skymiles/program-resources/program-rules
- Offer points and miles are extra and also follow the offer's terms and the loyalty program's terms Charges & Financial Obligations
Offer Availability Enrollment in Offers may be limited and not guaranteed. Offers are available for a limited duration, may be dynamic and differ by Card Member, Card account, or any other eligibility criteria determined by American Express. Offers are generally available until (i) the enrollment limit is reached; or (ii) 11:59 p.m. Mountain Standard Time (MST) on the stated expiration date, but may be removed from your eligible Offers for enrollment at any time for any reason. The Offers displayed on the Amex Offers page or within other channels may change at any time, and different Offers may appear at different times for different Card Members.
- Offers are limited, not guaranteed, may differ by person, and can be removed at any time for any reason Account & Service Control
American Express reserves the right, in its sole discretion, to modify, restrict, suspend, or revoke any Offer at any time and without prior notice or liability. American Express may also cancel any Offer in the event of suspected fraud, abuse, or technical error. Unless otherwise specified, American Express will honor rewards properly earned prior to the revocation of an Offer.
- American Express can modify, restrict, suspend or revoke any Offer without notice or liability Account & Service Control
- Rewards properly earned before an Offer is revoked will be honored, unless otherwise specified Charges & Financial Obligations
Participating merchants and available Offers are subject to change without notice.
- Offers are limited, not guaranteed, may differ by person, and can be removed at any time for any reason Account & Service Control
Merchants and Third-Party Products Purchases of products or services from merchants or third party providers in connection with the Amex Offers Program are subject to the merchant’s own terms, conditions, policies, and practices, including but not limited to return, exchange, warranty, shipping, delivery, and privacy policies. American Express is not a party to any transaction between you and a merchant or third party provider and is not an agent of any merchant or third party provider. American Express may from time to time invest in, or otherwise have an interest in, merchants featured on the Amex Offers platform. Any such investment, ownership, or financial relationship does not affect the applicability or enforceability of the terms set forth below.
- Merchant purchases follow the merchant's own terms; American Express is not a party to them or the merchant's agent Legal Rights & Agreement Rules
- American Express may invest in or have an interest in merchants featured on Amex Offers Legal Rights & Agreement Rules
American Express makes no representations or warranties, express or implied, regarding any merchant or third-party provider or its content, products, or services, including without limitation their quality, merchantability, fitness for a particular purpose, legality, safety, or compliance with applicable laws or regulations. Inclusion of any provider, product, service, or offer does not constitute a recommendation, endorsement, or validation by American Express or its affiliates. American Express and its affiliates are not acting as fiduciaries in connection with offers, products, or services made available through the Amex Offers platform.
- American Express makes no promises about merchants, does not endorse them, and says it is not a fiduciary Legal Rights & Agreement Rules
To the maximum extent permitted by law, any claims or disputes relating to a merchant or third-party provider’s content, products, or services, including but not limited to claims relating to defects, misrepresentations, or unsatisfactory experiences, are solely between you and the applicable merchant or third-party provider. American Express disclaims all liability arising from or related to any merchant or third-party provider content, products, services, acts, or omissions, and shall have no responsibility for any losses, damages, costs, or expenses incurred in connection with your dealings with any merchant or third-party provider.
- Disputes over a merchant's products or services are between you and the merchant; American Express disclaims liability Legal Rights & Agreement Rules
Some offers available through the Amex Offers platform relate to financial products, services, or employee benefit plans.
- For financial-product or benefit-plan offers you are solely responsible for your decisions; consult your own advisors Legal Rights & Agreement Rules
By participating in any offer, you acknowledge that you are solely responsible for evaluating and selecting products or services, complying with applicable obligations, and making any investment, tax, financial, or other business decisions. You should consult your own legal, tax, accounting, financial, and other professional advisors before entering into any transaction.
- For financial-product or benefit-plan offers you are solely responsible for your decisions; consult your own advisors Legal Rights & Agreement Rules
Some offers available through the Amex Offers platform relate to third-party wellness products and services. The wellness products or services described in any Offer through this platform are provided by third-party providers and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition, your health, or any wellness program before using these products or services. If you have or suspect you may have a medical emergency, contact your healthcare provider or call emergency services immediately.
- Wellness offers are from third parties and are not medical advice Legal Rights & Agreement Rules
American Express does not endorse or promote the purchase, sale, or use of any products that may not be in compliance with American Express acceptance policies or applicable law.
- American Express does not endorse products that do not comply with its acceptance policies or the law Legal Rights & Agreement Rules
B. Privacy and Security
The collection, use, and disclosure of your personal information in connection with the Amex Offers Program are governed by the American Express Privacy Statement, available at American Express Privacy Center, as updated from time to time. By participating in the Program, you acknowledge and agree that American Express may collect, use, share, and otherwise process your personal information in accordance with that Privacy Statement.
- The American Express Privacy Statement governs your personal information, and taking part means you agree to it Use & Processing
American Express may use personally identifiable information, including but not limited to your name, email address, country, and eligible Card account number, to verify your eligibility for the Program, to provide and service Offers, and to present Offers that may be relevant to you. Location information that you provide through the Program may also be used for the purpose of tailoring and presenting relevant Offers.
- American Express uses your name, email, country and Card number to verify eligibility and provide Offers Data Access & Collection
- Location information you provide through the program may be used to tailor the Offers shown Data Access & Collection
American Express assigns a unique identifier (which does not contain your Card account number) that is used to identify you as a Card Member with an enrolled Card. This identifier enables the presentation of Offers, enrollment in Offers, and fulfillment and servicing of Offers, including tracking which Offers you have added to your Card.
- A unique identifier, not containing your Card number, links you to your enrolled Card for Offers Linking & Identification
By adding an Offer to your Card, you consent to receive communications from American Express relating to that Offer, including confirmations, reminders, and updates.
- Adding an Offer to your Card means you consent to confirmations, reminders and updates about that Offer Use & Processing
C. Fraud, Misuse (including Gaming), and Prohibited Conduct
You agree to immediately notify American Express if you become aware of or suspect any misuse, fraud, or other unauthorized activity in connection with your Card and/or participation in the Amex Offers Program. If American Express suspects misuse, fraud, or other unauthorized activity, you agree to cooperate with American Express and comply with any fraud prevention, security, verification, or other measures that American Express may reasonably require. Failure to cooperate with or comply with such measures may result in suspension or termination of your participation in the Amex Offers Program and any other action permitted under these Program Terms, applicable rewards programs (including but not limited to the Membership Rewards program), your Card Member Agreement or other terms and conditions applicable to American Express products or services, or applicable law.
- You must immediately report suspected misuse or fraud and cooperate with security and verification measures Security & Safeguards
For purposes of these Program Terms, "misuse" includes gaming (whether actual or attempted), abuse, and any activity that in the view of American Express, seeks to circumvent or is inconsistent with the intended operation, eligibility requirements, limitations, or purposes of the Amex Offers Program.
- American Express can restrict eligibility or remove Offers at any time, for any reason, without notice Account & Service Control
- "Misuse" includes gaming and anything American Express sees as inconsistent with the program; the list is open-ended Legal Rights & Agreement Rules
Prohibited conduct includes, without limitation, the following:
- "Misuse" includes gaming and anything American Express sees as inconsistent with the program; the list is open-ended Legal Rights & Agreement Rules
- using automated tools, software, scripts, bots, algorithms or other means not authorized by American Express to access, enroll in, redeem, or otherwise interact with Offers;
- attempting to artificially establish purchase or transaction activity (e.g., purchases and returns, etc.) or manipulate purchases or transactions to qualify for or obtain Offers, statement credits, or rewards;
- Creating artificial purchase activity, such as purchases and returns, to obtain Offers or rewards is prohibited Charges & Financial Obligations
- circumventing Offer eligibility criteria, enrollment limits, redemption requirements, account restrictions, targeting parameters, or other Program controls, including through the use of multiple Card accounts (including virtual Cards), bank accounts, or other accounts, or coordinated activity among multiple participants;
- using, sharing, transferring, selling, purchasing, or otherwise facilitating access to an Offer in a manner not expressly permitted by American Express, including where an Offer is intended solely for the eligible business, Card Member, account, or other recipient to which it was provided or targeted; or
- interfering with, disrupting, or compromising the integrity, security, or proper functioning of the Program, including through caching, screen scraping, deep linking, link farming, unauthorized linking, or framing of Program content.
- You are expressly prohibited from caching, screen scraping, deep linking, link farming, unauthorized hypertext linking to pages or sites that form part of the Amex Offers Program, or framing any content available through the Amex Offers Program. American Express reserves the right to disable any unauthorized links or frames and disclaims responsibility for content available on any third-party sites linked to or from the Amex Offers Program. Access to any such third-party sites is at your own risk.
American Express may, in its sole discretion, suspend, restrict, deny, or terminate participation in the Amex Offers Program; suspend or cancel any Offer; void any enrollment, access, or redemption; and withhold, reverse, or cancel any Offer, statement credit, or reward if American Express determines that misuse, fraud, other prohibited conduct, security incidents or other circumstances inconsistent with the proper operation of the Program have occurred. Consistent with this paragraph, American Express also reserves its right to cancel any of your Card accounts or other relationships with American Express, and your participation in the Membership Rewards program, resulting in complete forfeiture of any Membership Rewards points without recourse, whether or not such points were earned as part of the Offers Program.
- On a finding of misuse or fraud American Express may end participation and void or reverse Offers, credits and rewards Account & Service Control
- American Express may also cancel your Card accounts and you could forfeit all Membership Rewards points without recourse Account & Service Control
Any Offer, statement credit, or reward obtained through suspected misuse, fraud, or other prohibited conduct may be void and may not be honored.
- On a finding of misuse or fraud American Express may end participation and void or reverse Offers, credits and rewards Account & Service Control
American Express may also pursue any other rights or remedies available under these Program Terms, any applicable Card Member agreement or other terms or conditions for American Express products or services (including the Membership Rewards program), or applicable law. These rights are cumulative and are in addition to, and not in lieu of, any other rights or remedies available to American Express under these Program Terms, any applicable Card Member agreement, or applicable law.
- American Express's rights and remedies are cumulative and in addition to others available to it Legal Rights & Agreement Rules
D. Limitations of Liability/Disclaimer of Warranties
American Express reserves the right, at its sole discretion and at any time, to suspend, cancel or terminate your eligibility to participate in the Amex Offers Program, any Offer, registration/enrollment in any Offer, and fulfillment of any Offer, including, without limitation, if American Express determines or otherwise suspects that you have engaged in improper, unlawful or other activity in violation of applicable law or otherwise not in conformance with these Offers Program Terms or the Offer Terms.
- American Express can suspend, cancel or end your eligibility, enrollment or fulfillment at any time, even on suspicion Account & Service Control
American Express, its licensed issuers, agencies, participating merchants, third-party service providers, internet service providers, and their respective employees, officers, directors and agents (collectively with American Express, “Released Parties”) are not responsible for: (1) any aspect of any Offer, including, without limitation, incorrect or inaccurate information associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, or failures of any kind resulting in suspension of any registration/enrollment page, the Amex Offers Program, any Offer or otherwise, including, without limitation, equipment or system malfunctions, performance degradations, service interruptions, or disconnections or disruptions in phone lines, wireless service provider networks, network hardware or software or internet connectivity; (3) unauthorized human intervention in any part of any Offer, or the Amex Offers Program; or (4) computer, mechanical, printing, typographical, technical or non-technical, or human or other errors or omissions or computer viruses or damage which may occur in connection with the administration of any Offer, any registration/enrollment page or the Amex Offers Program or the processing of your registration/enrollment in or fulfillment of any Offer. If any of the foregoing occurs, your sole remedy shall be to discontinue your participation in the Amex Offers Program.
- "Released Parties" are not responsible for offer errors, outages, unauthorized intervention or processing mistakes Legal Rights & Agreement Rules
- If those problems occur, your sole remedy is to stop participating in the program Legal Rights & Agreement Rules
The Amex Offers Program, the registration/enrollment pages and the Offers are provided on an “As Is” and an “As Available” basis. American Express specifically disclaims any warranties regarding any goods or services advertised in conjunction with any Offer, and disclaims any implied warranties, including any warranties of merchantability or fitness for a particular purpose. You hereby release the Released Parties from all claims relating to your participation in any Offer or the Amex Offers Program, access to and registration on any registration/enrollment page, and use of any Offer. This paragraph D shall survive termination of these Offers Program Terms and the Offer Terms.
- The program, enrollment pages and Offers are provided "as is" and "as available" with implied warranties disclaimed Legal Rights & Agreement Rules
- You release the Released Parties from all claims about your participation, and Section D survives termination Legal Rights & Agreement Rules
E. No Amendment of Existing Terms and Conditions
If your eligible Card is issued by American Express, these Offers Program Terms and the applicable Offer Terms do not amend, alter, or replace any other notices, disclosures, or information that you receive in connection with your eligible Card account, including but not limited to information provided on your periodic statement or the terms of your Card Member Agreement. In the event of any inconsistency or conflict between these Offers Program Terms and your Card Member Agreement, the terms and conditions of your Card Member Agreement governing your eligible Card account shall control and prevail.
- These terms sit alongside the Card Member Agreement, which controls in a conflict for American Express-issued Cards Legal Rights & Agreement Rules
- For American Express-issued Cards, the Card Member Agreement prevails in a conflict with these terms Legal Rights & Agreement Rules
If your eligible Card is issued by a third-party financial institution, these Offers Program Terms govern solely with respect to the Amex Offers Program. In the event of any inconsistency or conflict between these Offers Program Terms and the agreement governing your Card account with the third-party financial institution, these Offers Program Terms shall control and prevail, but only with respect to your participation in the Amex Offers Program.
- For Cards from a third-party financial institution, these terms control, but only for your participation in Amex Offers Legal Rights & Agreement Rules
F. Governing Law
If your eligible Card is issued by American Express, these Offers Program Terms and any and all claims arising out of or in connection with these Offers Program Terms shall be governed by and interpreted under the Governing Law section of Card Member Agreement, which you can access here: https://www.americanexpress.com/en-us/company/legal/cardmember-agreements/.
- For American Express-issued Cards, the Governing Law section of the Card Member Agreement applies Legal Rights & Agreement Rules
If your eligible Card is issued by a third-party financial institution, these Offers Program Terms and any and all claims arising out of or in connection with the terms and conditions of these Offers Program Terms shall be governed by and interpreted under the laws of the State of New York, without regard to its conflicts of laws provisions.
- For Cards from a third-party financial institution, New York law applies without regard to conflict-of-laws rules Legal Rights & Agreement Rules
G. Dispute Resolution
For this section, a “claim” means any current or future claim, dispute or controversy relating to any Offer, the Amex Offers Program, or these Offers Program Terms. “We” and “us” means American Express and any corporate parents, subsidiaries, affiliates or related persons or entities. If your eligible Card is issued by American Express, any and all claims shall be governed by the Dispute Resolution and/or Arbitration section of your Card Member Agreement, which you can access here: https://www.americanexpress.com/en-us/company/legal/cardmember-agreements/.
- In Section G, "claim" is broad and "we" and "us" include American Express's parents and affiliates Legal Rights & Agreement Rules
- For American Express-issued Cards, claims follow the Card Member Agreement's dispute and arbitration section Legal Rights & Agreement Rules
If your eligible Card is issued by a third-party financial institution, any and all claims related to the Amex Offers Program shall be governed by the Arbitration subsection set forth below. This paragraph G [SF4.1][LF4.2]shall survive termination of these Offers Program Terms. If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection below, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.
- For Cards from a third-party financial institution, claims are governed by the Arbitration subsection below Legal Rights & Agreement Rules
- Section G survives termination; an invalid part does not void the rest, except under the Limitations on Arbitration Legal Rights & Agreement Rules
- You or American Express may elect individual arbitration; if either does, there is no court or jury for that claim Legal Rights & Agreement Rules
American Express's failure to enforce any provision of these Program Terms, in whole or in part, or its decision not to take action with respect to any actual or suspected violation, will not be deemed a waiver of its rights and will not prevent American Express from enforcing these Program Terms or taking action with respect to the same or similar conduct at any time.
- If American Express does not enforce a term or act on a violation, it does not give up its rights Legal Rights & Agreement Rules
Sending a Claim Notice Before beginning a lawsuit 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. Go to americanexpress.com/claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to us must include your name and address 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.
- Before a lawsuit or arbitration, both sides send a written claim notice describing the claim and the relief demanded Legal Rights & Agreement Rules
Arbitration You or we may elect to resolve any claim by individual arbitration. Claims are decided by a single neutral arbitrator. If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. 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 matter except one intended 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. Other rights you or we would have in court may also not be available in arbitration.
- You or American Express may elect individual arbitration; if either does, there is no court or jury for that claim Legal Rights & Agreement Rules
- Arbitration is individual only: no class or representative claims, and no joinder without written agreement Legal Rights & Agreement Rules
- An arbitrator's decision is final and binding, with very limited court review, except for the appeal described below Legal Rights & Agreement Rules
Before beginning arbitration, you or we must first send a claim notice. The party electing arbitration may select either JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org). Claims will be resolved pursuant to this Arbitration provision and the rules of the selected organization in effect when the claim is filed, except where those rules conflict with these Offers Program Terms. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. 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. §§ 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
- Before a lawsuit or arbitration, both sides send a written claim notice describing the claim and the relief demanded Legal Rights & Agreement Rules
- Arbitration runs under JAMS or AAA rules, or another organization or an arbitrator appointed under the FAA Legal Rights & Agreement Rules
- American Express will not elect arbitration for an individual claim you file in small claims court Legal Rights & Agreement Rules
- Arbitration may be elected until a court trial begins or judgment is entered, and delay does not waive the right Legal Rights & Agreement Rules
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 claim 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.
- Arbitration is individual only: no class or representative claims, and no joinder without written agreement Legal Rights & Agreement Rules
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.
- If any part of the Limitations on Arbitration is invalid, the entire Arbitration provision does not apply Legal Rights & Agreement Rules
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 you and 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. 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 and will be final without any further right to appeal. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.
- The FAA governs; the arbitrator applies substantive law but not court evidence or discovery rules Legal Rights & Agreement Rules
- The arbitration is confidential, with an exception for notifying government authorities Legal Rights & Agreement Rules
- For claims of $10,000 or less you choose a documents, phone or in-person hearing; hearings are in your federal district Legal Rights & Agreement Rules
- An award is final and binding but either side may appeal within 35 days to a three-arbitrator panel Legal Rights & Agreement Rules
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. If the arbitrator rules in your favor for an amount greater than any 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.
- You pay your share of arbitration fees only up to what a court filing would have cost; American Express pays the rest Charges & Financial Obligations
- If the award beats American Express's pre-hearing offer, it includes at least $5,000 plus attorneys' fees and costs Charges & Financial Obligations
H. Changes to Offers/These Program Terms
American Express reserves the right to change or modify these Offers Program Terms from time to time by posting such modified version on this website. Upon modification, American Express will update the date indicated after “Last Modified” at the beginning of these Offers Program Terms. If you do not agree with the current or a modified version of these Offers Program Terms, you must not participate in the Amex Offers Program. Your participation in the Amex Offers Program following these changes means you accept the revised Offers Program Terms.
- American Express may change these terms by posting a new version; continuing to participate means you accept the change Legal Rights & Agreement Rules
If you have any questions regarding the Amex Offers Program, please contact customer service by logging in to your American Express account and using “Live Chat" or by calling the number on the back of your Card.