Marriott Bonvoy Brilliant® American Express® Card Agreement

Charges & Financial Obligations · Company practice

American Express assigns a Credit Limit and part may be a Cash Advance Limit

American Express assigns a Credit Limit to the Account and may make part of it available for cash advances, called the Cash Advance Limit. There may also be a limit on the amount you can withdraw from ATMs in a given period. The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement.

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.

The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement.

Not stated here

• The amounts of the Credit Limit, Cash Advance Limit and any ATM withdrawal limit are individual to the Account and are not in the public agreement text.
• The length of the period for any ATM withdrawal limit is not stated.

Charges & Financial Obligations · Permission or license

American Express may raise or lower the limits, even if you pay on time

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

Supporting quotations

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.

Not stated here

• This passage does not state any notice requirement or reasons for a change.

Account & Service Control · Restriction or exception

You agree to keep balances within the Credit Limit and Cash Advance Limit

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. Part 2 adds that you agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

Supporting quotations

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.

Charges & Financial Obligations · Company practice

American Express may approve charges over the Credit Limit without an overlimit fee

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

Supporting quotations

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

Qualifications & exceptions

• Approval of an over-limit charge is permissive ("may"); the passage does not promise that over-limit charges will be approved.

Not stated here

• "Promptly" is not defined in this passage.

Cross-references

• referred to by (model-proposed): No overlimit fee — The Fees section's overlimit entry (None) points to the Part 1 limits section, which says American Express may approve charges over the Credit Limit without an overlimit fee.

Charges & Financial Obligations · Restriction or exception

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

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

Supporting quotations

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

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

A person-to-person transaction is a charge for funds sent to another person

Qualifications & exceptions

• Person-to-person transactions are also excluded from the purchase rewards (see the eligible purchases card).

Not stated here

• The word "applicable" in "the applicable person-to-person transaction limit" is not explained; the passage does not say whether any limit other than $2,000 applies.

Charges & Financial Obligations · Company practice

How the Minimum Payment Due is calculated

For each billing statement, American Express starts with the highest of three amounts: (1) interest charged on the statement plus 1% of the New Balance, (2) 2% of the New Balance, or (3) $40. The New Balance used in (1) excludes interest, penalty fees, any overlimit amount, and plan balances; in (2) it excludes penalty fees, overlimit amount and plan balances. Then it adds any penalty fees shown on the statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due.

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.

Charges & Financial Obligations · User right or choice

Minimum Payment Due never exceeds the New Balance; you may pay more at any time

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. The agreement gives an example: with a New Balance of $2,900, interest of $29.57 and no active plans, overlimit amount, penalty fees or past-due amounts, the three starting figures are $58.27, $58 and $40, so the highest is $58.27. If the account has active plans, an overlimit amount, penalty fees or past-due amounts, the Minimum Payment Due will be higher.

Supporting quotations

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.

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 an illustration with assumed numbers, not a statement of any Card Member's actual amounts.

Charges & Financial Obligations · Company commitment

Interest Free Period: no interest on purchases while you pay the New Balance by the due date

You are not charged interest on purchases while 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 when your account had no previous balance. When your account is not in an Interest Free Period, interest is charged on purchases from the date of the transaction. After you enter an Interest Free Period again, interest may appear on your next billing statement, reflecting interest charged from the beginning of that billing cycle through the date the payment was received. 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.

Supporting quotations

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

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

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

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.

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

Qualifications & exceptions

• The Interest Free Period covers purchases only; see the card on balance transfers and cash advances.

Not stated here

• The phrase "or your account had no previous balance" is not explained further in this passage.
• Details of how interest is calculated are in the How we calculate interest section (Part 2).

Cross-references

• qualifies (model-proposed): Paying in full avoids purchase interest; cash advance interest starts on the transaction date — The Interest Free Period passage states the conditions for the table row's no-interest-on-purchases promise: pay the New Balance (or the Balance Adjusted for Plans with an active plan) by the Payment Due Date, or have had no previous balance.

Charges & Financial Obligations · Company practice

Balance transfers and cash advances are charged interest from the transaction date

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

Supporting quotations

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

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

Not stated here

• This passage names Balance Transfers; the Rates and Fees Table in Part 1 lists APRs for purchases, cash advances and the Penalty APR only.

Legal Rights & Agreement Rules · Context

The Card Member Agreement is Parts 1, 2 and 3 plus supplements and amendments

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

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 beyond the text supplied here are not part of this analysis.

Charges & Financial Obligations · Company practice

Reward supplement: 2 Marriott Bonvoy Points per $1 of eligible purchases

The Supplement to the Card Member Agreement says you receive 2 Marriott Bonvoy Points for each $1 of eligible purchases on this Card Account.

Supporting quotations

Supplement to the Card Member Agreement

You receive 2 Marriott Bonvoy Points (Points) for each $1 of eligible purchases on your Marriott Bonvoy Brilliant® American Express® Card (Card Account).

Not stated here

• The conditions on posting and keeping Points are in later passages of the supplement and are analyzed from that text.

Charges & Financial Obligations · Restriction or exception

What counts as eligible purchases for Points

Eligible purchases are purchases for goods and services minus returns and other credits. Eligible purchases do not include fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, purchases of gift cards (except Marriott gift cards purchased at Marriott online stores), or person-to-person transactions.

Supporting quotations

Eligible purchases are purchases for goods and services minus returns and other credits.

Eligible purchases do NOT include: fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, purchases of gift cards (except Marriott gift cards purchased at Marriott online stores), or person-to-person transactions.

Cross-references

• contrast (model-proposed): Defined charge types: purchase, cash advance, balance transfer, person-to-person — The Part 2 definition of a purchase includes person-to-person transactions, while the reward supplement lists person-to-person transactions among charges that are not eligible purchases for Points. The two use the word purchase for different sets.

Charges & Financial Obligations · Company practice

4 additional Points (6 total) per $1 at participating Marriott properties and stores

You receive 4 additional Points, for a total of 6 Points, for each $1 of eligible purchases on the Card Account charged directly with participating Marriott Bonvoy properties, standalone Marriott branded retail establishments, and Marriott branded online stores (including online purchases of Marriott branded gift cards). In each case the establishment must be owned or managed by Marriott International, Inc. and its affiliates.

Supporting quotations

You receive 4 additional Points (for a total of 6 Points) for each $1 of eligible purchases on your Card Account charged directly with participating Marriott Bonvoy properties, standalone Marriott branded retail establishments, and Marriott branded online stores (including online purchases of Marriott branded gift cards), that in each case, are owned or managed by Marriott International, Inc. and its affiliates.

Qualifications & exceptions

• Gift card purchases at Marriott online stores are included in this bonus, as the passage states, although other gift card purchases are excluded from eligible purchases.

Not stated here

• Which properties are "participating" is not listed in the agreement.

Charges & Financial Obligations · Company practice

Additional Points: 6 total at Marriott, 3 total for airfare and restaurants

Beyond the 2 Points base rate, you receive 4 additional Points (6 total) per $1 charged directly with participating Marriott properties and stores. You receive 1 additional Point (3 total) per $1 of eligible purchases for airfare on a scheduled flight charged directly with passenger airlines, with charter flights and private jet flights excluded. You also receive 1 additional Point (3 total) per $1 of eligible purchases at restaurants worldwide.

Supporting quotations

You receive 4 additional Points (for a total of 6 Points) for each $1 of eligible purchases on your Card Account charged directly with participating Marriott Bonvoy properties

You receive 1 additional Point (for a total of 3 Points) for each $1 dollar of eligible purchases on your Card Account for airfare on a scheduled flight charged directly with passenger airlines (charter flights and private jet flights are excluded).

You receive 1 additional Point (for a total of 3 Points) for each $1 dollar of eligible purchases on your Card Account charged at restaurants worldwide.

Not stated here

• Whether a purchase made through a travel agency or booking site counts as "charged directly with passenger airlines" is not addressed in this passage.

Charges & Financial Obligations · Restriction or exception

Additional Points depend on merchant codes and may be missed

Merchants are assigned codes based on what they primarily sell, and American Express groups certain codes into reward categories. A purchase with a merchant will not receive additional Points if the merchant's code is not in a reward category. You may not receive additional Points if American Express receives inaccurate information or cannot identify your purchase as eligible for a reward category. Examples given: a merchant uses a third party to sell products or services; a merchant uses a third party to process or submit your transaction (for example mobile or wireless card readers); or you pay using a third-party payment account or a mobile or digital wallet.

Supporting quotations

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

You may not receive additional Points if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category. For example, you may not receive additional Points when: a merchant uses a third-party to sell their products or services; or a merchant uses a third-party to process or submit your transaction to us (e.g., using mobile or wireless card readers); or you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet.

Qualifications & exceptions

• The listed situations are examples introduced by "for example" and "may not receive"; they are not stated as an exhaustive list or as always resulting in no additional Points.

Not stated here

• Which merchant codes are in each reward category is not listed in the agreement.

Account & Service Control · Procedure

Where to ask about or view Points and Card benefits

For questions about additional Points on a purchase, call the number on the back of the Card. The agreement refers to americanexpress.com/rewards-info for more information about rewards and to go.amex/t4ZNPJ for detailed Card benefit information. You can view Points earned year to date by logging in to your online account and viewing your account summary page.

Supporting quotations

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

You can view your Points earned year to date on the Card by logging onto your online account at americanexpress.com and viewing your account summary page.

For detailed information about Card benefits please visit go.amex/t4ZNPJ.

Not stated here

• The pages at the referenced web addresses are not part of the supplied text and are not analyzed here.

Charges & Financial Obligations · Permission or license

Promotional bonus Points offers carry their own terms

From time to time American Express may make promotional offers of bonus Points. Those offers include terms about how you can earn the bonus Points and when you can use them, and those terms may differ from the terms above on Points earned for eligible purchases, including when you can use the Points.

Supporting quotations

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

Not stated here

• The terms of any particular promotional offer are not in this agreement.

Charges & Financial Obligations · Company practice

When Points are transferred to the Marriott Bonvoy account

American Express transfers Points to your Marriott Bonvoy Member Account after the end of the billing period in which you received them. Bonus Points received from your Card will be posted to the Marriott Bonvoy Member Account up to 12 weeks after the end of each month, and your account must not be cancelled or delinquent at the time of bonus fulfillment.

Supporting quotations

We transfer Points to your Marriott Bonvoy Member Account after the end of the billing period in which you received them.

Bonus Points received from your Card will be posted to your Marriott Bonvoy Member Account up to 12 weeks after the end of each month. Your account must not be cancelled or delinquent at the time of bonus fulfillment.

Not stated here

• The passage does not define which Points are "Bonus Points" for the 12-week posting rule or what "delinquent" means.

Charges & Financial Obligations · Restriction or exception

Points are forfeited if the Minimum Payment Due is missed; reinstatement costs $35

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you forfeit the Points you earned for eligible purchases during that billing period. The example shows the period in question: with a billing period closing January 15 and a minimum payment due February 10, missing the February 10 due date means no Points for purchases in the billing period ending February 15. You may reinstate those Points within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Supporting quotations

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

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

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

Qualifications & exceptions

• Per the example, the forfeited Points are those for the billing period containing the missed due date (ending February 15), not the billing period that closed January 15.

Charges & Financial Obligations · Restriction or exception

Rewards only for eligible purchases for personal, family or household use

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

Supporting quotations

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

Not stated here

• The passage does not say how a purchase is judged to be for personal, family or household use.

Account & Service Control · Restriction or exception

A unique Marriott Bonvoy account is required; the Card Account may be cancelled without one

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

Supporting quotations

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

Not stated here

• The passage does not say what makes a loyalty account "active" or whether notice comes before cancellation.

Charges & Financial Obligations · Permission or license

American Express may change the reward program; abuse can forfeit Points

American Express may change the terms of this reward program at its discretion. If you violate or abuse this reward program, you may forfeit some or all of your Points.

Supporting quotations

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

Not stated here

• The passage does not define "violate or abuse" and does not state any notice period for a change.

Legal Rights & Agreement Rules · Restriction or exception

Marriott operates the loyalty account; its terms apply to Points

American Express says it is not responsible for Points after they are credited to your Marriott Bonvoy Member Account, which is operated by Marriott International, Inc., and not responsible for Marriott's actions on that account. Points, certificates and membership in the loyalty program are subject to the Marriott Bonvoy Terms and Conditions, which the agreement says can be found at marriott.com, including Marriott's right to change its program terms and other conditions.

Supporting quotations

We are not responsible for Points after they are credited to your Marriott Bonvoy Member Account, which is operated by Marriott International, Inc. ("Marriott"). We are also not responsible for the actions of Marriott on your Marriott Bonvoy Member Account.

Points, certificates and membership in the loyalty program are subject to the Marriott Bonvoy Terms and Conditions. You should refer to that document, which can be found at marriott.com, for details on:

Marriott's right to change its program terms. other conditions that may apply to the loyalty program.

Not stated here

• The Marriott Bonvoy Terms and Conditions are a separate document that was not supplied and are not analyzed here.
• The two items after "for details on:" run together in the source text, so the list reads as one sentence followed by a fragment.

Legal Rights & Agreement Rules · Company practice

Using the Account means you agree; unused accounts can be cancelled without fees

Part 2 together with Part 1 and Part 3 makes up the Card Member Agreement for the Account identified on page 1 of Part 1, and any supplements or amendments are also part of it. When you use the Account (or you sign or keep the Card), you agree to the terms. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees. You can request a copy of the agreement through your online account or by calling the number on the back of the Card.

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.

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

• The sentence about cancelling can be read as covering a Card Member who has done neither of the two things (used the Account, or made a payment after receiving a statement); the agreement does not spell out which reading applies, and does not state how to cancel.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement; oral changes do not count

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

Supporting quotations

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

Not stated here

• This passage does not describe notice or opt-out rights for a change; other parts of the Agreement are analyzed from their own text.

Legal Rights & Agreement Rules · Context

Who "we" and "you" are, and what a Card is

We, us and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for the Account and for whom American Express opened it, 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

Defined charge types: purchase, cash advance, balance transfer, person-to-person

A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. A balance transfer is a charge to pay an amount owed on another credit card account. A person-to-person transaction is a charge for funds sent to another person, or a charge to add funds to the Amex Send account.

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

Qualifications & exceptions

• The definition of purchase includes person-to-person transactions, while the reward supplement excludes person-to-person transactions from eligible purchases.
• The cash advance definition lists examples with "including"; the passage does not say the list is complete.

Cross-references

• defines (model-proposed): Cash advance fee: the greater of $10 or 5% — Part 2 defines what a cash advance is, which determines when the cash advance fee, APR and interest timing apply.
• contrast (model-proposed): What counts as eligible purchases for Points — The Part 2 definition of a purchase includes person-to-person transactions, while the reward supplement lists person-to-person transactions among charges that are not eligible purchases for Points. The two use the word purchase for different sets.

Charges & Financial Obligations · Context

Defined terms: plan, paying by a date, and the Closing Date

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 American Express receives it and credits 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 that statement.

Supporting quotations

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.

Account & Service Control · Restriction or exception

Using the Card; plans, cash advances and balance transfers are at American Express's discretion

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

Not stated here

• The passage does not say what happens if the Card is used for another purpose.

Sharing & Disclosure · Company practice

Merchants may store your Card number; American Express may share updates unless you object

You may arrange for certain merchants and third parties to store your Card number and expiration date, for example so a merchant can charge your Account at regular intervals, or you may make charges using stored Card information. 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 American Express to share your updated Account information, you can contact it using the number on the back of the Card.

Supporting quotations

You may arrange for certain merchants and third parties to store your Card number and expiration date, so that, for example the merchant may charge your Account at regular intervals; or you may make charges using that stored Card information.

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.

Not stated here

• Which merchants and third parties receive updates is not specified ("certain merchants and third parties").
• The passage does not say how long an objection stays in effect.

Security & Safeguards · Restriction or exception

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

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

Supporting quotations

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

Not stated here

• This passage does not state your liability for unauthorized use.

Charges & Financial Obligations · Permission or license

American Express may decline charges and is not responsible for resulting losses

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

Not stated here

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

Charges & Financial Obligations · Company practice

Plan It: qualifying purchases or amounts paid over time for a plan fee

American Express may offer Plan It, which lets you create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee that is a fixed finance charge charged each month a plan is active. You select qualifying purchases or a qualifying amount and a plan duration, and you can view the monthly plan payments, including the plan fee, before you create the plan. A qualifying purchase is a purchase of at least a specified dollar amount, and a qualifying amount is a specified portion of your balance. They do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to American Express such as Annual Fees.

Supporting quotations

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

You may use this feature by selecting qualifying purchases or a qualifying amount and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection.

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.

Not stated here

• The specified dollar amount for a qualifying purchase and the specified portion of the balance for a qualifying amount are not stated.
• The Rates and Fees Table lists no Foreign Transaction Fee for this Card; this passage does not say whether any purchase is "subject to Foreign Transaction Fees" on this Card.

Cross-references

• defines (model-proposed): Plan It plans carry a monthly plan fee of up to 1.33% instead of the purchase APR — Part 2 explains how Plan It works and which purchases qualify; the table and Fees section state the plan fee.

Charges & Financial Obligations · Restriction or exception

Your ability to create plans is limited and decided by American Express

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

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.

Not stated here

• Which American Express "payment program" is meant is not defined in this passage.
• The factors beyond those named ("a variety of factors such as") are not listed.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled, but can be paid off early without further plan fees

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.

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.

Not stated here

• Plan fees already charged are not addressed by this passage.

Cross-references

• qualifies (model-proposed): Plan It plans carry a monthly plan fee of up to 1.33% instead of the purchase APR — Paying a plan off early ends future plan fees on that plan, which limits the monthly fee charged each month a plan is active.

Charges & Financial Obligations · Restriction or exception

You promise to pay all charges and at least the Minimum Payment Due by the Payment Due Date

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if 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.

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.

Charges & Financial Obligations · Procedure

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

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

Supporting quotations

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

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

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

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

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

When payments are credited, and what happens if requirements are not met

If a payment meets the stated requirements, American Express credits it to your Account as of the day it receives it, as long as it receives it by the time and in the manner disclosed in your billing statement. If received after that time, the payment is credited on the day after it is received. If a payment does not meet the requirements, there may be a delay in crediting your Account, which may result in late payment fees and additional interest charges. American Express will not accept a payment made in a foreign currency or drawn on an account at a bank located outside the U.S. If it processes a late payment, a partial payment, or a payment marked with any restrictive language, that has no effect on its rights and does not change the Agreement.

Supporting quotations

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).

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.

Not stated here

• The cut-off time is shown on the billing statement and is not in this agreement text.

Charges & Financial Obligations · Company practice

How payments are applied among balances

Your Account may have balances with different interest rates (for example purchases may have a lower rate than cash advances) and Plan balances that carry plan fees. In a billing period, payments up to the Minimum Payment Due are applied 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 has been paid, payments are applied to the balance with the highest interest rate, then to balances with lower rates, and then to any Plan balances. American Express says this is how it generally applies payments.

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. If your Account has balances with different interest rates, Plan balances, or Plan fees, here is how we generally apply payments in a billing period:

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

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

Qualifications & exceptions

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

Charges & Financial Obligations · Company practice

Credits are applied to the related balance; excess credits are redistributed

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

Supporting quotations

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

Charges & Financial Obligations · Company practice

Interest is figured per balance by the Average Daily Balance method

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

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. Balances within each category may also have different interest rates.

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

Charges & Financial Obligations · Company practice

Interest for a balance equals ADB times DPR times days in the billing period

Except for variations caused by rounding, the interest charged for a balance in a billing period equals the Average Daily Balance (ADB) multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period.

Supporting quotations

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.

Not stated here

• The meaning of ADB and DPR is given in the passage that follows.

Charges & Financial Obligations · Context

How ADB is figured and what a DPR is

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

Supporting quotations

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.

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

Not stated here

• The DPR values for this Card are not stated in the published agreement (see the DPR reference card).

Cross-references

• referred to by (model-proposed): The agreement says DPRs are shown in Part 1, but the published text lists none — The DPR definition in Part 2 is the term whose values the Part 2 sentence says appear in Part 1; the published text lists none.

Charges & Financial Obligations · Context

The agreement says DPRs are shown in Part 1, but the published text lists none

Part 2 says: "Your DPRs are shown in How Rates and Fees Work in Part 1." The published agreement does not show any DPR value. Its How Rates and Fees Work section in Part 1 holds the Explanation of Variable Rates, Determining the Prime Rate, Fees, limits, the Minimum Payment Due calculation and the interest-free period text, and the Rates and Fees Table gives APRs only as the Prime Rate plus a margin (some as a range). The Explanation of Variable Rates itself mentions "corresponding DPRs" without giving values. This analysis does not calculate DPRs from the APRs or take them from another document.

Supporting quotations

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

How Rates and Fees Work

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

Not stated here

• The Daily Periodic Rate values are not in the published agreement. The reference points to Part 1, which in the published text lists none; a Card Member's own Part 1 is not part of this analysis, and no value is computed or imported from elsewhere.

Cross-references

• refers to (model-proposed): How ADB is figured and what a DPR is — The DPR definition in Part 2 is the term whose values the Part 2 sentence says appear in Part 1; the published text lists none.

Charges & Financial Obligations · Context

Worked interest example: ADB $2,250, 15.99%, 30 days gives $29.57

The agreement gives an example with assumed numbers: a single interest rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which equals 0.0438%, and the interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57.

Supporting quotations

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

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

number of days in the billing period.

Qualifications & exceptions

• The 15.99% rate in the example is an assumed number for illustration; it is not a rate stated for this Card in the Rates and Fees Table.

Charges & Financial Obligations · Company practice

How the daily balance is built, including daily compounding

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

Supporting quotations

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

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

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

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

Not stated here

• "Appropriate adjustments" is not defined in this passage.

Charges & Financial Obligations · Permission or license

American Express may use equivalent methods and may skip interest on some 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.

Not stated here

• Which types of charges might carry no interest is not stated.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: 36 percent limit on the cost of credit for covered members

Federal law provides 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, credit insurance premium costs, fees for ancillary products sold in connection with the credit, any application fee charged (other than certain application fees), and any participation fee (other than certain participation fees for a credit Card Account). A telephone number (855-531-0379) is given to listen to this statement and a description of the payment obligation.

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).

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

• The limit is stated "in general" and covers members of the Armed Forces and their dependents.

Not stated here

• The passage does not say how the 36 percent measure compares with this Card's APRs or fees.

Legal Rights & Agreement Rules · User right or choice

Covered borrowers: the arbitration provision does not apply, but they may elect arbitration

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, American Express says it will comply with its obligations under the Claims Resolution section.

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.

Not stated here

• The Arbitration provision and Claims Resolution section are analyzed from their own text; this card carries only the covered-borrower exception.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration — For a covered borrower under the Military Lending Act, the Arbitration provision does not apply, although the covered borrower may elect arbitration.

Sharing & Disclosure · Company practice

Additional Cards may be issued; their use may be reported to credit reporting agencies

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

Supporting quotations

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

Qualifications & exceptions

• In Part 1 the Annual Fee for Additional Cards is listed as None.

Account & Service Control · Restriction or exception

You are responsible for Additional Card Members' use and authorize information sharing with them

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 authorize American Express to give Additional Card Members information about your Account and to discuss it with them. Contact American Express if you want to cancel an Additional Card Member's ability to use your Account. For any Annual Fee on an Additional Card, the agreement points to the refund policy in the Closing or suspending your Account sub-section of Part 3, which also applies to a single Annual Fee for a group of Additional Cards 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.

Not stated here

• The refund policy is in Part 3 and is analyzed from that text.

Legal Rights & Agreement Rules · Company practice

Notices are sent by mail, courier or electronically and count as given when sent

American Express sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails it or delivers it electronically.

Supporting quotations

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

Not stated here

• The passage does not say how long after sending you must be treated as having received a notice.

Use & Processing · Permission or license

You authorize contact by phone, text, email and push notifications, including automated dialers

If American Express needs to contact you to service your account or to collect amounts you owe, you authorize it (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 it, or at which it believes it can reach you. It may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or any other method permitted by law. It may use an automated dialer or prerecorded messages, and may contact you on a mobile, wireless or similar device even if you are charged for it.

Supporting quotations

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

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

Qualifications & exceptions

• The passage ties the authorization to servicing the account or collecting amounts owed.

Not stated here

• The passage does not describe a way to withdraw this authorization.

Data Access & Collection · Company practice

Calls with American Express may be monitored and recorded

American Express may monitor and record any calls between you and it.

Supporting quotations

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

Not stated here

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

Account & Service Control · Restriction or exception

You must tell American Express promptly if contact details change

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

Supporting quotations

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

Not stated here

• The passage does not name the source of the information used to update a billing address.

Legal Rights & Agreement Rules · Restriction or exception

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

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

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.

Not stated here

• The final sentence ("you must cooperate with us if we decide to do so") most naturally refers to American Express pursuing the merchant, but the passage does not say so in so many words.
• This passage does not describe the billing-error or dispute procedure; other parts of the Agreement are analyzed from their own text.

Data Access & Collection · Permission or license

American Express may obtain credit reports and other information about you and use it for any purpose

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 information to verify and re-verify your employment and income. You agree that it will use such 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.

Not stated here

• "Other sources" are not listed, and the passage does not say how often information is obtained.

Sharing & Disclosure · Company practice

American Express gives Account information to credit reporting agencies

You agree that American Express will give information about the Account to credit reporting agencies. It will tell a credit reporting agency if you fail to comply with the terms of the Agreement, which may have a negative impact on your credit report. If you believe information given to a credit reporting agency is incorrect, you can write to American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, and tell it the specific information you believe is incorrect.

Supporting quotations

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.

Not stated here

• The passage does not name the credit reporting agencies or describe how American Express responds to a written notice.

Account & Service Control · Restriction or exception

When American Express may treat the Account as in default

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

Supporting quotations

We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

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

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

Qualifications & exceptions

• The wording is "may consider": default is a right of American Express, not an automatic result.

Not stated here

• The last trigger rests on American Express's belief; the passage does not define what evidence supports it.
• "A provision of this Agreement" means the Agreement text supplied here; any separate document it may refer to is not supplied here, and this card cannot say what such a document requires.

Account & Service Control · Permission or license

After default, incapacity or death, American Express may suspend, cancel or demand payment

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

Supporting quotations

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

suspend your ability to make charges,

cancel or suspend any feature on your Account,

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

require you to pay your Account balance immediately.

Charges & Financial Obligations · Restriction or exception

You agree to pay reasonable collection costs including attorneys' fees

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 · Permission or license

American Express may close or suspend the Account at any time and for any reason

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

Supporting quotations

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

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

Not stated here

• The reinstatement fee amount is not stated here; the Part 1 fee table lists a $25 fee when a cancelled Account is re-opened at your request.

Charges & Financial Obligations · User right or choice

You may close the Account; Annual Fee refund within 30 days, with a Massachusetts exception

You may close your Account by calling or writing to American Express. If an Annual Fee applies, it will refund the fee if you notify it 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 that 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 American Express re-opens it at your request, it may charge you a $25 fee.

Supporting quotations

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

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

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

Not stated here

• The passage does not say what refund applies to a Massachusetts billing address, since the refund policy "will not apply" to it; other Massachusetts terms are not in this passage.

Cross-references

• qualifies (model-proposed): Annual fee is $650; $0 for additional cards — The Annual Fee is refundable if you close the Account within 30 days after the Closing Date of the statement on which it appears, except for Massachusetts billing addresses.

Use & Processing · Permission or license

Paying by check authorizes a one-time electronic debit of your bank account

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

Supporting quotations

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

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

Not stated here

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

Charges & Financial Obligations · Company practice

Foreign currency charges are converted to U.S. dollars by AEEML

If you make a charge in a foreign currency, AE Exposure Management Ltd. (AEEML) converts it into U.S. dollars on the date American Express or its agents process it, and American Express bills you in U.S. dollars based on that conversion. Unless a particular rate is required by law, AEEML chooses a conversion rate that is 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. This 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.

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

• This concerns the exchange rate used; the Rates and Fees Table lists no Foreign Transaction fee for this Card.

Not stated here

• The rate AEEML actually uses on a given day is not stated, and the passage says only that it is "no more than" the stated ceilings.

Cross-references

• qualifies (model-proposed): No foreign transaction fee is listed — No Foreign Transaction fee is listed, but foreign currency charges are still converted at a rate AEEML chooses, so the conversion rate is a separate point from the fee.

Data Access & Collection · Company practice

Charges at federal agencies: charge information is collected and may be used for 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

• The passage applies to charges at federal agencies that accept the Card under authority of statute.

Not stated here

• Which charge information is collected is not stated, and routine uses by agencies are published elsewhere (the Federal Register) and are not supplied here.

Charges & Financial Obligations · Company practice

American Express and affiliates may tell you about insurance and other products and may be compensated

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

Supporting quotations

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

Not stated here

• The passage does not name the products or providers or state the amount of compensation.

Sharing & Disclosure · Company practice

American Express may share information about you with affiliates and may be compensated

American Express may share information about you with its affiliates so they can identify products that may interest you. 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 passage does not say which information is shared, which affiliates receive it, or whether you can opt out.

Account & Service Control · Permission or license

American Express may add, change or remove benefits, features or services

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

Supporting quotations

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

Not stated here

• The passage does not describe notice before a benefit changes.

Legal Rights & Agreement Rules · Permission or license

American Express may transfer the Account without notice; you may not; no waiver of rights

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 any of your obligations under the Agreement. American Express may choose to delay enforcing or not exercise rights under the Agreement, and if it does, it does not waive its rights to exercise or enforce them 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 do not waive our rights: We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.

Legal Rights & Agreement Rules · Company practice

Utah and federal law govern; Maryland billing addresses elect a Maryland statute

Utah law and federal law govern the Agreement and your Account without regard to internal principles of conflicts of law. American Express says it entered into the Agreement with you in Utah, where it is located and holds your Account. For Maryland residents: if your Account has a Maryland billing address, American Express elects 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.

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.

Not stated here

• Whether Maryland law applies to a given Account is not decided by this passage ("to the extent, if any").

Charges & Financial Obligations · User right or choice

Notice to Oregon residents: service charges and paying more than the minimum

For Oregon residents, the notice says service charges not in excess of those permitted by law will be charged on the 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.

Not stated here

• The passage does not say what the limit on permitted service charges is.

Legal Rights & Agreement Rules · User right or choice

Notice for Washington State residents: interest from a merchant's delayed credit

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

Supporting quotations

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

Not stated here

• The cited Revised Code of Washington section is not supplied here and is not interpreted by this card.
• The sentence can be read as making the notification condition cover both the merchant's delay and American Express's own failure to post the credit within three working days, or as stating the second as a separate cause; the source does not resolve this.

Legal Rights & Agreement Rules · Procedure

Claims Resolution: call Customer Service first; the section includes an arbitration provision

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

Supporting quotations

Claims Resolution

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

Not stated here

• The steps for rejecting arbitration are in the Your Right to Reject Arbitration passage, analyzed from its own text.

Legal Rights & Agreement Rules · Context

"You" and "us" in this section include related companies; what a Claim is

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. A Claim means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision.

Supporting quotations

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

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

Not stated here

• Who decides disputes over the validity, enforceability or scope of the Arbitration provision is not stated in this passage.

Legal Rights & Agreement Rules · Company practice

Claims include contract, tort, statute claims, third-party claims and rewards or benefits claims

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 any account created under any of the agreements or its balances, advertisements, promotions or statements related to accounts or goods or services financed under them, 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 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 is introduced by "includes but is not limited to"; it is not exhaustive.

Not stated here

• "Any of the agreements" in item (4)(a) is not defined in this passage.

Legal Rights & Agreement Rules · Procedure

Send a written claim notice before any lawsuit, mediation or arbitration

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 give an opportunity to resolve the claim informally or through mediation. The notice must describe the claim and state the specific relief demanded. Notice to you may be 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. A sample claim notice is referred to at americanexpress.com/claim.

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 not supplied here.
• The passage does not say what happens if a claim notice is not sent.

Legal Rights & Agreement Rules · Procedure

Mediation: optional, American Express pays the mediator's fees

In mediation, a neutral mediator helps parties resolve a claim but does not decide it. Before beginning mediation, a claim notice must first be sent. 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 fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. Statutes of limitation are tolled from the date the claim notice is sent until termination of the mediation, either side may terminate the mediation at any time, and submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice.

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.

Not stated here

• The passage does not say whether you may submit the claim to mediation after the 30-day window.

Legal Rights & Agreement Rules · Permission or license

Either side may elect individual arbitration

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

Supporting quotations

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

Qualifications & exceptions

• For a covered borrower under the Military Lending Act, Part 2 says the Arbitration provision does not apply, although a covered borrower may elect arbitration.

Cross-references

• has exception (model-proposed): Covered borrowers: the arbitration provision does not apply, but they may elect arbitration — For a covered borrower under the Military Lending Act, the Arbitration provision does not apply, although the covered borrower may elect arbitration.
• has exception (model-proposed): No arbitration of individual small claims court claims; when arbitration may still be elected — American Express will not elect arbitration for an individual claim pending only in small claims court.
• has exception (model-proposed): You may reject arbitration by written notice within 45 days of your first Card purchase — A compliant written rejection within 45 days means the Arbitration provision does not apply to you.

Legal Rights & Agreement Rules · Restriction or exception

If arbitration is chosen: no court, jury or class proceedings

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

Supporting quotations

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

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

Not stated here

• Which other court rights "may" be unavailable is not specified.

Legal Rights & Agreement Rules · Company practice

Arbitration procedures, arbitrator authority, joinder and finality

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and American Express alone, and claims may not be joined or consolidated unless you and American Express agree in writing. An arbitration award and any judgment confirming it applies 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.

Supporting quotations

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing.

An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding.

Not stated here

• The appeal and other exceptions to finality are in later passages of the Claims Resolution section.

Legal Rights & Agreement Rules · Procedure

How arbitration is started and which organizations hear it

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

Supporting quotations

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).

Not stated here

• The text of the Federal Arbitration Act is not supplied here and is not interpreted by this card.
• The rules of JAMS and AAA are separate documents that are not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

No arbitration of individual small claims court claims; when arbitration may still be elected

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

Supporting quotations

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

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

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

Qualifications & exceptions

• The small claims promise is by American Express and applies only while the claim is individual and pending only in that court; the passage does not limit your own right to elect arbitration.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration — American Express will not elect arbitration for an individual claim pending only in small claims court.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only; no class or representative arbitration

If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. If any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than that sentence) will not apply, without waiving the right to appeal such decision.

Supporting quotations

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

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

Not stated here

• The passage does not say who decides whether a Limitations on Arbitration portion is invalid or unenforceable.

Legal Rights & Agreement Rules · Procedure

Arbitration procedures: governing law, evidence, confidentiality and hearing options

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, and does 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. The arbitration will be confidential: American Express will not disclose the content of the proceeding or its outcome to anyone, but you or American Express 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 is conducted solely on documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator provides a brief written explanation of the award. At your election, hearings take place in the federal judicial district of your residence.

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.

section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA)

Not stated here

• The Federal Arbitration Act is not supplied here and is not interpreted by this card.

Legal Rights & Agreement Rules · Procedure

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

Supporting quotations

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

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.

Not stated here

• This passage states no condition (such as an award amount or type of relief) that limits who may appeal.
• The arbitration organization's appellate rules are separate documents that are not supplied here.

Legal Rights & Agreement Rules · Company commitment

Arbitration fees: your share is capped at court filing fees

You are responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. American Express is responsible for any additional arbitration fees. At your written request, it 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.

Supporting quotations

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

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

Qualifications & exceptions

• The advance of fees and payment for an expert are matters American Express will "consider in good faith"; the passage does not promise them.

Legal Rights & Agreement Rules · User right or choice

Additional award if the arbitrator beats American Express's final offer

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

Supporting quotations

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

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

Not stated here

• The passage does not say what happens if American Express made no final offer.

Legal Rights & Agreement Rules · User right or choice

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

Supporting quotations

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

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

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

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

Not stated here

• The sample rejection notice at americanexpress.com/reject is not supplied here.
• The passage does not say whether a rejection can be sent after the 45 days.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration — A compliant written rejection within 45 days means the Arbitration provision does not apply to you.

Legal Rights & Agreement Rules · Company practice

The Claims Resolution section survives account end; invalid parts do not void the rest

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

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.

Legal Rights & Agreement Rules · Context

Part 1 of the Marriott Bonvoy Brilliant card agreement, as of 06/30/2026

This is Part 1 of 3 of the Card Member Agreement for the Marriott Bonvoy Brilliant American Express Card. It says it is as of 06/30/2026 and names American Express National Bank as the issuer. It holds the Rates and Fees Table, an explanation of how rates and fees work, and the supplement on the reward program.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Marriott Bonvoy Brilliant® American Express® Card

Qualifications & exceptions

• The date shown is the "As of" date printed on Part 1; this passage does not say when the terms take effect for any particular Card Member.

Not stated here

• The other parts of the Card Member Agreement are analyzed from their own text in this document; this passage only identifies Part 1.

Charges & Financial Obligations · Company practice

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

The Annual Percentage Rate for purchases is not a fixed number. The table gives it as the Prime Rate plus a margin, in a range from Prime Rate + 12.74% to Prime Rate + 21.74%, and says it is a variable APR. The table points to the Explanation of Variable Rates for how it varies.

Supporting quotations

Prime Rate + 12.74% to Prime Rate + 21.74%

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

Qualifications & exceptions

• The APR is stated as a margin over the Prime Rate, not as a percentage on its own.
• Variable APRs will not exceed 29.99% (see the Explanation of Variable Rates card).

Not stated here

• This passage does not say what determines where within the 12.74% to 21.74% margin range a Card Member's APR falls.
• The Rates and Fees Table shows no Daily Periodic Rate (DPR) values; it gives APRs only.

Charges & Financial Obligations · Company practice

Cash advance APR is variable, Prime Rate plus 21.99%

The APR for cash advances is the Prime Rate plus 21.99%. The table says it is a variable APR and points to the Explanation of Variable Rates.

Supporting quotations

Prime Rate + 21.99%

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

Qualifications & exceptions

• What counts as a cash advance is defined in Part 2 (see the cash advance fee card).

Charges & Financial Obligations · Permission or license

Penalty APR of Prime Rate plus 26.74% may be applied after a missed or returned payment

The Penalty APR is the Prime Rate plus 26.74%, and it is a variable APR. American Express says it has 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 if your payment is returned by your bank. The wording is a right to apply it, not a statement that it applies automatically.

Supporting quotations

Prime Rate + 26.74%

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

Qualifications & exceptions

• The passage applies the Penalty APR to new Transactions; it does not say the Penalty APR is applied to balances that already exist.

Not stated here

• The phrase "we will notify you if we do" follows the returned-payment condition; it most naturally means American Express will notify you if it applies the Penalty APR, but the sentence does not say so in so many words, and this passage does not state how or when notice is given.

Cross-references

• qualified by (model-proposed): How long the Penalty APR applies and how it ends — How long the Penalty APR applies and how it ends limits the right to apply it after a missed or returned payment.

Charges & Financial Obligations · Company practice

How long the Penalty APR applies and how it ends

If the Penalty APR is applied, it applies for at least 6 months. American Express will review the Account every 6 months after the Penalty APR is applied. The Penalty APR continues to apply until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

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.

Not stated here

• The passage does not define "timely payments" beyond the earlier trigger (at least the Minimum Payment Due by the Payment Due Date).

Cross-references

• qualifies (model-proposed): Penalty APR of Prime Rate plus 26.74% may be applied after a missed or returned payment — How long the Penalty APR applies and how it ends limits the right to apply it after a missed or returned payment.

Charges & Financial Obligations · Company practice

Variable APRs follow the Prime Rate and will not exceed 29.99%

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

Supporting quotations

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

When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed.

Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• The 29.99% cap is stated for "variable APRs"; the Rates and Fees Table also describes the Penalty APR as a variable APR.

Not stated here

• The passage mentions DPRs, but the Rates and Fees Table in Part 1 lists no DPR values. This card does not compute DPRs from the APRs.

Charges & Financial Obligations · Company practice

How the Prime Rate is determined

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

Supporting quotations

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

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

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

Not stated here

• Which other newspaper would be used is not stated; the wording is permissive ("may").

Charges & Financial Obligations · Company commitment

Paying in full avoids purchase interest; cash advance interest starts on the transaction date

Your Due Date is at least 25 days after each billing period closes. American Express will not charge interest on purchases if you pay your entire balance each month by the due date. If you have a plan outstanding, the amount that must be paid is your balance adjusted for plans, and an active Plan It plan allows an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date. Interest on cash advances begins on the transaction date.

Supporting quotations

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

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

We will begin charging interest on cash advances 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 no-interest promise covers purchases only and depends on paying the entire balance each month.

Not stated here

• This table row does not say how interest on purchases is charged when the entire balance is not paid; the interest sections of Part 1 and Part 2 are analyzed from their own text.

Cross-references

• qualified by (model-proposed): Interest Free Period: no interest on purchases while you pay the New Balance by the due date — The Interest Free Period passage states the conditions for the table row's no-interest-on-purchases promise: pay the New Balance (or the Balance Adjusted for Plans with an active plan) by the Payment Due Date, or have had no previous balance.

Charges & Financial Obligations · Company practice

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

A Plan It plan has a monthly fee, called a Plan Fee (Fixed Finance Charge), of up to 1.33% of each purchase or amount moved into a plan. The fee depends on the plan duration, the APR that would otherwise apply to the purchase, and other factors. It is a fixed finance charge charged each month a plan is active, and the dollar amount is disclosed before you set up a plan. When you set up a plan, the purchases or amount go into a plan balance and are subject to a 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.

Not stated here

• The "other factors" that set the plan fee are not listed in these passages.
• The actual percentage for a specific plan is not in the agreement; the passage says the dollar amount is disclosed before you set up a plan.

Cross-references

• defined by (model-proposed): Plan It: qualifying purchases or amounts paid over time for a plan fee — Part 2 explains how Plan It works and which purchases qualify; the table and Fees section state the plan fee.
• qualified by (model-proposed): Plans cannot be cancelled, but can be paid off early without further plan fees — Paying a plan off early ends future plan fees on that plan, which limits the monthly fee charged each month a plan is active.

Legal Rights & Agreement Rules · Context

Rates table points to Consumer Financial Protection Bureau credit card tips

The table refers readers who want to learn more about factors to consider when applying for or using a credit card to the Consumer Financial Protection Bureau website. It is a pointer to outside information, not a term of the Account.

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 linked website is not part of the supplied text and is not analyzed here.

Charges & Financial Obligations · Company practice

Annual fee is $650; $0 for additional cards

The Annual Fee is $650, shown in the Rates and Fees Table. The Fees section points back to that table. The Annual Fee for Additional Cards is listed as None. Fees are added to the purchase balance unless American Express tells you otherwise.

Supporting quotations

Annual Fee | $650

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

Annual Fee for Additional Cards: None.

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

Not stated here

• The passages do not say when during the year the Annual Fee is charged.
• What "unless we tell you otherwise" would involve is not described in this passage.

Cross-references

• qualified by (model-proposed): You may close the Account; Annual Fee refund within 30 days, with a Massachusetts exception — The Annual Fee is refundable if you close the Account within 30 days after the Closing Date of the statement on which it appears, except for Massachusetts billing addresses.

Charges & Financial Obligations · Company practice

Cash advance fee: the greater of $10 or 5%

The fee for each cash advance is either $10 or 5% of the amount, whichever is greater. The Fees section says the 5% is calculated on the cash advance transaction including any fees charged by the ATM operator, with a minimum of $10, and the fee is added to the Cash Advance balance. Part 2 defines a cash advance as a charge to get cash or cash equivalents, with examples that include 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

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

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

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

• Cash advances also have their own APR and interest starts on the transaction date (see the other cards).

Cross-references

• defined by (model-proposed): Defined charge types: purchase, cash advance, balance transfer, person-to-person — Part 2 defines what a cash advance is, which determines when the cash advance fee, APR and interest timing apply.

Charges & Financial Obligations · Company practice

No foreign transaction fee is listed

The Rates and Fees Table and the Fees section both show Foreign Transaction as None, meaning this agreement lists no foreign transaction fee for the Card.

Supporting quotations

None

Foreign Transaction: None.

Qualifications & exceptions

• In the combined table row, the values follow the order of the labels: the cash advance fee first, then None for Foreign Transaction.

Not stated here

• The passage speaks only to a fee this agreement charges; it does not describe how foreign-currency charges are converted or whether others (such as merchants or networks) add charges.

Cross-references

• qualified by (model-proposed): Foreign currency charges are converted to U.S. dollars by AEEML — No Foreign Transaction fee is listed, but foreign currency charges are still converted at a rate AEEML chooses, so the conversion rate is a separate point from the fee.

Charges & Financial Obligations · Company practice

Late payment fee: $29, then $40 for a repeat within 6 billing periods

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

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

Qualifications & exceptions

• In the table row, the values follow the order of the labels: Late Payment up to $40, Returned Payment up to $40, Overlimit None.

Charges & Financial Obligations · Company practice

Returned payment fee: $29, then $40 for a repeat

The returned payment fee is up to $40. 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 returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Supporting quotations

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

Charges & Financial Obligations · Company practice

Returned check fee: $38 plus the unpaid amount

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

Supporting quotations

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

Not stated here

• The list of approved locations is not in this passage.

Charges & Financial Obligations · Company practice

No overlimit fee

The Overlimit fee is None. The Fees section directs you to Credit Limit and Cash Advance Limit in Part 1 for how limits work.

Supporting quotations

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

Not stated here

• The cited label "Credit Limit and Cash Advance Limit" matches the lead-in "Credit limit and Cash Advance Limit:" of the Part 1 limits section, which is analyzed from its own text.

Cross-references

• refers to (model-proposed): American Express may approve charges over the Credit Limit without an overlimit fee — The Fees section's overlimit entry (None) points to the Part 1 limits section, which says American Express may approve charges over the Credit Limit without an overlimit fee.

Charges & Financial Obligations · Company practice

Account re-opening fee: $25

If your Account is cancelled, you ask American Express to re-open it, and it does so, the fee is $25.

Supporting quotations

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

Charges & Financial Obligations · Company practice

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

American Express uses the average daily balance method (including new purchases) to calculate interest, 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.

Not stated here

• The calculation details are in Part 2 and are analyzed from that text.