Terms of Service

Legal Rights & Agreement Rules · Context

The Terms are dated “Last Modified: March 1, 2019” and were formerly titled “Rules, Regulations and Disclaimers”

The document is titled Terms of Service and says it was formerly known as Rules, Regulations and Disclaimers. It prints a single date line, “Last Modified: March 1, 2019”. This analysis covers the saved copy of this page with that date.

Supporting quotations

(formerly known as Rules, Regulations and Disclaimers)

Last Modified: March 1, 2019

Qualifications & exceptions

• The date is American Express's own printed line in the saved copy; it is not independently confirmed.

Not stated here

• The text does not say what changed in the March 1, 2019 version or whether a later version exists.

Legal Rights & Agreement Rules · Context

Visiting any American Express website, mobile app or other digital property counts as agreeing to these terms

The terms are issued by American Express Company, its subsidiaries and affiliates (called “American Express”, “we” and “our”). They apply to all visitors to American Express's websites, mobile applications or other digital properties and services, each called a “Site”. The text says that by accessing a Site you indicate your acknowledgment and agreement to these terms and conditions, so no separate sign-up step is described: access itself is the stated trigger.

Supporting quotations

American Express Company, its subsidiaries and affiliates

all visitors to our website(s), mobile application(s) or other digital properties and services

By accessing a Site you indicate your acknowledgment and agreement to these terms and conditions.

Qualifications & exceptions

• The defined term “Site” covers websites, mobile applications and other digital properties and services of American Express, not only the page that carries these terms.

Not stated here

• The text does not say how these terms relate to cardmember agreements, product or program terms or the Internet Privacy Statement; none of those is supplied here.
• No region, product or audience limit is stated in this opening.

Legal Rights & Agreement Rules · Restriction or exception

Your access to and use of any Site is subject to all applicable international, federal, state and local laws

Under the Laws and Regulations heading, American Express states that a user's access to and use of any Site is subject to all applicable international, federal, state and local laws and regulations. The sentence does not name any particular law.

Supporting quotations

LAWS AND REGULATIONS

User access to and use of any Site is subject to all applicable international, federal, state and local laws and regulations.

Not stated here

• Which laws apply to a given user is not specified here; the Jurisdiction/Governing Law section later in the document is read separately.

Content & IP Rights · Restriction or exception

You may not use American Express or third-party trademarks, including as metatags, without written permission

American Express says the trademarks, logos and service marks it calls “Marks” that appear on the Sites belong to American Express and other parties. Users are prohibited from using any Marks for any purpose, and the example given is use as metatags on other pages, websites or digital properties, unless American Express or the third party that owns the Marks gives written permission. The permission has to be in writing and from the owner of the particular Mark.

Supporting quotations

COPYRIGHT/TRADEMARKS

The trademarks, logos and service marks ("Marks") displayed on the Sites are the property of American Express and other parties.

Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages, websites or digital properties without the written permission of American Express or such third party which may own the Marks.

Qualifications & exceptions

• “Including, but not limited to” means metatag use is an example, not the only covered use.

Not stated here

• The text does not say how to ask for permission or who grants it.
• A later list of American Express marks is described as not comprehensive; it is read in its own section.

Cross-references

• referred to by (model-proposed): American Express lists trademarks and service marks that may appear on the Sites and says the list is not comprehensive — The later list names marks of American Express Company, its subsidiaries and affiliates that may appear on the Sites. The earlier Marks rule requires written permission to use any Marks. The list is not comprehensive, so it does not limit which marks the rule covers.

Content & IP Rights · Restriction or exception

Site content, including software, is stated to be copyrighted; users may not copy or use it commercially or publicly

American Express defines “Content” as all information and content, including any software programs, available on or through a Site, and says it is protected by copyright. It then prohibits users from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes. The words “for commercial or public purposes” come at the end of the list of acts. The text does not say whether they limit every act in the list or only the last one (“using”), so how this treats personal, non-commercial viewing or copying is not stated. Unlike the Marks sentence, this one names no written-permission exception.

Supporting quotations

All information and content including any software programs available on or through a Site ("Content") is protected by copyright.

Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through a Site for commercial or public purposes.

Qualifications & exceptions

• The prohibited purposes are “commercial or public”; the text does not define either word.

Not stated here

• Whether the purpose phrase applies to the whole list of acts or only the final one is ambiguous in the source and left open here.
• No personal-use or fair-use permission appears in this section; whether one exists elsewhere is not shown.

Linking & Identification · Restriction or exception

American Express says it cannot control linked or framed third-party content and that a link is not an endorsement

American Express says its Sites may link to other websites or digital properties to reach third-party material, or may bring third-party material into a Site through “inverse” hyperlinks and framing technology; the text calls any such site a “Linked Site”. It states that it has no discretion to alter, update or control the content on a Linked Site, and that providing a link is not an endorsement, authorization, sponsorship or affiliation with that site, its owners or its providers. It urges you to understand the risks of relying upon, using or retrieving information from the internet before doing so on a Linked Site.

Supporting quotations

HYPERLINKING TO OTHER WEBSITES

AMERICAN EXPRESS HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE.

THE FACT THAT AMERICAN EXPRESS HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS.

Qualifications & exceptions

• “Linked Site” includes third-party material brought into a Site by framing, not only separate websites.

Not stated here

• The text does not say which sites or content count as third-party in a given page.

Legal Rights & Agreement Rules · Restriction or exception

American Express provides Site content, products and services “as is” and disclaims express and implied warranties

American Express states that all content, products and services on the Sites, or obtained from a Linked Site, are provided to you “as is”, without warranty of any kind, express or implied. The disclaimed warranties are introduced by “including, but not limited to”, and the list names implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security and accuracy. The paragraph itself states no exception for consumer-protection law; that wording appears in a later paragraph, and this section does not say whether it also reaches this disclaimer.

Supporting quotations

NO WARRANTIES

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITES, OR OBTAINED FROM A LINKED SITE, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY

Qualifications & exceptions

• The disclaimer is not limited to the listed warranties.

Not stated here

• The text does not say whether card, account or payment services described in other agreements are treated as “services on the Sites” for this disclaimer.

Legal Rights & Agreement Rules · Restriction or exception

American Express does not endorse or take responsibility for others' statements or for linked-site content and products

American Express states that it does not endorse, and is not responsible for, three things: (A) the accuracy or reliability of any opinion, advice or statement made through a Site by anyone other than American Express; (B) any content on Linked Sites; and (C) the capabilities or reliability of any product or service obtained from a Linked Site.

Supporting quotations

AMERICAN EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH A SITE BY ANY PARTY OTHER THAN AMERICAN EXPRESS, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

Qualifications & exceptions

• Statements by American Express itself are outside item (A).

Not stated here

• The text does not say who, other than American Express, may post statements through a Site; the Postings section is read separately.

Legal Rights & Agreement Rules · Restriction or exception

Except as consumer protection law requires, Amex is not liable for loss from your reliance on Site information

American Express states that, other than as required under applicable consumer protection law, it will under no circumstance be liable for any loss or damage caused by a user's reliance on information obtained through a Site or a Linked Site, or on any product or service obtained from a Linked Site. It adds that the user is responsible for evaluating the accuracy, completeness or usefulness of any opinion, advice or other content, and asks users to seek professional advice as appropriate. Among the liability paragraphs in this part of the document, this is the one that states an exception; it names consumer protection law without saying which law.

Supporting quotations

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL AMERICAN EXPRESS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH A SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE.

PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE

Qualifications & exceptions

• The exception is for what applicable consumer protection law requires; the text does not name the law or say how much it requires.

Not stated here

• The text does not say which consumer protection laws are meant.

Cross-references

• contrast (model-proposed): American Express, its affiliates and personnel say they are not liable for damages from using the Sites or Linked Sites — The reliance paragraph states an exception for what applicable consumer protection law requires. The damages exclusion in the same section states no such exception in its own wording. The text does not say whether the exception also applies to the damages exclusion.

Legal Rights & Agreement Rules · Restriction or exception

American Express says Site content may be wrong or out of date and that it may change content and the Sites at any time

Under the heading Limitation of Liability for Use of the Site and Linked Sites, American Express says information, software, products and descriptions of services published on a Site or Linked Site may include inaccuracies or typographical errors, and it specifically disclaims liability for them. It does not warrant that Site content is complete or up to date and is under no obligation to update it. It may change the content on its Sites at any time without notice, and may make improvements or changes to its Sites at any time; the words “without notice” are written in the sentence about content changes and are not repeated in the sentence about improvements or changes to the Sites.

Supporting quotations

LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES

MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AMERICAN EXPRESS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.

AMERICAN EXPRESS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON ITS SITES IS COMPLETE OR UP-TO-DATE. AMERICAN EXPRESS IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON ITS SITES.

AMERICAN EXPRESS MAY CHANGE THE CONTENT ON ITS SITES AT ANY TIME WITHOUT NOTICE. AMERICAN EXPRESS MAY MAKE IMPROVEMENTS OR CHANGES TO ITS SITES AT ANY TIME.

Not stated here

• The text does not say whether account-specific information (for example balances shown to a logged-in user) is treated as “content” under this disclaimer.

Legal Rights & Agreement Rules · Restriction or exception

American Express, its affiliates and personnel say they are not liable for damages from using the Sites or Linked Sites

Under the same heading, the text says you agree that American Express, its affiliates and any of their respective officers, directors, employees or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, punitive, special, consequential, incidental or indirect damages. Lost profits, cost of procuring substitute service and lost opportunity are given as examples (“including without limitation”). The exclusion covers damages arising out of or in connection with use of its Sites or a Linked Site, or the delay or inability to use them, even if American Express is made aware of the possibility of such damages. This sentence does not repeat the consumer-protection-law wording used in the reliance paragraph.

Supporting quotations

LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES

YOU AGREE THAT AMERICAN EXPRESS, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES

ARISING OUT OF OR IN CONNECTION WITH THE USE OF ITS SITES OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE ITS SITES OR A LINKED SITE, EVEN IF AMERICAN EXPRESS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Qualifications & exceptions

• Examples of covered damages (lost profits, cost of procuring substitute service, lost opportunity) are introduced by “including without limitation”.

Not stated here

• The text does not say whether any law limits this clause or whether it applies to card or account services that other agreements govern.

Cross-references

• contrast (model-proposed): Except as consumer protection law requires, Amex is not liable for loss from your reliance on Site information — The reliance paragraph states an exception for what applicable consumer protection law requires. The damages exclusion in the same section states no such exception in its own wording. The text does not say whether the exception also applies to the damages exclusion.

Security & Safeguards · Restriction or exception

The liability limit includes viruses, unauthorized access, theft and force majeure; secure access is not guaranteed

The paragraph continues that the limitation on liability includes, but is not limited to, the transmission of viruses that may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, and telephone or other interconnect problems. It also lists unauthorized access, theft, operator errors, strikes or other labor problems, and any force majeure. It closes by saying American Express cannot and does not guarantee continuous, uninterrupted or secure access to its Sites. The text lists unauthorized access and theft without saying whose systems or accounts they concern.

Supporting quotations

THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS

UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE

AMERICAN EXPRESS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SITES.

Qualifications & exceptions

• The list is introduced by “includes, but is not limited to”, so it gives examples rather than all covered events.

Not stated here

• The text does not say whether “unauthorized access” or “theft” covers unauthorized access to a user's account; any account-fraud rule is outside this document.

Legal Rights & Agreement Rules · Restriction or exception

American Express says it is a mere agent for service providers, so claims about those services lie against the providers

Under the heading Limitation of Liability for Services Arranged Through the Sites, you are said to agree that American Express is a mere agent for the providers of services available through the Sites, including but not limited to travel services. The text then says any and all claims regarding any failure or breach with respect to the services offered through the Sites are limited to claims against any and all service providers. The next card covers the separate disclaimer for carriers and suppliers.

Supporting quotations

LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITES

YOU AGREE THAT AMERICAN EXPRESS IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES.

ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITES ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS.

Qualifications & exceptions

• Travel services are an example (“including but not limited to”); other services are not named.

Not stated here

• The text does not say which services other than travel are meant or how a user would identify the provider.
• Additional travel notices are said to be incorporated by reference in a later section; their linked text is not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

American Express disclaims liability for goods and services supplied by carriers and other suppliers through the Sites

Under the heading Limitation of Liability for Services Arranged Through the Sites, American Express disclaims any liability, whether based on contract, tort, strict liability or otherwise, including direct, punitive, special, consequential, incidental or indirect damages, in connection with goods or services provided by any carrier or other supplier through the Sites. The disclaimer is stated to include liability for any act, error, omission, injury, loss, accident, delay or irregularity incurred through the fault, negligent or otherwise, of that carrier or supplier. The sentence ends with “YOU HEREBY EXONERATE AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.” The saved text reads “INCIDENTAL OUR INDIRECT DAMAGES”; it is quoted as written and no correction is assumed.

Supporting quotations

LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITES

AMERICAN EXPRESS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITES

INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER

YOU HEREBY EXONERATE AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Qualifications & exceptions

• The disclaimer is tied to goods or services provided by a carrier or other supplier through the Sites, not to American Express's own content.

Not stated here

• The text does not say how this relates to the consumer-protection-law wording used in the reliance paragraph, or whether any law limits it.
• Travel notices and terms are said to be incorporated by reference in a later section; their linked text is not supplied here.

Security & Safeguards · Company commitment

American Express says it will keep confidential user communications with personal information sent directly to it

Under the heading Confidentiality of User Communications, American Express says it will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to American Express. The commitment is made “Except as required by law and in accordance with the American Express Internet Privacy Statement”, which the text links but which is not supplied here. Only communications sent directly to American Express are covered by this sentence.

Supporting quotations

CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and in accordance with the American Express Internet Privacy Statement

American Express will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to American Express.

Qualifications & exceptions

• The commitment is qualified by legal requirements and by the Internet Privacy Statement.

Not stated here

• The Internet Privacy Statement is only linked, not supplied, so how it limits this commitment is unknown.
• The text does not define “confidentiality”, name who inside American Express may see these communications or give a retention period.

Cross-references

• has exception (model-proposed): Message-board and chat-room postings are not confidential; American Express may use them and give them to affiliates — The confidentiality commitment covers communications sent directly to American Express. The next sentence says postings on a message board or in a chat room are not protected as confidential, and may be used and shared with affiliates.

Sharing & Disclosure · Permission or license

Message-board and chat-room postings are not confidential; American Express may use them and give them to affiliates

The same paragraph says postings by a user on any message board or in any chat room will not be protected as confidential. American Express may use and provide information contained in those postings, including any ideas, concepts, know-how or other intellectual property, to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by American Express. The text does not give the user a way to limit that use.

Supporting quotations

Postings by a user on any message board or in any chat room will not be protected as confidential and American Express may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by American Express.

Qualifications & exceptions

• Applies to postings on a message board or in a chat room; the text does not say which Sites have them.

Not stated here

• The text does not say whether the Postings section's rules on removing postings change this, or whether the user keeps ownership of posted material.

Cross-references

• exception to (model-proposed): American Express says it will keep confidential user communications with personal information sent directly to it — The confidentiality commitment covers communications sent directly to American Express. The next sentence says postings on a message board or in a chat room are not protected as confidential, and may be used and shared with affiliates.

Legal Rights & Agreement Rules · Restriction or exception

Your dealings with advertisers on the Sites are between you and them; American Express disclaims resulting loss

Under the heading Your Contact With Advertisers, American Express says your dealings, correspondence or participation in promotions with advertisers found on or through its Sites (including payment, delivery and any other terms or warranties) are solely between you and the advertiser. It makes no representations or warranties about advertising content or any products or services obtainable from advertisers. You agree that American Express will not be responsible or liable for loss or damage of any kind from (a) those dealings or correspondence, (b) the advertisers' content, products or services, or (c) the presence of advertisers on a Site.

Supporting quotations

YOUR CONTACT WITH ADVERTISERS

are solely between you and such advertisers

American Express makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers.

You agree that American Express will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on a Site.

Qualifications & exceptions

• The exclusion covers three listed causes: dealings with advertisers, advertisers' content, products or services, and advertisers' presence on a Site.

Not stated here

• The text does not say who counts as an advertiser or whether American Express's own offers are included.

Linking & Identification · Restriction or exception

American Express prohibits caching, unauthorized hypertext links to the Sites and framing of Site content

Under the heading Linked Internet Sites, American Express prohibits caching, unauthorized hypertext links to the Sites and the framing of any Content available through its Sites. It reserves the right to disable any unauthorized links or frames. The word “unauthorized” sits next to the hypertext links; the text does not say whether it also limits the ban on framing, and it does not say how a link becomes authorized. This restricts what others do with American Express's Sites, in contrast to the earlier statement that the Sites may themselves frame third-party material.

Supporting quotations

LINKED INTERNET SITES

American Express prohibits caching, unauthorized hypertext links to the Sites and the framing of any Content available through its Sites.

American Express reserves the right to disable any unauthorized links or frames

Not stated here

• How a link is authorized is not described.
• Whether “unauthorized” also modifies framing is ambiguous in the source and left open.

Linking & Identification · Restriction or exception

Linked sites have their own terms and privacy provisions; American Express disclaims responsibility for them

American Express disclaims responsibility for the content available on any other websites or digital properties linked to a Site and says access to those sites is at the user's own risk. It tells users that Linked Sites may have rules and regulations, privacy, confidentiality, transmission-of-personal-data and other provisions that differ from those on the Site, and that it is not responsible for them and disclaims any liability related to them. Unless otherwise stated, all use of Linked Sites is governed by the Linked Site's terms and conditions and subject to its privacy and security policies and practices.

Supporting quotations

User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein.

specifically disclaims any responsibility for the Content available on any other websites or digital properties linked to a Site. Access to any other Internet sites linked to a Site is at the user's own risk.

User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. American Express is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

UNLESS OTHERWISE STATED, ALL USE OF LINKED SITES IS GOVERNED BY THE LINKED SITE’S TERMS AND CONDITIONS AND SUBJECT TO ITS PRIVACY AND SECURITY POLICIES AND PRACTICES.

Qualifications & exceptions

• “Unless otherwise stated” leaves room for a Site to say otherwise in a specific case.

Not stated here

• The text does not say where or how American Express would state otherwise.

Legal Rights & Agreement Rules · Restriction or exception

The Sites do not provide investment advice or offers; investor relations materials are for information only

Under the heading No Investment Advice or Offers, American Express says nothing in the Sites constitutes investment advice, including its filings with the Securities and Exchange Commission. It provides investor relations materials for convenience and information only, and says those materials and other Site content are not offers to sell or solicitations of an offer to buy any security.

Supporting quotations

NO INVESTMENT ADVICE OR OFFERS

Nothing in the Sites constitutes investment advice, including American Express' filings with the Securities and Exchange Commission.

investor relations materials and other Site content are not offers to sell or solicitation of an offer to buy any security

Not stated here

• The text does not say whether card or account product information on the Sites is covered by this statement; it speaks of investment advice and securities.

Legal Rights & Agreement Rules · Restriction or exception

Forward-looking statements on the Sites carry risks, speak only as of their date and will not be updated

Under the heading Forward Looking Information, American Express says certain information on the Sites contains forward-looking statements that are subject to risks and uncertainties and speak only as of the date they are made. Words such as believe, expect, anticipate, optimistic, intend, aim and will, or similar expressions, identify them. Readers are cautioned not to place undue reliance on them, and American Express undertakes no obligation to update publicly or revise any of them. Factors that could cause results to differ materially are said to be described in American Express's periodic reports, including its Form 10-K and Form 10-Q filings and its Annual Report to Shareholders.

Supporting quotations

FORWARD LOOKING INFORMATION

Certain information on the Sites contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made.

American Express undertakes no obligation to update publicly or revise any forward-looking statements.

Important factors that could cause actual results to differ materially from the company's forward-looking statements are described in American Express' periodic reports

Not stated here

• The periodic reports and the Form 10-K that the text points to are not supplied here, so the factors they describe are unknown.
• The sentence ending “Please click here to view such factors” refers to a link that is not shown in the saved text.

Legal Rights & Agreement Rules · Restriction or exception

Press releases and financial-community materials are said to be accurate when issued but may go stale

Under the heading Press Releases, American Express says press releases and other materials presented or released to the financial community that are contained on the Sites were, to the best of its knowledge, timely and accurate when issued. The accuracy statement is limited to “to the best of American Express' knowledge” and to the time of issue. The sentences that follow in the same paragraph, carded in the next packet, add that information can go stale.

Supporting quotations

PRESS RELEASES

All press releases and other materials presented or released to the financial community that are contained on the Sites were, to the best of American Express' knowledge, timely and accurate when issued.

Qualifications & exceptions

• The statement is about accuracy at the time of issue only.

Legal Rights & Agreement Rules · Context

The incorporated travel notices are on a separate linked page whose text is not part of this document

The travel section points users to a link labelled Travel Notices, Terms and Conditions. The previous card records that the Terms say these notices are incorporated by reference. The linked page's own text is not in the source supplied for this analysis, so this analysis cannot state what the travel notices provide, for example about fees, cancellations, supplier responsibility or how they rank against these Terms.

Supporting quotations

TRAVEL RELATED SERVICES

View Important

Travel Notices, Terms and Conditions

Qualifications & exceptions

• The link is described by the Terms as leading to “Important” travel notices, terms and conditions.

Not stated here

• The linked document's text is not supplied here, so this card cannot say what the travel notices provide.

Charges & Financial Obligations · Restriction or exception

Merchants must not accept American Express Cards for internet sales of products that violate copyright or trademark laws

Under the heading Notification to American Express Regarding Sales Over the Internet of Illegitimate Products, the text states that merchants must not accept American Express Cards for sales of products over the Internet that would constitute a violation of copyright or trademark laws applicable to the merchant or Cardmember. It calls such copyright-infringing or counterfeit trademark products “Illegitimate Products”. This sentence is addressed to merchants, not to people visiting the Sites as consumers.

Supporting quotations

NOTIFICATION TO AMERICAN EXPRESS REGARDING SALES OVER THE INTERNET OF ILLEGITIMATE PRODUCTS

Merchants must not accept American Express Cards for sales of products over the Internet that would constitute a violation of copyright or trademark laws applicable to the merchant or Cardmember

Qualifications & exceptions

• Audience: merchants. The term “Cardmember” is used here without a definition in this document.

Not stated here

• The merchant agreement or card-acceptance rules that would apply this sentence are not supplied here.

Legal Rights & Agreement Rules · Procedure

A Rights-Holder may notify American Express of alleged illegitimate-product sales by emailing a Notice Form

The text says you may notify American Express regarding sales by merchants of alleged Illegitimate Products by completing a Notice Form and sending it by email to antipiracy@aexp.com. The form must be submitted by a person or entity having the legal standing and authority to assert the applicable copyright or trademark right concerning the products, which the text calls a “Rights-Holder”. This is a separate channel from the earlier DMCA address for alleged infringement on the Sites themselves.

Supporting quotations

You may notify American Express regarding sales by merchants of alleged Illegitimate Products by completing this

and sending it by email to antipiracy@aexp.com.

The form must be submitted by a person or entity having the legal standing and authority to assert the applicable copyright or trademark right concerning the products (a "Rights-Holder").

Qualifications & exceptions

• The form must come from a person or entity with legal standing and authority to assert the right.

Not stated here

• The linked document's text is not supplied here: the Notice Form is a linked file, so this card cannot say what it asks for.
• The text does not say what American Express does after a notice.

Content & IP Rights · Context

American Express lists trademarks and service marks that may appear on the Sites and says the list is not comprehensive

Under the heading Trademarks and Service Marks, American Express says the following are trademarks and service marks of American Express Company, its subsidiaries and/or affiliates which may appear on the Sites, and that this is not a comprehensive list. The names listed include AMERICAN EXPRESS, the Box Logo, the Card Design, AMERICAN EXPRESS NATIONAL BANK, AMERICAN EXPRESS SELECTS, SAFEKEY, MEMBERSHIP REWARDS, BLUE FROM AMERICAN EXPRESS, CENTURION, GLOBAL ASSIST, OPTBLUE, PLATINUM CARD, PLUM CARD, and others. A mark missing from the list is not stated to be unprotected.

Supporting quotations

Trademarks and Service Marks

The following are trademarks and service marks of American Express Company, its subsidiaries and/or affiliates which may appear on the Sites. This is not a comprehensive list.

AMERICAN EXPRESS

AMERICAN EXPRESS Box Logo

AMERICAN EXPRESS Card Design

AMERICAN EXPRESS NATIONAL BANK AMERICAN EXPRESS SELECTS

AMERICAN EXPRESS SAFEKEY AMERICAN EXPRESS WORLD SERVICE & Design

AMERICAN EXPRESS @ WORK AMEX

BLUE FROM AMERICAN EXPRESS

BLUE FROM AMERICAN EXPRESS Card Design

CASH MAGNET CENTURION

DON’T LIVE LIFE WITHOUT IT DON’T DO BUSINESS WITHOUT IT Gladiator Head Design GLOBAL ASSIST

Globe Design

MEMBERSHIP REWARDS

OPTBLUE PAY IT PLAN IT PLATINUM CARD

PLUM CARD POWERFUL BACKING SHOP SMALL SMALL BUSINESS SATURDAY THE CENTURION

Qualifications & exceptions

• The list describes marks owned by American Express Company, its subsidiaries and/or affiliates; the earlier Copyright/Trademarks section also mentions marks of other parties.

Not stated here

• The text does not say what use of a listed mark is permitted beyond the written-permission rule in the earlier Marks section.

Cross-references

• refers to (model-proposed): You may not use American Express or third-party trademarks, including as metatags, without written permission — The later list names marks of American Express Company, its subsidiaries and affiliates that may appear on the Sites. The earlier Marks rule requires written permission to use any Marks. The list is not comprehensive, so it does not limit which marks the rule covers.

Content & IP Rights · Context

American Express lists 68 U.S. patents it owns or licenses that relate to Site products; the list is not complete

Under the heading Patents, American Express says the listed numbers are U.S. patents that American Express Company, its subsidiaries “or/or” affiliates own or hold a license to, which relate to products or services that may appear on its Sites, and that this is not a comprehensive list. The saved text then gives 68 patent numbers, 57 in three runs of 19 and 11 individually. The wording “or/or” is quoted as written. The text states no user right or duty about the patents.

Supporting quotations

Patents

The following are U.S. patents that American Express Company, its subsidiaries or/or affiliates own or hold a license to, which relate to products or services that may appear on our Sites. This is not a comprehensive list.

6,182,894 6,290,137 6,296,188 6,324,524 6,405,181 6,490,601 6,567,791 6,581,839 6,705,530 6,718,313 6,732,936 6,742,704 6,749,123 6,764,014 6,795,812 6,796,497 6,820,802 6,931,381 6,986,461

6,986,465 6,988,658 6,991,157 6,997,378 7,035,872 7,070,095 7,070,112 7,093,767 7,110,980 7,119,659 7,124,955 7,137,552 7,143,063 7,147,151 7,163,145 7,172,112 7,203,838 7,207,479 7,213,764

7,222,363 7,228,155 7,228,313 7,239,226 7,249,092 7,249,112 7,268,667 7,268,668 7,328,176 7,334,184 7,343,351 7,346,576 7,350,139 7,356,694 7,373,314 7,377,443 7,383,190 7,412,409 7,415,443

7,421,739

7,441,697

7,451,925

7,840,484

8,694,435

9,087,335

9,542,690

9,589,264

9,607,308

9,769,157

9,934,537

Qualifications & exceptions

• The patents are described as owned or licensed by American Express Company or its subsidiaries or affiliates.

Not stated here

• What any listed patent covers, and whether a listed patent affects use of a Site or card service, is not stated.

Legal Rights & Agreement Rules · Context

The Terms list two earlier versions, dated November 1, 2011 and April 18, 2007, with links

At the end, the document lists previous versions: one dated November 1, 2011 and one dated April 18, 2007, each as a link. It lists no earlier version between 2011 and the current March 1, 2019 date. The linked earlier versions are not supplied here.

Supporting quotations

Previous Version(s):

November 1, 2011

April 18, 2007

Qualifications & exceptions

• These are earlier versions; the Last Modified date of the version analysed is March 1, 2019 in the first section.

Not stated here

• The linked document's text is not supplied here, so this card cannot say how the earlier versions differ from this one.

Legal Rights & Agreement Rules · Restriction or exception

Press-release information can go stale; American Express has no duty to update it and tells viewers to check issue dates

Continuing the Press Releases section, American Express says the passage of time can render information stale and that viewers should not rely on the continued accuracy of any such material beyond the date of issuance. It has no responsibility to update any information in those materials, and all viewers should carefully check the dates of issuance of the material contained in the Sites.

Supporting quotations

PRESS RELEASES

However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance.

American Express has no responsibility to update any information contained in any such material.

All viewers should carefully check the dates of issuance of the material contained in the Sites.

Qualifications & exceptions

• Applies to press releases and other materials released to the financial community.

Legal Rights & Agreement Rules · Company practice

American Express has no duty to review user Postings and assumes no responsibility for them, but may monitor and remove

Under the heading Postings, American Express says it is under no obligation to review any messages, information or content, which the text calls Postings, that users post on the Sites, and assumes no responsibility or liability relating to them. It adds that it may from time to time monitor Postings and may decline to accept or remove any Posting that contains the kinds of material listed in the items that follow.

Supporting quotations

POSTINGS

American Express is under no obligation to review any messages, information or content ("Postings") posted on the Sites by users and assumes no responsibility or liability relating to any such Postings.

American Express may from time to time monitor the Postings on the Sites and may decline to accept and/or remove any Postings that contain:

Qualifications & exceptions

• Monitoring and removal are stated as permissions (“may”), not as duties.

Not stated here

• The text does not say how Postings are monitored, whether a user is told when one is removed or whether there is an appeal.
• Which Sites have places for Postings is not stated.

Content & IP Rights · Restriction or exception

American Express may decline or remove unlawful, harmful, impersonating, advertising and other listed Postings

The list of Postings American Express may decline or remove covers: unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable material, including material that encourages criminal or civil-liability conduct; advertisements or solicitations of any kind; messages impersonating others; messages by non-spokesperson employees of American Express purporting to speak for it, containing confidential information or expressing opinions about it; messages offering unauthorized downloads of copyrighted or private information; multiple messages in a folder by the same user restating the same point; and chain letters. The advertisements item carries a bracketed note that it is not applicable for Sites with message boards containing classified advertisements.

Supporting quotations

Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind

Advertisements or solicitations of any kind. [Note - This is not applicable for those Sites with message boards containing classified advertisements.]

Messages posted by users impersonating others.

Messages by non-spokesperson employees of American Express purporting to speak on behalf of American Express or containing confidential information or expressing opinions concerning American Express.

Messages that offer unauthorized downloads of any copyrighted or private information.

Multiple messages placed within individual folders by the same user restating the same point.

Chain letters of any kind.

Qualifications & exceptions

• The list is the set of Postings American Express says it may decline or remove; it is introduced as material the Postings “contain”.

Not stated here

• The text does not say which Sites have classified-advertisement message boards.
• The list does not say whether American Express may act on other kinds of Postings not listed.

Use & Processing · Restriction or exception

American Express may decline or remove Postings stating phone, Social Security or account numbers or addresses

One listed category of Postings that American Express may decline or remove is personal information, such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. The examples are introduced by “such as”, so the list is not stated to be complete.

Supporting quotations

Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

Qualifications & exceptions

• “Such as” makes the listed items examples.

Not stated here

• The text does not say whether the Posting's author is told or whether American Express treats an already-posted item differently.

Use & Processing · Permission or license

By giving personal or proprietary information through the Sites, you consent to its transfer across borders as needed

Under the heading Transmission of Personal Data, the user acknowledges and agrees that by providing American Express with any personal or proprietary user information through the Sites, the user consents to the transmission of that information over international borders as necessary for processing in accordance with American Express' standard business practices.

Supporting quotations

TRANSMISSION OF PERSONAL DATA

User acknowledges and agrees that by providing American Express with any personal or proprietary user information through the Sites, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with American Express' standard business practices.

Qualifications & exceptions

• The consent is limited to what is “necessary for processing” under American Express' standard business practices.

Not stated here

• The text does not name the countries involved, define “standard business practices” or say whether the user can decline this consent and still use a Site.
• The linked Internet Privacy Statement is not supplied.

Linking & Identification · Restriction or exception

Linked sites may handle personal data transmission differently; American Express disclaims responsibility

American Express tells users that Linked Sites may contain transmission-of-personal-data provisions that differ from those in this section, and says it is not responsible for such provisions and expressly disclaims any and all liability related to them. The next paragraph is a link labelled “View American Express Internet Privacy Statement.” The statement itself is not supplied, so what it says about transmission of personal data is not known from this document.

Supporting quotations

User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. American Express is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

View American Express Internet Privacy Statement.

Not stated here

• The linked document's text is not supplied here: the Internet Privacy Statement is only linked, so this card cannot say what it provides about transmission of personal data.

Legal Rights & Agreement Rules · Company practice

American Express may revise these terms at any time; changes are shown by the date, and continued use means you agree

Under the heading Changes to These Terms of Service, American Express reserves the right to revise the Terms at any time, and users are deemed to be apprised of and bound by any changes. It says it will indicate that changes have been made by updating the date after “Last Modified” at the end of the Terms. Your continued use of the Sites after that date constitutes your agreement to the revised Terms. No separate notice to individual users is described.

Supporting quotations

CHANGES TO THESE TERMS OF SERVICE

American Express reserves the right to revise these Terms of Service at any time and users are deemed to be apprised of and bound by any changes to these Terms of Service.

American Express will indicate that changes to these Terms of Service have been made by updating the date indicated after "Last Modified" at the end of these Terms of Service.

Your continued use of the Sites after that date constitutes your agreement to the revised modified Terms of Service.

Qualifications & exceptions

• The only stated way a change is signalled is the updated date.

Not stated here

• The text says the date appears “at the end of” the Terms; the saved copy prints its “Last Modified” line near the top, and the text does not explain the difference.
• The text does not give an advance-notice period or a way to reject a change other than stopping use.
• The heading is a heading of these Terms, not a link; no other document is relied on for this card, and none is supplied or described here.

Legal Rights & Agreement Rules · Company practice

American Express reserves all legal remedies for violations, including blocking access from an internet address or user

Under the heading Violations of Rules and Regulations, American Express reserves the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access to a Site from a particular internet address or user.

Supporting quotations

VIOLATIONS OF RULES AND REGULATIONS

American Express reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access from a particular Internet address or user to a Site.

Qualifications & exceptions

• “Including” makes blocking an example of the remedies reserved.

Not stated here

• The text does not describe a warning or review step before blocking.
• The heading is a heading of these Terms, not a link; no other document is relied on for this card, and none is supplied or described here.

Account & Service Control · Restriction or exception

Password-protected and secure areas of the Sites are for authorized users only; others may face prosecution

Under the heading Access to Password Protected/Secure Areas, American Express says access to and use of password protected or secure areas of the Sites is restricted to authorized users only, and that unauthorized individuals attempting to access them may be subject to prosecution.

Supporting quotations

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.

Qualifications & exceptions

• Prosecution is stated as a possibility (“may be subject”).

Not stated here

• The text does not say who counts as an authorized user.

Data Access & Collection · Company practice

American Express reserves the right to store cookies or similar files on your computer to reflect your preferences

Under the heading Use of “Cookie” File Features, American Express reserves the right to store information on a user's computer in the form of a cookie or similar file for purposes of modifying its Sites to reflect users' preferences. It says its Internet Privacy Statement provides additional information about its use of cookies and procedures for disabling cookies, and the next paragraph is a link to the cookie page of that statement. The text names this one purpose and does not say whether cookies serve others.

Supporting quotations

USE OF "COOKIE" FILE FEATURES

American Express reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying our Sites to reflect users' preferences.

The American Express Internet Privacy Statement provides additional information regarding American Express' use of cookies as well as procedures for disabling cookies.

View American Express Internet Privacy Statement, "about Cookies".

Qualifications & exceptions

• The disabling procedures are said to be in the Internet Privacy Statement, not in this document.

Not stated here

• The linked document's text is not supplied here: the Internet Privacy Statement and its cookie page are only linked, so this card cannot say what they provide about other cookie uses or about disabling cookies.
• The text does not say whether consent is requested before cookies are stored.

Content & IP Rights · Procedure

American Express may remove allegedly infringing Content and takes infringement notices at a named email address

Under the heading Digital Millennium Copyright Act, American Express says it has registered an agent with the United States Copyright Office under the Act and avails itself of the protections under the Act. It reserves the right to remove any Content on a Site which allegedly infringes another person's copyright. Notices about alleged infringement should be directed to American Express' General Counsel's Organization, Attn.: Technology Counsel, at dmca@aexp.com.

Supporting quotations

DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO AMERICAN EXPRESS REGARDING ALLEGED COPYRIGHT INFRINGEMENT

American Express has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act.

American Express reserves the right to remove any Content on the Site which allegedly infringes another person's copyright.

Notices to American Express regarding any alleged copyright infringement on the Site should be directed to American Express' General Counsel's Organization Attn.: Technology Counsel at dmca@aexp.com.

Not stated here

• The text does not describe what a notice must contain, any counter-notice step or any repeat-infringer policy.

Legal Rights & Agreement Rules · Restriction or exception

Users agree to submit to the laws of New York and applicable federal law, without regard to conflicts of laws principles

Under the heading Jurisdiction/Governing Law, the text says users of the Sites agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles. The source wording reads “Users of this Sites”; it is quoted as written.

Supporting quotations

JURISDICTION/GOVERNING LAW

Users of this Sites agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles.

Qualifications & exceptions

• The sentence names governing law; it does not name a court or place for disputes.

Not stated here

• This section states no court, venue or dispute-resolution process; whether another document supplies one is not shown here.

Legal Rights & Agreement Rules · Restriction or exception

Additional travel notices and terms are incorporated by reference into these Terms

Under the heading Travel Related Services, American Express asks users to be aware that additional notices, terms and conditions regarding travel related services, products and content available on or through the Sites are incorporated herein by reference, and gives a link to Important Travel Notices, Terms and Conditions. Those travel terms are therefore part of the agreement by the Terms' own wording, but their text is not in this document.

Supporting quotations

TRAVEL RELATED SERVICES

Please be aware that additional notices, terms and conditions regarding travel related services, products and content available on or through the Sites are incorporated herein by reference.

Qualifications & exceptions

• The incorporation is stated for travel related services, products and content.

Not stated here

• The linked travel notices page is not supplied, so its terms, and how they rank against these Terms, are unknown.