Amex EveryDay® Preferred Credit Card Agreement

Legal Rights & Agreement Rules · Context

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

This is Part 1 of the three-part Card Member Agreement for the Amex EveryDay Preferred Card. It states that it is current "As of" 06/30/2026 and that the issuer is American Express National Bank. Part 1 holds the rates and fees table and how rates and fees work; Parts 2 and 3 hold the other terms.

Supporting quotations

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

Qualifications & exceptions

• The date is the "As of" date printed on Part 1; the document does not state a separate effective date for each term.

Charges & Financial Obligations · Company practice

Purchase and balance transfer APRs are variable: Prime Rate plus 12.74% to 21.74%

The APR for purchases is the Prime Rate plus a margin between 12.74% and 21.74%. The APR for balance transfers uses the same range, and applies to "any balance transfer requests we may accept", so balance transfers are not guaranteed. Both are variable, meaning they move with the Prime Rate (see the Explanation of Variable Rates).

Supporting quotations

Prime Rate + 12.74% to Prime Rate + 21.74% This is a variable APR. See Explanation of Variable Rates below.

Prime Rate + 12.74% to Prime Rate + 21.74% for any balance transfer requests we may accept.

Qualifications & exceptions

• The rates are stated as a range; the table does not say which margin within the range applies to a given account or what it depends on.
• Balance transfers are only available if the issuer accepts the request.

Not stated here

• The Prime Rate value and the resulting numeric APR are not given in this agreement.
• The factors that decide where in the 12.74% to 21.74% range an account falls are not stated.

Cross-references

• qualified by (model-proposed): Variable APRs rise with the Prime Rate, take effect at the start of the billing period, and will not exceed 29.99% — The variable-rate explanation says how the Prime Rate margin APRs move and caps variable APRs at 29.99%.
• defined by (model-proposed): The Prime Rate is the highest U.S. Prime Rate in The Wall Street Journal on the Closing Date — Prime Rate, the base for the APR margins in the table, is defined as the highest U.S. Prime Rate in The Wall Street Journal on the Closing Date.

Charges & Financial Obligations · Company practice

Cash advance APR is variable: Prime Rate plus 21.99%

Cash advances carry a variable APR of the Prime Rate plus 21.99%, a higher margin than purchases. What counts as a cash advance is defined in Part 2 and is broad: it includes cash equivalents such as 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% This is a variable APR. See Explanation of Variable Rates below.

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 higher cash advance APR applies to charges that fit the Part 2 definition of a cash advance, not only to ATM withdrawals.

Not stated here

• The numeric APR is not given because the Prime Rate value is not stated.

Cross-references

• defined by (model-proposed): Definitions of charge, purchase, cash advance, balance transfer, person-to-person transaction, plan and pay by — The Part 2 definition of cash advance sets which charges carry the cash advance APR.

Charges & Financial Obligations · Company practice

A Penalty APR of Prime Rate plus 26.74% may be applied to new Transactions for missed or returned payments

American Express reserves the right to apply a variable Penalty APR (Prime Rate plus 26.74%) to new Transactions if you do not pay at least the Minimum Payment Due by the Payment Due Date, or if your payment is returned by your bank (in which case it says it will notify you). If applied, it lasts at least 6 months. The account is reviewed every 6 months after that, and the Penalty APR continues until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

Prime Rate + 26.74% This is a variable APR.

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

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

Qualifications & exceptions

• Phrased as a right ("We have the right to apply"), so application is at American Express's choice, not automatic.
• Applies to new Transactions, not stated to reach existing balances.
• The 29.99% cap in the Explanation of Variable Rates applies to variable APRs generally; this table does not say how that cap interacts with this margin.

Not stated here

• The numeric Penalty APR is not given because the Prime Rate value is not stated.

Charges & Financial Obligations · Company practice

No purchase interest if the full balance is paid by the due date; cash advances and transfers accrue from day one

The table says the Due Date is at least 25 days after each billing period closes. Interest is not charged on purchases if you pay your entire balance (or, with a plan outstanding, your balance adjusted for plans) by the due date. Interest on cash advances and balance transfers begins on the transaction date, so they have no interest-free period. The full conditions for the interest-free period are in the "When We Charge Interest (Grace Period)" section.

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.

We will begin charging interest on cash advances and balance transfers on the transaction 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

• The purchase grace period depends on paying the entire balance each month.
• This is a summary; the detailed rules sit in the grace period section.

Charges & Financial Obligations · Company practice

Plan It carries a monthly Plan Fee of up to 1.33%, a fixed finance charge

If you put purchases or an amount into a payment plan, a Plan Fee applies each month the plan is active, up to 1.33% of each purchase or amount placed in the plan. It depends on plan duration, the APR that would otherwise apply, and other factors. It is a fixed finance charge. The dollar amount is disclosed before you set up a plan, and purchases in a plan are subject to the plan fee instead of the APR for purchases.

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 1.33% is a maximum ("up to"); the actual fee varies by plan duration, the otherwise-applicable APR and other factors.
• Plans are offered at American Express's discretion (see About Plan It in Part 2).

Not stated here

• The factors beyond duration and APR that set the fee are not listed.

Legal Rights & Agreement Rules · Context

The table points to CFPB credit card tips

The table includes a pointer to the Consumer Financial Protection Bureau website, which it says offers information about factors to consider when applying for or using a credit card. It is informational and the linked page is not part of the supplied text.

Supporting quotations

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

Not stated here

• The content of the linked CFPB page is not supplied and is not analyzed.

Charges & Financial Obligations · Company practice

The annual fee is $95; no annual fee for additional cards; refundable on closure within 30 days

The annual fee for this card is $95. The annual fee for additional cards is none. Part 3 allows a refund of the annual fee if you voluntarily close the account within 30 days after the Closing Date of the statement on which the fee appears. After 30 days it is non-refundable, and the policy does not apply if your billing address is in Massachusetts at the time you close the account.

Supporting quotations

Annual Fee | $95

Annual Fee for Additional Cards: None.

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

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 requires voluntary closure and notice within 30 days after the Closing Date of the statement showing the fee.
• The refund policy does not apply to accounts with a Massachusetts billing address at closing.

Charges & Financial Obligations · Company practice

Fees are added to the purchase balance unless American Express says otherwise

Fees are generally added to your purchase balance, unless American Express tells you otherwise. Balance transfer and cash advance fees are stated to go elsewhere (see their own card), so this default does not cover them.

Supporting quotations

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

Qualifications & exceptions

• The balance transfer and cash advance fees are placed on their own balances according to the Fees section.

Not stated here

• The text does not say how "tell you otherwise" is done or which fees it has been used for.

Charges & Financial Obligations · Company practice

Balance transfer fee is 3% (minimum $5); cash advance fee is 5% (minimum $10)

The table lists transaction fees of either $5 or 3% of each balance transfer, whichever is greater, and either $10 or 5% of each cash advance, whichever is greater. The Fees section confirms this: the cash advance percentage is figured on the transaction including any ATM operator fees. The balance transfer fee is a finance charge added to the balance transfer balance, and the cash advance fee is added to the Cash Advance balance. A different balance transfer fee may apply if a promotional offer or the transaction says so.

Supporting quotations

Either $5 or 3% of the amount of each transfer, whichever is greater. Either $10 or 5% of the amount of each cash advance, whichever is greater.

Balance Transfer: 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer.

Cash Advance: 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

• In the table the three fee amounts appear in one cell in the same order as the three labels (Balance Transfer, Cash Advance, Foreign Transaction); the Fees section restates the same amounts by name.
• A different balance transfer fee may apply under a promotional offer or at the time of the transaction.

Not stated here

• The terms of any promotional offer that sets a different balance transfer fee are not supplied.

Charges & Financial Obligations · Company practice

Foreign transaction fee is 2.7% of the converted U.S. dollar amount

A foreign transaction fee of 2.7% applies to each transaction after it is converted to U.S. dollars. The Fees section points to Part 2 (the section on converting charges made in a foreign currency) for how conversion works.

Supporting quotations

2.7% of each transaction after conversion to US dollars.

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

Charges & Financial Obligations · Company practice

Late payment fee is up to $40: $29 first, $40 on a repeat within 6 billing periods, capped by prior Minimum Payment

The late payment fee is "up to $40". If American Express does 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. The late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Supporting quotations

Up to $40. Up to $40. None

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

Qualifications & exceptions

• The table row lists Late Payment, Returned Payment and Overlimit in that order with values "Up to $40. Up to $40. None", so the first "Up to $40" is the late payment fee.
• The $40 tier applies only to a repeat within the next 6 billing periods.

Charges & Financial Obligations · Company practice

Returned payment fee is up to $40: $29 first, $40 on repeat, capped by the prior Minimum Payment Due

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

Supporting quotations

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

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

Qualifications & exceptions

• The $40 tier applies to a repeat in the same billing period or the next 6 billing periods.

Charges & Financial Obligations · Company commitment

There is no overlimit fee

The table lists the overlimit penalty fee as "None".

Supporting quotations

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

Qualifications & exceptions

• The Minimum Payment Due calculation can still add part of any overlimit amount (see the Minimum Payment Due card).

Cross-references

• contrast (model-proposed): Minimum Payment Due: highest of three amounts, plus penalty fees, plan payments and past-due amounts — The table lists no overlimit fee, yet the Minimum Payment Due calculation adds up to 1/24th of any overlimit amount. These are different things (a fee versus an amount past the limit), pulling in different directions for what a Card Member owes.

Charges & Financial Obligations · Procedure

Interest uses the average daily balance method including new purchases

Part 1 summarizes the interest method: American Express uses the average daily balance method, including new purchases, and points to the "How we calculate interest" section in Part 2 for details.

Supporting quotations

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

Charges & Financial Obligations · Company practice

Variable APRs rise with the Prime Rate, take effect at the start of the billing period, and will not exceed 29.99%

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase, so you may pay more interest and may have a higher Minimum Payment Due. Prime Rate changes take effect as of the first day of the billing period during which the Prime Rate changed. Variable APRs will not exceed 29.99%. The text mentions corresponding DPRs but this section does not list them.

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 rate change takes effect from the first day of the billing period in which the Prime Rate changed.

Not stated here

• No DPR values appear in this agreement; the DPR reference in Part 2 points to this section, which has none.

Cross-references

• qualifies (model-proposed): Purchase and balance transfer APRs are variable: Prime Rate plus 12.74% to 21.74% — The variable-rate explanation says how the Prime Rate margin APRs move and caps variable APRs at 29.99%.
• referred to by (model-proposed): A DPR is 1/365th of an APR, but the agreement shows no Daily Periodic Rate values — Both mention corresponding DPRs; neither section lists DPR values.

Charges & Financial Obligations · Company practice

The 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 it that day, the previous day it was published is used. If the Journal stops publishing the Prime Rate or is no longer published, American Express may use the Prime Rate published in another newspaper of general circulation.

Supporting quotations

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

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

Qualifications & exceptions

• The replacement newspaper is at American Express's discretion ("may use").

Cross-references

• defines (model-proposed): Purchase and balance transfer APRs are variable: Prime Rate plus 12.74% to 21.74% — Prime Rate, the base for the APR margins in the table, is defined as the highest U.S. Prime Rate in The Wall Street Journal on the Closing Date.

Charges & Financial Obligations · Company practice

A $38 Returned Check fee applies if a check cashed with the card at an approved location is returned unpaid

If you use your card to cash a check at one of American Express's approved locations and the check is returned unpaid, a $38 Returned Check fee applies, and American Express will also charge you the unpaid amount of the check. This is separate from the returned payment fee, which applies to payments you make on the account.

Supporting quotations

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

Qualifications & exceptions

• Applies only to checks cashed with the card at approved locations, not to payments by check to the account.

Not stated here

• Which locations are "approved locations" is not stated.

Charges & Financial Obligations · Company practice

American Express assigns a Credit Limit and Cash Advance Limit and may raise or lower them at any 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 ATM withdrawals in a given period. The limits are said to be shown on page 1 of Part 1 and on each billing statement. American Express may increase or reduce either limit even if you pay on time and the account is not in default. You agree to manage the account so the balance (including fees and interest) stays within the Credit Limit, the cash advance balance within the Cash Advance Limit, and total plan balances (including plan fees) within 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. You agree to manage your Account so that:

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

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

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 limits are described as account-specific; the stated way to learn them is page 1 of Part 1 and each billing statement.

Not stated here

• This public agreement text shows no Credit Limit, Cash Advance Limit or ATM withdrawal limit amounts; the text says they are shown on page 1 of Part 1 and on each statement.

Charges & Financial Obligations · Company practice

American Express may approve charges over the Credit Limit without an overlimit fee, and may ask you to repay the excess

American Express may approve charges that take the balance over the Credit Limit. If it does, it says it will not charge an overlimit fee. If it asks you to promptly pay the amount above the limit, you agree to do so. Approval is not guaranteed: American Express may also decline a charge that would not exceed the limit, for example on suspected fraud or its assessment of your creditworthiness. A separate rule makes part of any overlimit amount payable through the Minimum Payment Due.

Supporting quotations

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

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.

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.

Qualifications & exceptions

• Approval of over-limit charges is discretionary ("may approve").
• No overlimit fee, but an overlimit amount can still increase the Minimum Payment Due.

Charges & Financial Obligations · Restriction or exception

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

Person-to-person transactions (funds sent to another person, or funds added to your Amex Send account) may not exceed $2,000 in any 30-day period, and you agree to manage the account to stay within that limit. American Express may not approve a person-to-person transaction that would put the account over that limit or over the Credit Limit.

Supporting quotations

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

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

Qualifications & exceptions

• The $2,000 limit is per 30-day period, not per transaction.

Charges & Financial Obligations · Company practice

A $25 fee applies if a cancelled account is re-opened at your request

If the account is cancelled, you ask American Express to re-open it, and it does so, a $25 account re-opening fee applies.

Supporting quotations

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

Qualifications & exceptions

• The fee applies only if American Express agrees to re-open the account.

Charges & Financial Obligations · Company practice

Minimum Payment Due: highest of three amounts, plus penalty fees, plan payments and past-due amounts

For each statement, American Express 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. It then adds any penalty fees 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 you may pay more than the minimum, 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 excluded items in options (1) and (2) differ: only option (1) also excludes interest from the 1% base.
• The cap at the New Balance applies to the final Minimum Payment Due.

Cross-references

• contrast (model-proposed): There is no overlimit fee — The table lists no overlimit fee, yet the Minimum Payment Due calculation adds up to 1/24th of any overlimit amount. These are different things (a fee versus an amount past the limit), pulling in different directions for what a Card Member owes.

Charges & Financial Obligations · Context

Worked example: with a $2,900 New Balance and $29.57 interest the starting amount is $58.27

The agreement shows an example where the New Balance is $2,900, interest is $29.57, and there are no active plans, overlimit amount, penalty fees or past-due amounts. The three options come to $58.27, $58 and $40, and the highest, $58.27, applies. It adds that with active plans, an overlimit amount, penalty fees or past-due amounts, 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 example is illustrative and uses assumed figures, not a rate or balance that applies to a specific account.

Charges & Financial Obligations · User right or choice

No purchase interest in an Interest Free Period, which starts when the New Balance is paid by the Payment Due Date

You are not charged interest on purchases while in an Interest Free Period. Your account enters one when you pay your New Balance as shown on the statement by the Payment Due Date, or when the account had no previous balance. With an active Plan It plan, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date. "Pay by a date" means your payment is received and credited to the account by that date. After re-entering an Interest Free Period, interest may still appear on your next statement, reflecting interest charged from the start of that billing cycle through the date the payment was received.

Supporting quotations

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

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

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

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.

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

• The interest-free treatment is for purchases only; balance transfers and cash advances have none.
• A payment counts only if received and credited by the due date.

Cross-references

• has exception (model-proposed): Balance transfers and cash advances accrue interest from the transaction date with no Interest Free Period — Balance transfers and cash advances are carved out of the Interest Free Period that otherwise applies to purchases.

Charges & Financial Obligations · Company practice

Outside an Interest Free Period, interest on purchases runs from the transaction date

When the account is not in an Interest Free Period, interest on purchases is charged from the date of the transaction. The agreement points to the "How we calculate interest" section for how interest charges are worked out.

Supporting quotations

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

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

Charges & Financial Obligations · Company practice

Balance transfers and cash advances accrue interest from the transaction date with 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, even if you pay your balance in full.

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.

Cross-references

• exception to (model-proposed): No purchase interest in an Interest Free Period, which starts when the New Balance is paid by the Payment Due Date — Balance transfers and cash advances are carved out of the Interest Free Period that otherwise applies to purchases.

Legal Rights & Agreement Rules · User right or choice

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

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

Supporting quotations

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

Not stated here

• Any supplements or amendments are not part of the supplied text.

Legal Rights & Agreement Rules · Context

Using the Account, or signing or keeping the Card, means you agree; you can cancel unused cards without fees

The agreement is made up of Part 1, Part 2 and Part 3 plus any supplements or amendments. You agree to its terms when you use the Account (or sign or keep the Card). If you have not yet used the Account or made a payment after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• The no-fee cancellation applies only before you use the Account or make a payment after receiving a billing statement.

Legal Rights & Agreement Rules · Restriction or exception

American Express may change the Agreement, subject to applicable law; oral agreements cannot modify it

American Express may change the Agreement, subject to applicable law. The written Agreement is a final expression of the agreement governing the Account and cannot be modified or amended by any alleged oral agreement. This section does not describe notice periods or opt-out rights for changes.

Supporting quotations

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

Qualifications & exceptions

• The right to change is limited only by "applicable law" in this passage.

Not stated here

• The agreement text supplied here does not say how or when you are notified of changes or whether you may reject them.

Legal Rights & Agreement Rules · Context

Definitions of we, you, the Primary Card Member, Card and Additional Card Member

"We", "us" and "our" mean the issuer shown on page 1 of Part 1. "You" means the person who applied for the Account and for whom it was opened, referred to as 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 issued to access the Account.

Supporting quotations

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

Charges & Financial Obligations · Context

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

A charge is any amount added to the Account, including purchases, cash advances, balance transfers, fees and interest. 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 funds sent to another person or funds added to your Amex Send account. A plan is a portion of the balance paid over a set number of monthly payments through Plan It. "To pay by a certain date" means your payment is received and credited by that date. The Closing Date is the last day of the billing period on each statement.

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.

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

• Person-to-person transactions are classed as purchases, so purchase rules apply to them as well as the separate person-to-person limit.

Cross-references

• defines (model-proposed): Cash advance APR is variable: Prime Rate plus 21.99% — The Part 2 definition of cash advance sets which charges carry the cash advance APR.

Account & Service Control · Restriction or exception

Card use is for personal, family or household purposes; plans, cash advances and transfers are discretionary

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

Supporting quotations

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

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

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

Qualifications & exceptions

• The use restriction is to personal, family or household purposes only; the text does not define business use or state a consequence.

Sharing & Disclosure · User right or choice

American Express may tell merchants that store your Card number about updates or cancellation; you can ask it not to

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

Supporting quotations

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

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

Qualifications & exceptions

• Sharing is discretionary; American Express is not required to tell merchants.
• This covers merchants and third parties you arranged to store your Card details.

Not stated here

• Which merchants or third parties receive updates is not stated.

Security & Safeguards · Restriction or exception

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

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

Supporting quotations

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

Not stated here

• The text here does not state liability for unauthorized use.

Account & Service Control · Company practice

American Express may decline a charge, e.g. for suspected fraud or creditworthiness, and is not responsible for losses

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

• "For various reasons" is not limited to the two examples given.

Charges & Financial Obligations · Company practice

Plan It lets you pay qualifying purchases over time for a plan fee; it is offered at American Express's discretion

American Express may offer Plan It, which lets you create a payment plan for qualifying purchases or a qualifying amount, subject to a monthly plan fee that is a fixed finance charge. You pick qualifying purchases or a qualifying amount and a plan duration, can see monthly plan payments including the fee, and each fee is disclosed before you create the plan. Purchases in a plan go into a plan balance and carry the plan fee instead of the purchase APR. A qualifying purchase is at least a specified dollar amount, and a qualifying amount is a specified portion of your balance. Cash and cash equivalents, balance transfers, purchases subject to foreign transaction fees and fees owed to American Express (such as annual fees) do not qualify. Whether you can create a plan depends on factors such as creditworthiness and Credit Limit.

Supporting quotations

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

Each plan fee will be disclosed before you create the applicable plan and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors.

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.

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

Qualifications & exceptions

• The offer of Plan It is discretionary ("may offer").

Not stated here

• The minimum dollar amount for a qualifying purchase and the qualifying portion of the balance are described only as "specified" and are not stated.

Charges & Financial Obligations · Restriction or exception

Plan It eligibility, active plan limits and durations are at American Express's discretion and can change

Whether you can create plans depends on factors such as creditworthiness and Credit Limit. You cannot create plans if the Account is cancelled, or if one or more of your American Express accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. American Express tells you how many active plans you may have and may change that number at any time. Plan durations offered to you, and whether you can include several qualifying purchases or amounts in one plan, are at its discretion and depend on factors such as creditworthiness, purchase amounts and account history. You agree to keep total plan balances (including plan fees) within 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.

At our discretion, we may permit you to create plans, make cash advances or balance transfers.

Qualifications & exceptions

• The restriction on creating plans applies if any of your American Express accounts is in a payment program, has a returned payment or is past due, not only this Account.

Not stated here

• The number of active plans allowed and the plan durations offered are not stated here.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled once created, but can be paid off early by paying the New Balance in full

A plan cannot be cancelled after it is created. You can choose to pay it early by paying the New Balance shown on your most recent billing statement in full. If you pay a plan off early, no future plan fees are incurred 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 requires paying the whole New Balance from the most recent statement, not only the plan amount.

Charges & Financial Obligations · Company commitment

You promise to pay all charges on the Account, including those made by Additional Card Members or others you permit

You promise to pay all charges added to the Account, including charges made by you or your Additional Card Members, or that you permit others to make, even if the Card is not presented or you did not sign. You must pay at least the Minimum Payment Due on or before the Payment Due Date, in the time and manner shown on each statement. "Pay by" a date means the payment is received and credited by that date.

Supporting quotations

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

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

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.

Charges & Financial Obligations · Procedure

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

Payments must be made in U.S. dollars with a single check drawn on a U.S. bank, a single negotiable instrument clearable through the U.S. banking system (for example a money order), or an electronic payment that can be cleared through the U.S. banking system.

Supporting quotations

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

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

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

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

Charges & Financial Obligations · Procedure

Mailed payments need a separate payment per Account, the coupon address, and the Account number on the check

When paying by mail, make a separate payment for each Account, mail it to the address on the payment coupon of your billing statement, and write your Account number on the check or negotiable instrument and include the payment coupon.

Supporting quotations

When making a payment by mail:

make a separate payment for each Account,

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

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

Charges & Financial Obligations · Company practice

A payment meeting the requirements is credited the day received if on time; otherwise the next day

If your payment meets the requirements, American Express credits it as of the day it receives it, as long as it receives it by the time and in the manner disclosed on your statement. If it receives it after that time, it credits the payment the day after. If a payment does not meet the requirements, crediting may be delayed, which may result in late payment fees and additional interest charges.

Supporting quotations

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

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

Qualifications & exceptions

• The cutoff time is set in the billing statement, not in this text.

Not stated here

• The statement cutoff time is not stated in this agreement.

Charges & Financial Obligations · Restriction or exception

Foreign currency and non-U.S. bank payments are refused; late, partial or restricted payments do not change the terms

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

Supporting quotations

We will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement.

Charges & Financial Obligations · Company practice

Payments cover Plan amounts and lowest-rate balances up to the minimum, then highest-rate balances

If the Account has balances at different interest rates, Plan balances or plan fees, payments are generally applied in a billing period as follows. Up to the Minimum Payment Due, payments go first to any Plan amounts included in the Minimum Payment Due, then to the balance with the lowest interest rate, then to balances with higher rates. After the Minimum Payment Due is paid, payments go to the balance with the highest interest rate, then to lower-rate balances, then to any Plan balances.

Supporting quotations

Your Account may have balances with different interest rates. For example, purchases may have a lower interest rate than cash advances. Your Account may also have Plan balances which are assessed Plan fees.

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

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

Qualifications & exceptions

• The order is described as how payments are "generally" applied.
• Applies when the Account has balances with different rates, Plan balances or Plan fees.

Charges & Financial Obligations · Company practice

Credits generally go to the balance of the related charge; American Express may choose order within balances

In most cases a credit is applied to the same balance as the related charge, for example a purchase credit to the purchase balance. American Express may apply payments and credits within balances, and among balances with the same rate, in any order it chooses. A negative balance at the end of a billing period is redistributed to other balances under the payment order, so Plan balances may be paid sooner in some cases. If you receive a credit for a purchase placed in a plan, you must call to have it 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" - the same-balance rule is not stated as universal.

Charges & Financial Obligations · Procedure

Interest per balance is Average Daily Balance times Daily Periodic Rate times days in the billing period

Interest is figured separately on each balance, since transaction categories such as purchases and cash advances (and balances within them) can have different rates. American Express uses the Average Daily Balance method including new transactions, and the total interest for a billing period is the sum for each balance. Apart from rounding, interest for a balance equals the Average Daily Balance multiplied by the Daily Periodic Rate multiplied by the number of days in the billing period. The ADB is the sum of daily balances divided by the days in the period, and a DPR is 1/365th of an APR.

Supporting quotations

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.

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

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

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period.

ADB: To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days in the billing period. DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Not stated here

• No DPR values are listed in this agreement; see the Daily Periodic Rate card.

Charges & Financial Obligations · Procedure

The Average Daily Balance is the sum of daily balances divided by the number of days in the billing period

To get the Average Daily Balance 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.

Charges & Financial Obligations · Context

A DPR is 1/365th of an APR, but the agreement shows no Daily Periodic Rate values

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", but that section of the public agreement holds only the Explanation of Variable Rates, Determining the Prime Rate and the fee descriptions, and the Rates and Fees Table gives APRs only as Prime Rate plus a margin (some as a range). The published agreement therefore does not show any DPR. The earlier mention of "corresponding DPRs" rising with the Prime Rate likewise comes with no DPR values.

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.

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

Qualifications & exceptions

• The DPR is defined from the APR; because the APRs here are variable and given only as Prime Rate plus a margin, a numeric DPR cannot be read from this document.

Not stated here

• The DPR values are not shown in the published agreement; they are not computed here from the APRs and are not taken from any other agreement or a Card Member's personal Part 1.

Cross-references

• refers to (model-proposed): Variable APRs rise with the Prime Rate, take effect at the start of the billing period, and will not exceed 29.99% — Both mention corresponding DPRs; neither section lists DPR values.

Charges & Financial Obligations · Context

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

The agreement illustrates the formula with assumed figures: a single rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365, which is 0.0438%, and interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57. The 15.99% rate is an assumed example figure, not a rate stated for this card.

Supporting quotations

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

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

number of days in the billing period.

Qualifications & exceptions

• The example uses assumed numbers and is not this card's APR.

Charges & Financial Obligations · Procedure

Daily balance adds new charges from the transaction date, subtracts payments and credits; negatives count as zero

American Express figures each balance's daily 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 a daily balance is negative, it is treated as zero.

Supporting quotations

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

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

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

Qualifications & exceptions

• "Any appropriate adjustments" is not defined.

Not stated here

• What adjustments are "appropriate" is not specified.

Charges & Financial Obligations · Company practice

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

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

Supporting quotations

Beginning balance: For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance. This method of figuring the beginning balance results in daily compounding of interest.

Charges & Financial Obligations · Company practice

American Express may use other equivalent formulas and may choose not to charge interest on certain 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

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

• Any other method must produce equivalent results.

Not stated here

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

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: cost of credit for covered members and dependents may not exceed a 36 percent annual rate

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

Supporting quotations

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

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

Qualifications & exceptions

• The statement is general ("In general") and the exclusions are only described as "certain" fees without detail.

Not stated here

• The specific application and participation fees excluded from the 36 percent rate are not detailed.

Legal Rights & Agreement Rules · User right or choice

Covered borrowers under the Military Lending Act are not bound by the arbitration provision, though they may elect it

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. If you elect arbitration, American Express says it will comply with its obligations under the Claims Resolution section. The text also gives a phone number (855-531-0379) to hear the statement and a description of your payment obligation.

Supporting quotations

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.

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

Qualifications & exceptions

• Applies only to covered borrowers under the Military Lending Act.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — The arbitration provision does not apply to covered borrowers under the Military Lending Act.

Account & Service Control · Company practice

Additional Cards may be issued on request; Additional Card Members' use is reportable to credit reporting agencies

American Express may issue additional Cards on your Account at your request. Additional Card Members can use the Account under the Agreement's terms, and American Express may report their use of the Account to credit reporting agencies. If an annual fee applies to Additional Cards, it is shown on page 2 of Part 1.

Supporting quotations

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

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

You may request a Card for an Additional Card Member.

Qualifications & exceptions

• Issuing additional Cards is at American Express's discretion ("may issue").
• Part 1 of this agreement lists the annual fee for additional cards as "None".

Account & Service Control · Company practice

You are responsible for all use by Additional Card Members and their permitted users; account information is shared

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

Supporting quotations

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

You also authorize us to give Additional Card Members information about your Account and to discuss it with them. Contact us if you want to cancel an Additional Card Member's ability to use your Account.

If 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.

Charges & Financial Obligations · Company practice

AEEML converts foreign-currency charges to U.S. dollars at a rate it chooses, capped by official or interbank rates

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

Supporting quotations

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

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

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

Qualifications & exceptions

• The rate is a maximum ("no more than") the highest official or interbank rate, chosen by AEEML.
• Conversion happens when the charge is processed, which can differ from the charge date.

Not stated here

• The actual rate or margin AEEML applies is not stated.

Data Access & Collection · Company practice

Federal agency charge information may be used for billing and collections and, aggregated, for analysis and marketing

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

Supporting quotations

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

Qualifications & exceptions

• Applies to charges made at federal agencies that accept the Card.
• The aggregated use for reporting, analysis and marketing is stated as something the information "may" be used for.

Not stated here

• The "certain charge information" collected is not itemized.

Charges & Financial Obligations · Company practice

Affiliates may promote fee-based products and be compensated; compensation may influence what you are told about

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

Supporting quotations

We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf.

Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about.

Sharing & Disclosure · Permission or license

American Express may share information about you with affiliates to identify products for you, and may be compensated

American Express may share information about you with its affiliates so they can identify products that may interest you. It says it may be compensated for this information.

Supporting quotations

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

Not stated here

• The kinds of information shared with affiliates, and any way to limit this sharing, are not stated in this passage.

Account & Service Control · Company practice

American Express may add, modify or remove any benefit, feature or service 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

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

Not stated here

• No notice period for benefit changes is stated.

Legal Rights & Agreement Rules · Restriction or exception

American Express may sell or assign the Agreement and Account without notice; you may not; delay is not waiver

American Express may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or your obligations. If American Express delays enforcing or does not exercise a right, it does not waive its right to exercise or enforce it on any other occasion.

Supporting quotations

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

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

Legal Rights & Agreement Rules · Restriction or exception

Utah and federal law govern; Maryland billing addresses are offered under Maryland Commercial Law Title 12, Subtitle 9

Utah law and federal law govern the Agreement and the Account, without regard to conflict-of-laws principles. The agreement says it was entered into in Utah, where American Express is located and holds the Account. For Maryland residents, if the Account has a Maryland billing address, American Express elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies.

Supporting quotations

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

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

Qualifications & exceptions

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

Not stated here

• Whether Maryland law applies to a given Account is not stated.

Charges & Financial Obligations · Context

Notice to Oregon residents: service charges not above those permitted by law; you may pay more than the minimum

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

Supporting quotations

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

Qualifications & exceptions

• Stated as a notice to Oregon residents; the passage does not say whether it changes any term for them.

Charges & Financial Obligations · User right or choice

Notice for Washington residents: no interest from a merchant's or American Express's delay in posting a credit

Citing the Revised Code of Washington Statutes, Section 63.14.167, the notice says you are not responsible for interest charges that result solely from a merchant's failure to transmit a credit for returned or forgiven goods or services within seven working days, if you have notified American Express of the delay, or from its failure to post the credit within three working days of receiving it. The cited statute is not supplied and is not interpreted here.

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

• Applies to residents of Washington State; the protection covers only interest charges that result solely from the delay in posting the credit.

Not stated here

• The text of Section 63.14.167 of the Revised Code of Washington is not supplied here and is not interpreted.
• The wording ties the protection to your having notified American Express of the merchant's delay; it does not make clear whether notice is also needed for American Express's own failure to post the credit.

Legal Rights & Agreement Rules · User right or choice

Disputes start with Customer Service; arbitration can be rejected within 45 days of your first Card purchase

Most concerns can be resolved by calling Customer Service. If not, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase, as explained in the right to reject arbitration, which requires a written rejection notice mailed to American Express at the P.O. Box address given.

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.

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.

Qualifications & exceptions

• The rejection deadline is 45 days after your first Card purchase; the rejection notice must be written.

Legal Rights & Agreement Rules · Context

"You" and "us" in the Claims Resolution section include corporate parents, subsidiaries, affiliates and related persons

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities, so the section can bind and benefit those related parties, not only the Card Member and American Express National Bank.

Supporting quotations

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

Legal Rights & Agreement Rules · Context

A "Claim" is any current or future dispute about your Account, the Agreement or your relationship with American Express

A Claim means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims in contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements, advertisements and promotions, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

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

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

(4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account. You may not sell, assign or transfer a claim.

Qualifications & exceptions

• The list says "includes but is not limited to", so it is not exhaustive.
• Disputes about the validity, enforceability or scope of the Arbitration provision itself are excluded from the definition of Claim.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice must describe the claim and the relief demanded

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to allow informal or mediated resolution. A sample notice is at americanexpress.com/claim. The 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 American Express 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 relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

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

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

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

Not stated here

• The sample claim notice at americanexpress.com/claim is a linked page that is not supplied here.

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

Supporting quotations

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 must be submitted within 30 days after a claim notice is sent or received.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which removes court, jury and class rights for that claim

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If a party chooses arbitration, neither side has the right to litigate that claim in court or have a jury trial, or to participate in a representative capacity or as a member of any class for claims subject to arbitration. The arbitrator's authority is limited to claims between you and American Express alone, claims may not be joined or consolidated unless both agree in writing, and an award applies only to the specific case. Discovery is more limited and court review is very limited. If any part of the Limitations on Arbitration is held invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply. Your right to reject arbitration within 45 days and the carve-outs for small claims court and covered borrowers also apply.

Supporting quotations

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

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

The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. 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. Other rights you or we would have in court may also not be available in arbitration.

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.

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

Qualifications & exceptions

• Arbitration is elective: it applies when either you or American Express elects it.
• The decision is final and binding "except as set forth below" (an appeal right is described in the Arbitration Procedures).
• American Express will not elect arbitration for an individual claim you file in small claims court and keep pending only there.

Cross-references

• has exception (model-proposed): Covered borrowers under the Military Lending Act are not bound by the arbitration provision, though they may elect it — The arbitration provision does not apply to covered borrowers under the Military Lending Act.
• has exception (model-proposed): Arbitration may be elected until trial begins or judgment is entered; not elected for small claims cases — American Express will not elect arbitration for an individual claim filed and pending only in small claims court.
• qualified by (model-proposed): Arbitration is individual only; if the class limit is invalid, the whole arbitration clause falls away — The Limitations on Arbitration confine arbitration to individual claims and make the entire provision fall away if they are invalid.
• has exception (model-proposed): To reject arbitration, mail a signed written notice within 45 days of your first Card purchase — A compliant written rejection within 45 days switches off the arbitration provision for the person who rejects.

Legal Rights & Agreement Rules · Procedure

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

Before arbitration, a claim notice must be sent. Claims are referred to JAMS or AAA, as selected by the party electing arbitration, and resolved under the Arbitration provision and the chosen organization's rules in effect when the claim is filed, except where the rules conflict with the Agreement. If American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims may also go to another organization if you and American Express agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act (9 U.S.C. sec. 1-16). The Federal Arbitration Act is cited but its text is not supplied or interpreted here.

Supporting quotations

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

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

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

Qualifications & exceptions

• Where the organization's rules conflict with the Agreement, the Agreement controls.

Not stated here

• The JAMS and AAA rules and the text of section 5 of the Federal Arbitration Act are not supplied here and are not interpreted.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration may be elected until trial begins or judgment is entered; not elected for small claims cases

American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise, you or American Express 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. Delaying or not exercising rights under the Arbitration provision, including the right to arbitrate a claim, does not waive the right to exercise or enforce them.

Supporting quotations

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

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

Qualifications & exceptions

• The small claims protection is only for individual claims pending only in small claims court.
• The election window closes once trial has begun or final judgment has been entered in court.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — American Express will not elect arbitration for an individual claim filed and pending only in small claims court.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only; if the class limit is invalid, the whole arbitration clause falls away

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

Supporting quotations

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

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

Qualifications & exceptions

• Whether a limitation is invalid or unenforceable is a legal determination the agreement does not make.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — The Limitations on Arbitration confine arbitration to individual claims and make the entire provision fall away if they are invalid.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA, is confidential, and for claims of $10,000 or less you choose the hearing format

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not federal or state rules of civil procedure or evidence on evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may award any relief available in court. The arbitration is confidential: neither side will disclose the proceeding's content or outcome, though either may notify a government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you choose whether it is decided on documents, by telephone hearing or at an in-person hearing. At either party's request the arbitrator provides a brief written explanation of the award. At your election, hearings take place in the federal judicial district of your residence. Claims are referred to JAMS or AAA as chosen by the party electing arbitration.

Supporting quotations

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.

Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.

Qualifications & exceptions

• Confidentiality binds both sides but allows notice to a government authority as permitted or required by law.
• The hearing format choice applies only to claims of $10,000 or less.

Not stated here

• The text of the FAA and the JAMS and AAA rules is not supplied here and is not interpreted.

Legal Rights & Agreement Rules · Procedure

An award is final and binding, subject to a written appeal within 35 days decided by a three-arbitrator panel

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

Supporting quotations

The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA.

To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Except as set forth below, the arbitrator's decision will be final and binding.

Qualifications & exceptions

• The appeal must be started in writing within 35 days after the award is issued.

Legal Rights & Agreement Rules · Company commitment

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

You pay your share of arbitration fees (including filing, administrative, hearing or other fees) only up to the filing fees you would have incurred in court, and American Express pays any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of fees or paying the reasonable fees of an expert the arbitrator appoints for good cause. If the arbitrator rules in your favor for more than any final offer American Express made before the final hearing, the award includes the money you are entitled to, but no less than $5,000, plus reasonable attorneys' fees, costs and expert and other witness fees.

Supporting quotations

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

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

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 if the award exceeds any final offer American Express made before the final hearing.
• The temporary advance and expert-fee payment are only considered in good faith, not promised.

Not stated here

• What counts as a "final offer" is not defined.

Legal Rights & Agreement Rules · User right or choice

To reject arbitration, mail a signed written notice within 45 days of your first Card purchase

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

Supporting quotations

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 your first Card purchase and signed personally by you.
• A compliant rejection also switches off arbitration provisions in other currently open American Express accounts you hold, except Corporate Card accounts and claims already in litigation or arbitration.

Not stated here

• The sample rejection notice at americanexpress.com/reject is a linked page that is not supplied here.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court, jury and class rights for that claim — A compliant written rejection within 45 days switches off the arbitration provision for the person who rejects.

Legal Rights & Agreement Rules · Restriction or exception

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

The Claims Resolution section survives termination of your Account, voluntary payment of the 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). If any part of the section other than the Limitations on Arbitration is deemed invalid or unenforceable, the remaining parts are not invalidated.

Supporting quotations

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

Qualifications & exceptions

• For the Limitations on Arbitration the severability rule differs: invalidity there removes the entire Arbitration provision.

Account & Service Control · Company practice

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

American Express sends notices by U.S. mail, courier or electronically using the information in its records. A notice is considered given when it is mailed or delivered electronically, not when you receive or read it.

Supporting quotations

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

Account & Service Control · Permission or license

You authorize American Express, affiliates, agents and collectors to contact you by any means, including automated calls

For servicing the account or collecting amounts owed, you authorize American Express and its affiliates, agents and contractors (such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact them, or at which they believe they can reach you. They may use calls, texts, emails, mobile app push notifications or any other method permitted by law, may use an automated dialer or prerecorded messages, and may contact you on a mobile or similar device even if you are charged for it.

Supporting quotations

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

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

Qualifications & exceptions

• The authorization is tied to servicing the account or collecting amounts owed.
• Methods are limited to those "permitted by law".

Not stated here

• The text does not describe how to withdraw this consent or limit contact methods.

Data Access & Collection · Company practice

American Express may monitor and record calls between you and it

American Express may monitor and record any calls between you and it. The text does not say for what purposes or how long recordings are kept.

Supporting quotations

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

Not stated here

• The purposes and retention of call recordings are not stated.

Account & Service Control · Restriction or exception

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

You must notify American Express immediately if you change your mailing address, email address or telephone number, and separately for each Account if you have more than one. American Express may update your billing address if it receives information that it changed or is incorrect.

Supporting quotations

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

Not stated here

• The sources of information American Express may use to update a billing address are not stated.

Legal Rights & Agreement Rules · Restriction or exception

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

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

Supporting quotations

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

Qualifications & exceptions

• The credit is discretionary ("may credit"); tort claims are excluded from the assignment.

Data Access & Collection · Permission or license

American Express may obtain credit reports, verify employment and income, and use them for any purpose, subject to law

You agree that American Express will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources, including to verify and re-verify your employment and income. You agree it will use that information for any purposes, for example marketing to you or evaluating you for a new account, subject to applicable law.

Supporting quotations

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

• Use of the information for "any purposes" is limited by "applicable law".

Not stated here

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

Sharing & Disclosure · Company practice

American Express reports Account information to credit reporting agencies, including your non-compliance

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

Supporting quotations

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

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

Account & Service Control · Company practice

Default triggers: violations, false information, bankruptcy, other defaults, or doubt you can or will pay

American Express may consider the Account in default if you violate a provision of the Agreement, give false information, file for bankruptcy, default under another agreement with it or an affiliate, or if it believes you are unable or unwilling to pay your debts when due. The last trigger rests on its belief, not on a missed payment.

Supporting quotations

We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

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

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

Qualifications & exceptions

• Default is at American Express's option ("may consider").

Not stated here

• The terms of any other agreement with American Express or an affiliate, whose breach can also trigger default, are not supplied here.

Account & Service Control · Company practice

On default, incapacity or death, American Express may suspend charges, cancel features or demand full payment

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

• Limited "to the extent permitted by federal and applicable state law".

Charges & Financial Obligations · Restriction or exception

You agree to pay all reasonable costs, including attorneys' fees, that American Express incurs to collect

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

Supporting quotations

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

Account & Service Control · Company practice

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

American Express may, at any time and for any reason, cancel the Account, suspend your ability to make charges, or cancel or suspend any feature. You must still pay all charges under the Agreement. If it later agrees to reinstate the Account, it may reinstate any additional Cards, charge any applicable annual fees and charge a fee to reinstate the Account.

Supporting quotations

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

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

Qualifications & exceptions

• Reinstatement is only if American Express "agrees".

Not stated here

• The amount of the reinstatement fee is not stated in this passage; the $25 re-opening fee appears elsewhere.

Account & Service Control · User right or choice

You may close the Account by calling or writing; the annual fee is refunded only within 30 days of its statement

You may close the Account by calling or writing to American Express. If an annual fee applies, it will be refunded if you voluntarily close the Account within 30 days after the Closing Date of the statement on which the fee appears. After 30 days it is non-refundable, and the policy does not apply if your billing address is in Massachusetts when you close. If the Account is cancelled and re-opened at your request, a $25 fee may be charged.

Supporting quotations

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

If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you. If your account is cancelled and we re-open it at your request, we may charge you a $25 fee.

Qualifications & exceptions

• The refund applies only to voluntary closure notified within 30 days of the fee statement's Closing Date.

Charges & Financial Obligations · Permission or license

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

When you pay by check, you authorize 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 your bank or other asset account. The payment may be withdrawn as soon as the same day it receives the check, and you will not get the check back from your bank. In certain circumstances it may process the payment as a check transaction.

Supporting quotations

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

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

Qualifications & exceptions

• "In certain circumstances" it may process the payment as a check transaction; the circumstances are not listed.

Not stated here

• The circumstances in which a payment is processed as a check transaction are not stated.