The Platinum Card® from American Express Exclusively for Morgan Stanley Agreement

Account & Service Control · Context

Part 1 of the Platinum Card for Morgan Stanley agreement, as of 06/30/2026

This is Part 1 of 3 of the Card Member Agreement for the Platinum Card from American Express exclusively for Morgan Stanley, stated as of 06/30/2026, with American Express National Bank named as issuer. Part 1 holds the Rates and Fees Table and the How Rates and Fees Work section; Part 2 and Part 3 and a Supplement are separate parts of the same document.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Platinum Card® from American Express exclusively for Morgan Stanley

Qualifications & exceptions

• The "As of" date and issuer are stated on the first page of Part 1.

Not stated here

• This public copy does not show account-specific items that later text says appear on page 1 of Part 1 (for example a Pay Over Time Limit or Spending Limit); those personal values are not in the supplied text.

Charges & Financial Obligations · Company practice

Pay Over Time APR is variable: Prime Rate + 12.74% to + 21.74%

The Annual Percentage Rate for Pay Over Time (the feature that lets you carry a balance with interest) is a variable rate stated as the Prime Rate plus a margin somewhere from 12.74% to 21.74%. The table points to its Explanation of Variable Rates for how the variable rate works.

Supporting quotations

Annual Percentage Rate (APR) for Pay Over Time | Prime Rate + 12.74% to Prime Rate + 21.74% This is a variable APR. See Explanation of Variable Rates below.

Qualifications & exceptions

• Stated as a range, not a single margin.
• Variable APR: the actual rate depends on the Prime Rate, which the table says is explained under "Explanation of Variable Rates below".

Not stated here

• The table does not say which margin within the 12.74% to 21.74% range applies to a particular account or what drives it.
• The table gives no numeric Prime Rate; the current rate is not stated in the agreement.

Cross-references

• qualified by (model-proposed): Variable APRs move with the Prime Rate from the billing period it changes, capped at 29.99% — The Rates and Fees Table says the Pay Over Time APR is variable and points to the Explanation of Variable Rates, which says variable APRs follow the Prime Rate, take effect from the first day of the billing period in which it changes, and will not exceed 29.99%.

Charges & Financial Obligations · Company practice

Cash advance APR is Prime Rate + 21.99%, with interest from the transaction date

Cash advances carry a variable APR of the Prime Rate plus 21.99%. The table also says that if the account has a cash advance, American Express begins charging interest on it on the transaction date.

Supporting quotations

APR for Cash Advances | Prime Rate + 21.99% This is a variable APR.

If you have Cash Advance on your Account, we will begin charging interest on cash advances on the transaction date.

Qualifications & exceptions

• Variable APR; see Explanation of Variable Rates.

Not stated here

• The table gives no numeric Prime Rate.

Cross-references

• qualified by (model-proposed): Variable APRs move with the Prime Rate from the billing period it changes, capped at 29.99% — The cash advance APR is a variable APR, subject to the Explanation of Variable Rates (Prime Rate movement, effective date and 29.99% cap).
• defined by (model-proposed): A cash advance covers cash and cash equivalents, including digital currency, casino chips and betting — The Part 2 definition of a cash advance (including digital currency, casino chips and betting transactions) determines which transactions carry the cash advance APR.

Charges & Financial Obligations · Restriction or exception

Penalty APR of Prime Rate + 26.74% can apply for at least 6 months

American Express has the right to apply a penalty APR of the Prime Rate plus 26.74% (variable) to new transactions in a Pay Over Time balance if you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date, or if your payment is returned by your bank (and American Express will notify you if it does). If applied, it lasts at least 6 months; the account is reviewed every 6 months after it is applied, and the penalty APR continues until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

Penalty APR and When it Applies | Prime Rate + 26.74% This is a variable APR.

We have the right to apply the penalty APR to new transactions in a Pay Over Time balance if: • you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.

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

Qualifications & exceptions

• "We have the right to apply" is a right, not an automatic outcome.
• Applies to new transactions in a Pay Over Time balance, not stated to apply to other balances.
• Variable APR.

Not stated here

• The table does not say whether the penalty APR also affects existing balances beyond "new transactions in a Pay Over Time balance".

Cross-references

• qualified by (model-proposed): Variable APRs move with the Prime Rate from the billing period it changes, capped at 29.99% — The table calls the Penalty APR a variable APR, and the Explanation of Variable Rates and its 29.99% statement refer to "variable APRs" generally.

Charges & Financial Obligations · Company practice

No interest on automatic Pay Over Time charges if paid in full; Payment Due Date at least 25 days after close

The Rates and Fees Table says the Payment Due Date is at least 25 calendar days after each billing period closes, and that American Express will not charge interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance (or, with a Plan balance, your Adjusted Balance) by the Payment Due Date. The detailed Grace Period text states the interest-free conditions differently: no interest on those charges in a billing period if your Pay Over Time Previous Balance for the period is zero, or you paid the Account Total New Balance (or Adjusted Balance with an active Plan It plan) in full by the Payment Due Date for each of the previous two billing periods. Otherwise, for charges added automatically when they post, the detailed text says interest runs from the transaction date until they are paid. Cash advances have no such interest-free period.

Supporting quotations

Your Payment Due Date is at least 25 calendar days after the close of each billing period. We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement (or, if you have a Plan balance, your Adjusted Balance on your billing statement) by the Payment Due Date.

When We Charge Interest on Pay Over Time and Cash Advance Balances (Grace Period)

For charges added automatically to a Pay Over Time balance at the time they post to your account, we charge interest from the transaction date until they are paid.

However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

Qualifications & exceptions

• Applies to charges automatically added to a Pay Over Time balance; cash advances accrue interest from the transaction date.
• The table summary ("each month you pay") and the detailed section (zero previous balance, or full payment in each of the previous two billing periods) are worded differently; both are quoted.

Not stated here

• The agreement does not explain how the table summary and the detailed Grace Period conditions are meant to be reconciled.

Cross-references

• contrast (model-proposed): Pay Over Time interest starts at posting or the day after a Closing Date move, unless a grace condition is met — The table summary says no interest is charged on automatically added Pay Over Time charges if each month you pay the balance by the Payment Due Date; the detailed section says no interest if the previous Pay Over Time balance is zero or the balance was paid in full for each of the previous two billing periods. The document does not reconcile the wording.

Charges & Financial Obligations · Company practice

Plan It fee: a fixed finance charge of up to 1.33% a month on each plan purchase

A purchase placed in a Plan It plan carries a monthly plan fee (a fixed finance charge) of up to 1.33% of that purchase. The fee is based on an APR, the plan duration and other factors: the APR that would otherwise apply (for a purchase in a Pay Over Time balance), the APR that applies to Pay Over Time when the plan is created (for a purchase in a Pay In Full balance), or the lower of the two (for a purchase split between the two balances).

Supporting quotations

A monthly plan fee of up to 1.33% of each purchase placed in a plan based on: either the APR that would otherwise apply to that purchase (for purchases in a Pay Over Time balance), the APR that applies to the Pay Over Time feature at the time you create the plan (for purchases in a Pay In Full balance), or the lower of the two APRs (for purchases that are divided between a Pay Over Time balance and a Pay In Full balance); the plan duration; and other factors.

Each plan fee will be disclosed before you create the applicable plan.

Qualifications & exceptions

• The table refers to the Plan It section for details; Part 2 says each plan fee is disclosed before you create the plan.

Not stated here

• The "other factors" that affect the plan fee are not specified.
• Part 2 describes a qualifying purchase only as at least "a specified dollar amount"; the amount is not stated.

Cross-references

• referred to by (model-proposed): Plan fee is a fixed finance charge each month a plan is active; the amount is disclosed beforehand — The fee explanation refers back to the Rates and Fees Table plan fee and adds that the dollar amount is disclosed before a plan is set up.
• referred to by (model-proposed): Plan It: you pick qualifying purchases and a duration; the plan fee depends on which balance the purchase sits in — Part 2 describes how the plan fee APR basis depends on whether the purchase is in the Pay Over Time or Pay In Full balance, matching the table's three cases.

Charges & Financial Obligations · Company practice

Annual Fee is $895

The Rates and Fees Table lists an Annual Fee of $895 for this card.

Supporting quotations

Annual Fee | $895

Qualifications & exceptions

• Fees for Additional Cards and annual fee refunds on closing are covered in other cards.

Cross-references

• referred to by (model-proposed): Additional Cards: first Additional Platinum Card $0, later ones $195 a year, Companion Cards $0 — The fees section points to the Rates and Fees Table for the Annual Fee and then gives Additional Card fees.
• qualified by (model-proposed): You may close the Account; the Annual Fee is refunded only if you close within 30 days after the statement Closing Date — The $895 Annual Fee is refunded only if you close within 30 days after the Closing Date of the statement showing it, with a Massachusetts billing address carve-out.

Charges & Financial Obligations · Company practice

Cash advance fee: $10 or 5% of the amount, whichever is greater

Each cash advance carries a transaction fee of either $10 or 5% of the amount of the cash advance, whichever is greater.

Supporting quotations

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

Qualifications & exceptions

• Part 1 further explains that the 5% includes any fee charged by an ATM operator; see the linked card.

Cross-references

• qualified by (model-proposed): Cash advance fee: 5% of the cash advance, including any ATM operator fee, minimum $10 — The fee explanation states the 5% includes any fee charged by an ATM operator, with a $10 minimum and the fee added to the Cash Advance balance; the table states "$10 or 5% ... whichever is greater".

Charges & Financial Obligations · Company practice

Foreign transaction fee: None

The Rates and Fees Table lists the Foreign Transaction fee as "None" for this card.

Supporting quotations

Foreign Transaction: None.

Not stated here

• Part 2 refers to charges "subject to a Foreign Transaction Fee" in its Pay Over Time eligibility rules; with "None" listed here, the agreement does not say which charges, if any, that wording would reach.

Cross-references

• contrast (model-proposed): Six listed cases keep a charge from moving to Pay Over Time on the Closing Date — The Rates and Fees Table lists the Foreign Transaction fee as None, while the Closing Date rules refer to charges subject to a Foreign Transaction Fee. The agreement does not say which charges, if any, the latter reaches.

Charges & Financial Obligations · Company practice

Late and returned payment fees are up to $40 each

The Rates and Fees Table lists a Late Payment fee of up to $40 and a Returned Payment fee of up to $40.

Supporting quotations

Late Payment: Up to $40. Returned Payment: Up to $40.

Qualifications & exceptions

• "Up to" amounts; the How Rates and Fees Work section gives the $29 and $40 steps and a cap tied to the prior statement. See the linked card.

Cross-references

• narrowed by (model-proposed): Late payment fee: $29, then $40 if repeated within 6 billing periods, capped at the prior amount due — The table's "up to $40" late payment fee is explained as $29 first, $40 on a repeat within 6 billing periods, and capped at the prior statement's amount due.
• narrowed by (model-proposed): Returned payment fee: $29, then $40 on a repeat, capped at the prior amount due — The table's "up to $40" returned payment fee is explained as $29 the first time, $40 on a repeat, and capped at the prior statement's amount due.

Charges & Financial Obligations · Procedure

Interest uses the average daily balance method, including new purchases

Interest is calculated with the average daily balance method (including new purchases). The table points to the Part 2 section on how interest is calculated on Pay Over Time and Cash Advance balances.

Supporting quotations

We use a method called average daily balance method (including new purchases). See the How we calculate interest on Pay Over Time and Cash Advance Balances section in Part 2.

Cross-references

• refers to (model-proposed): Interest per balance = average daily balance x daily periodic rate x days in the billing period, with daily compounding — The table points to the Part 2 section on how interest is calculated on Pay Over Time and Cash Advance balances.

Charges & Financial Obligations · Company practice

Variable APRs move with the Prime Rate from the billing period it changes, capped at 29.99%

If the Prime Rate increases, the card's variable APRs (and 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 changed. Variable APRs will not exceed 29.99%. The Rates and Fees Table labels the Penalty APR a variable APR too.

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%.

Penalty APR and When it Applies | Prime Rate + 26.74% This is a variable APR.

Qualifications & exceptions

• Stated for variable APRs generally; the cap sentence says "Variable APRs" and does not separately mention the Penalty APR.

Not stated here

• The text spells out what happens when the Prime Rate increases; it says only that resulting changes take effect on the first day of the billing period when the Prime Rate changes, without separately stating a decrease.
• The agreement does not give the current Prime Rate, so it does not show where any APR sits relative to the 29.99% cap.
• The text refers to "corresponding DPRs" but, like the rest of the public Part 1, lists no DPR values.

Cross-references

• qualifies (model-proposed): Pay Over Time APR is variable: Prime Rate + 12.74% to + 21.74% — The Rates and Fees Table says the Pay Over Time APR is variable and points to the Explanation of Variable Rates, which says variable APRs follow the Prime Rate, take effect from the first day of the billing period in which it changes, and will not exceed 29.99%.
• qualifies (model-proposed): Cash advance APR is Prime Rate + 21.99%, with interest from the transaction date — The cash advance APR is a variable APR, subject to the Explanation of Variable Rates (Prime Rate movement, effective date and 29.99% cap).
• qualifies (model-proposed): Penalty APR of Prime Rate + 26.74% can apply for at least 6 months — The table calls the Penalty APR a variable APR, and the Explanation of Variable Rates and its 29.99% statement refer to "variable APRs" generally.
• referred to by (model-proposed): ADB averages the daily balances; a DPR is 1/365th of an APR, but the public agreement shows no DPR values — The Explanation of Variable Rates mentions corresponding DPRs and the Part 2 definition says DPRs are shown in Part 1; the published Part 1 lists no DPR values.

Charges & Financial Obligations · Company practice

Prime Rate means the highest U.S. Prime Rate in The Wall Street Journal on the Closing Date

For variable APRs, Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If the Journal does not publish it that day, American Express uses the rate from the previous day it was published. If the Journal stops being 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.

Qualifications & exceptions

• The replacement newspaper is described only as one "of general circulation", chosen by American Express ("may use").

Charges & Financial Obligations · Company practice

Additional Cards: first Additional Platinum Card $0, later ones $195 a year, Companion Cards $0

The Annual Fee for your own Card is the one on the Rates and Fees Table on page 1 of Part 1. For Additional Cards the first Additional Platinum Card is $0 annually, each Additional Platinum Card after the first is $195 annually, and each Companion Platinum Card is $0 annually.

Supporting quotations

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

Annual Fee for Additional Cards: The first Additional Platinum Card is $0 annually, each Additional Platinum Card after the first Card is $195 annually, and each Companion Platinum Card is $0 annually

Qualifications & exceptions

• Part 2 says Additional Cards include Companion Cards, if available.

Not stated here

• The text does not define "Companion Platinum Card" beyond Part 2's mention that Additional Cards include Companion Cards, if available.

Cross-references

• refers to (model-proposed): Annual Fee is $895 — The fees section points to the Rates and Fees Table for the Annual Fee and then gives Additional Card fees.
• referred to by (model-proposed): American Express may issue Additional Cards on request and may report their use to credit reporting agencies — Part 2 says any Annual Fee for Additional Cards is shown in Part 1; the fees section lists the Additional Card amounts.

Charges & Financial Obligations · Company practice

Plan fee is a fixed finance charge each month a plan is active; the amount is disclosed beforehand

The plan fee is described on the Rates and Fees Table. It is a fixed finance charge charged each month that a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan, and Part 2 says each plan fee is disclosed before you create the applicable plan.

Supporting quotations

Plan Fee (Fixed Finance Charge): This fee is described on the Rates and Fees Table on page 1 of Part 1. 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.

Each plan fee will be disclosed before you create the applicable plan.

Cross-references

• refers to (model-proposed): Plan It fee: a fixed finance charge of up to 1.33% a month on each plan purchase — The fee explanation refers back to the Rates and Fees Table plan fee and adds that the dollar amount is disclosed before a plan is set up.

Charges & Financial Obligations · Company practice

Cash advance fee: 5% of the cash advance, including any ATM operator fee, minimum $10

The cash advance fee is 5% of an ATM cash advance (including any fee charged by the ATM operator) or other cash advance, with a minimum of $10. American Express adds this fee to the Cash Advance balance.

Supporting quotations

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

Qualifications & exceptions

• The Rates and Fees Table states it as "either $10 or 5% ... whichever is greater".

Cross-references

• qualifies (model-proposed): Cash advance fee: $10 or 5% of the amount, whichever is greater — The fee explanation states the 5% includes any fee charged by an ATM operator, with a $10 minimum and the fee added to the Cash Advance balance; the table states "$10 or 5% ... whichever is greater".

Charges & Financial Obligations · Company practice

Foreign transaction fee: None

The How Rates and Fees Work section also lists the Foreign Transaction fee as "None".

Supporting quotations

Foreign Transaction: None.

Charges & Financial Obligations · Company practice

Late payment fee: $29, then $40 if repeated within 6 billing periods, capped at the prior amount due

The late payment fee is up to $40. If American Express does not receive the Amount Due (or Minimum Payment Due, if applicable) by the 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 Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Supporting quotations

Late Payment: Up to $40. If we do not receive the Amount Due (or Minimum Payment Due, if applicable) by the 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 Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Qualifications & exceptions

• The $40 amount applies on a repeat within the next 6 billing periods.

Cross-references

• narrows (model-proposed): Late and returned payment fees are up to $40 each — The table's "up to $40" late payment fee is explained as $29 first, $40 on a repeat within 6 billing periods, and capped at the prior statement's amount due.

Charges & Financial Obligations · Company practice

Returned payment fee: $29, then $40 on a repeat, capped at the prior amount due

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 Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Supporting quotations

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

Cross-references

• narrows (model-proposed): Late and returned payment fees are up to $40 each — The table's "up to $40" returned payment fee is explained as $29 the first time, $40 on a repeat, and capped at the prior statement's amount due.

Charges & Financial Obligations · Company practice

Returned check fee: $38 plus the unpaid amount when a cashed check bounces

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, and American Express also charges you the unpaid amount.

Supporting quotations

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

Charges & Financial Obligations · Company practice

Account re-opening fee: $25 after a cancelled account is re-opened at your request

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

Supporting quotations

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

Charges & Financial Obligations · Restriction or exception

Cash advance balance may not exceed $8,000, and ATM cash limits may also apply

Your cash advance balance may not exceed $8,000. There may also be a limit on the amount of cash and number of times you can obtain cash from ATMs in a given period. You agree to manage your Account so that your cash advance balance (including fees and interest) is not more than the Cash Advance Limit. For this limit, the balance is figured by adding new cash advance transactions to the prior day's ending cash advance balance.

Supporting quotations

Cash Advance Limit: Your cash advance balance may not exceed $8,000.

There may also be a limit on the amount of cash and number of times you can obtain cash from ATMs in a given period. You agree to manage your Account so that your cash advance balance (including fees and interest) is not more than the Cash Advance Limit.

your cash advance balance will be determined by adding new cash advance transactions to the ending cash advance balance of the prior day.

Not stated here

• The agreement does not state the ATM cash or frequency limits; it says only that there "may" be such a limit.

Charges & Financial Obligations · Restriction or exception

A cash advance may be declined if it would push balances over the Pay Over Time Limit

American Express may not approve a cash advance transaction if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to go over your Pay Over Time Limit. Part 2 explains that the Pay Over Time Limit applies to the total of the Pay Over Time, Cash Advance and Plan balances.

Supporting quotations

we may not approve a cash advance transaction if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to go over your Pay Over Time Limit.

The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances.

Not stated here

• The amount of the Pay Over Time Limit is account-specific and not in the supplied text.

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions are capped at $4,000 in any 30-day period

Your person-to-person transactions may not exceed $4,000 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 does not exceed the Person-to-Person Limit. American Express may not approve a person-to-person transaction that would cause your Account to exceed the applicable limit.

Supporting quotations

Person-to-Person Limit: Your person-to-person transactions may not exceed $4,000 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 does 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 Limit.

Qualifications & exceptions

• Part 2 defines a person-to-person transaction as a charge for funds sent to another person or a charge to add funds to an Amex Send Account.

Cross-references

• defined by (model-proposed): Definitions of charge, purchase, person-to-person transaction, plan and Closing Date — Part 2 defines a person-to-person transaction as funds sent to another person or funds added to an Amex Send Account, which the $4,000 limit applies to.

Charges & Financial Obligations · Procedure

Each month you owe the Pay In Full balance, any Minimum Due and any Plan Payment Due, plus past due amounts

The amount you owe each month is the sum of three items on your billing statement: the Pay In Full New Balance, any Pay Over Time and/or Cash Advance Minimum Due, and any Plan Payment Due. These amounts include any past due amounts.

Supporting quotations

The amount you owe each month is the sum of the following on your billing statement:

The Pay In Full New Balance

Any Pay Over Time and/or Cash Advance Minimum Due

Any Plan Payment Due

Above amounts include any past due amounts.

Charges & Financial Obligations · Procedure

Pay Over Time / Cash Advance Minimum Due is the highest of $40, 2% of the balance, or a tiered formula

The Pay Over Time and/or Cash Advance Minimum Due is the highest of three figures: $40; 2% of the Pay Over Time and/or Cash Advance New Balance; or a tiered total. The tiered total takes the New Balance minus the interest charged, applies 1% to the portion from $0 to $20,000, 2% from $20,000.01 to $35,000, 5% from $35,000.01 to $50,000 and 10% above $50,000, divides that sum by the amount and rounds to four decimals, multiplies by the amount, then adds the interest charged plus any Pay Over Time and/or Cash Advance amount past due. The Minimum Due will not exceed the New Balance, and you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time. The agreement's worked example (Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300 including $300 interest) starts with $40 as the first figure; the example's result is in the next section's card.

Supporting quotations

Your Pay Over Time and/or Cash Advance Minimum Due is the highest of:

$40

2% of the Pay Over Time and/or Cash Advance New Balance

The total calculated by following these steps: Use the Pay Over Time and/or Cash Advance New Balance minus the Interest charged on the billing statement as the Amount to calculate the sum of a. through d. below:

a. 1% of the Amount from $0 through $20,000

b. 2% of the Amount from $20,000.01 through $35,000

c. 5% of the Amount from $35,000.01 through $50,000

d. 10% of the Amount above $50,000

e. Then divide the sum from steps a. through d. by the Amount and round to four decimals

f. Multiply by the Amount

g. Add the Interest charged on the billing statement Plus any Pay Over Time and/or Cash Advance amount past due.

Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash Advance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

EXAMPLE: You have: a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300, which includes Interest of $300.

$40

Qualifications & exceptions

• The Minimum Payment Due also includes the Pay In Full New Balance and any Plan Payment Due, per the amount-owed card.

Charges & Financial Obligations · Context

Worked example: $200 Pay In Full plus $699 Minimum Due gives a $899 Minimum Payment Due

The agreement's example compares the three possible Minimum Due figures for a $30,300 Pay Over Time and/or Cash Advance New Balance that includes $300 of interest. The figures are $40; 2% of $30,300, which is $606; and the tiered calculation, which comes to $699 (1% of $20,000 is $200, 2% of the next $10,000 is $200, the sum $400 divided by $30,000 rounds to 0.0133, times $30,000 is $399, plus the $300 interest). The highest is $699. Adding the $200 Pay In Full New Balance makes the Minimum Payment Due $899.

Supporting quotations

$40

2% multiplied by $30,300 equals $606

$30,300 minus $300 equals $30,000

a. 1% multiplied by $20,000 equals $200

b. 2% multiplied by ($30,000 minus $20,000) equals $200

c. 5% multiplied by $0 equals $0

d. 10% multiplied by $0 equals $0

e. ($200 plus $200) divided by $30,000 equals 0.0133

f. $30,000 multiplied by 0.0133 equals $399

g. $399 plus $300 equals $699

The highest of 1., 2. or 3. is $699. The Pay Over Time and/or Cash Advance Minimum Due of $699 plus the Pay in Full New Balance of $200 together make up the Minimum Payment Due of $899.

Qualifications & exceptions

• An illustration of the formula in the previous section, using the agreement's own figures; it is not a statement about any particular account.

Charges & Financial Obligations · Company practice

Cash advances accrue interest from the transaction date and cannot avoid interest

For cash advances, American Express charges interest from the transaction date. The agreement says you cannot avoid paying interest on cash advances.

Supporting quotations

For cash advances, we charge interest from the transaction date. You cannot avoid paying interest on cash advances.

Charges & Financial Obligations · Company practice

Pay Over Time interest starts at posting or the day after a Closing Date move, unless a grace condition is met

For charges added automatically to a Pay Over Time balance when they post, American Express charges interest from the transaction date until they are paid. For charges (or portions) it automatically moves from your Pay In Full balance to your Pay Over Time balance on your Closing Date, interest runs from the day after they are added to the Pay Over Time balance until paid. American Express will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if either (1) your Pay Over Time Previous Balance for the billing period is zero, or (2) you paid the Account Total New Balance (or, with an active Plan It plan, the Adjusted Balance) in full by the Payment Due Date for each of the previous two billing periods. The Rates and Fees Table's summary says no interest is charged on those charges if each month you pay the Account Total New Balance (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

For charges added automatically to a Pay Over Time balance at the time they post to your account, we charge interest from the transaction date until they are paid. For charges or portions of charges that we automatically move from your Pay In Full balance to your Pay Over Time balance on your Closing Date, we charge interest from the day after they are added to your Pay Over Time balance until they are paid. However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

your Pay Over Time Previous Balance for the billing period is zero; or

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement (or, if you have a Plan balance, your Adjusted Balance on your billing statement) by the Payment Due Date.

Qualifications & exceptions

• The two conditions are joined by "or"; meeting either is enough under the detailed text.
• The Table summary and the detailed conditions are worded differently.

Not stated here

• The agreement does not say how the Table's "each month" wording relates to the detailed zero-previous-balance and previous-two-billing-periods conditions.

Cross-references

• contrast (model-proposed): No interest on automatic Pay Over Time charges if paid in full; Payment Due Date at least 25 days after close — The table summary says no interest is charged on automatically added Pay Over Time charges if each month you pay the balance by the Payment Due Date; the detailed section says no interest if the previous Pay Over Time balance is zero or the balance was paid in full for each of the previous two billing periods. The document does not reconcile the wording.

Charges & Financial Obligations · Company practice

Pay Over Time Select purchases accrue interest from the date they are added

For Pay Over Time Select, American Express charges interest on purchases added at your request to a Pay Over Time Select balance from the date they are added until they are paid.

Supporting quotations

For Pay Over Time Select: we charge you interest on purchases added at your request to a Pay Over Time Select balance from the date they are added to a Pay Over Time Select balance until they are paid.

Not stated here

• The supplied text does not otherwise describe Pay Over Time Select or how a purchase is added to it.

Account & Service Control · User right or choice

Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement; copies on request

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.

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.

Account & Service Control · Restriction or exception

The Morgan Stanley Platinum Card is available only to clients with an Eligible Account

The card is only available to clients who have an Eligible Account with Morgan Stanley Smith Barney LLC (which includes E*TRADE from Morgan Stanley) or Morgan Stanley Private Bank, National Association. An Eligible Account is a brokerage or bank account held in your name, held by a trust where you are both grantor and trustee, or held as a beneficial owner of a personal holding company, a non-operating limited liability company, a non-operating limited partnership, or a similar legal entity.

Supporting quotations

How Your Reward Program Works

The Platinum Card® from American Express exclusively for Morgan Stanley is only available for clients who have an Eligible Account with Morgan Stanley Smith Barney LLC (which includes E*TRADE from Morgan Stanley) or Morgan Stanley Private Bank, National Association.

An Eligible Account is a brokerage or bank account (i) held in your name, (ii) held by a trust where you are both the grantor and trustee of such trust, or (iii) held as a beneficial owner of a personal holding company, a non-operating limited liability company, a non-operating limited partnership, or a similar legal entity.

Not stated here

• The supplement is headed "How Your Reward Program Works", but the supplied text under it contains only these program-eligibility paragraphs and no rewards earning or redemption terms.
• "Similar legal entity" is not defined in the supplied text.

Account & Service Control · Restriction or exception

Cards issue only to Morgan Stanley clients or their associated individuals; losing an Eligible Account can end the card

American Express will only issue the Card to a Morgan Stanley client who is an individual, or to an individual associated with a Morgan Stanley client when the client itself is not an individual. Eligibility is subject to change. American Express may cancel your Card Account and your participation in the program if you do not maintain an Eligible Account.

Supporting quotations

American Express will only issue the Card to (1) a Morgan Stanley client who is an individual; and (2) an individual associated with a Morgan Stanley client (if the Morgan Stanley client itself is not an individual). Eligibility is subject to change.

American Express may cancel your Card Account and participation in this program if you do not maintain an Eligible Account.

Qualifications & exceptions

• "May cancel" is a right of American Express, not a stated automatic outcome.

Not stated here

• The supplied text does not say how much notice, if any, is given before cancelling for loss of an Eligible Account, or what "associated with" a client means.

Account & Service Control · User right or choice

Using the Account or keeping the Card means you agree; you can cancel an unused Card without fees

The Card Member Agreement is Part 2 together with Part 1 and Part 3, plus any supplements or amendments, for the Account identified on page 1 of Part 1. When you use the Account (or you sign or keep the Card), you agree to its 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.

Supporting quotations

This document together with Part 1 and Part 3 make up the Card Member Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.

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

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

Qualifications & exceptions

• The cancellation right is stated for a person who has not yet used the Account or made a payment after receiving a billing statement.

Not stated here

• The sentence says "have not yet used the Account or made a payment ... after receiving a billing statement" without saying whether both must be true or either; the wording is quoted as is.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement, subject to applicable law; no oral changes

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

• The supplied text does not state a notice period, how a change is communicated, or whether you can reject a change; it says only "subject to applicable law".

Account & Service Control · Context

We means the issuer, you means the applicant (Basic or Primary Card Member), Additional Cards on request

"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, called the Basic or Primary Card Member. You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members. "Card" means any American Express Card or other device issued to access your Account.

Supporting quotations

Definitions: We, us, and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for this Account and for whom we opened the Account. We will refer to you as either the Basic or Primary Card Member. You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members. Card means any American Express Card or other device that we issue to access your Account.

Charges & Financial Obligations · Context

Definitions of charge, purchase, person-to-person transaction, plan and Closing Date

A charge is any amount added to your Account, such as purchases, cash advances, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex Send Account. A plan is a portion of your Account balance that you have selected to pay through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period it covers.

Supporting quotations

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

A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account. A plan is a portion of your Account balance that you have selected to pay through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Cross-references

• defines (model-proposed): Person-to-person transactions are capped at $4,000 in any 30-day period — Part 2 defines a person-to-person transaction as funds sent to another person or funds added to an Amex Send Account, which the $4,000 limit applies to.

Charges & Financial Obligations · Context

A cash advance covers cash and cash equivalents, including digital currency, casino chips and betting

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. Cash advances carry their own APR, fee and limit under Part 1.

Supporting quotations

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

Qualifications & exceptions

• The list uses "including", so the stated items are examples within "cash or cash equivalents".

Not stated here

• The text does not list every transaction type that counts as a cash equivalent.

Cross-references

• defines (model-proposed): Cash advance APR is Prime Rate + 21.99%, with interest from the transaction date — The Part 2 definition of a cash advance (including digital currency, casino chips and betting transactions) determines which transactions carry the cash advance APR.

Account & Service Control · Restriction or exception

American Express decides whether to approve each charge; use is for personal, family or household purposes only

You may use the Card to make charges. American Express decides whether to approve a charge, based on how you spend and pay on this Account and other Accounts you have with it, and also considers your credit history and score and personal resources that it knows about. You agree to use the Card for personal, family or household purposes only.

Supporting quotations

You may use the Card to make charges. We decide whether to approve a charge, based on how you spend and pay on this Account and other Accounts you have with us. You agree to use the Card for personal, family, or household purposes only. We also consider your credit history and score and your personal resources that we know about.

Account & Service Control · Restriction or exception

If a Spending Limit applies, going over it makes declines more likely, but you still owe approved charges

If there is a Spending Limit on page 1 of Part 1, your Account has a preset Spending Limit. If your total balance exceeds it at any time, American Express is more likely to decline your charges. It may approve charges that cause your total balance to exceed the Spending Limit, and you must still pay for them. It may also decline charges even if they do not cause your balance to exceed the limit, and it may change or remove the Spending Limit at any time.

Supporting quotations

if there is a Spending Limit on page 1 of Part 1 of this Agreement, then your Account has a preset Spending Limit. If at any time your total balance exceeds this Spending Limit, we are more likely to decline to authorize your charges. We may approve charges that cause your total balance to exceed the Spending Limit. If we do, you must still pay us for those charges. We may also decline to authorize charges, even if they do not cause your total balance to exceed the Spending Limit. We may change or remove the Spending Limit at any time.

Not stated here

• Page 1 of Part 1 is not in the supplied text, so whether this Account has a Spending Limit, or its amount, is not shown.

Sharing & Disclosure · Permission or license

American Express may tell merchants who store your Card if the number, expiration date or Account status changes

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

Supporting quotations

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

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

Qualifications & exceptions

• "May (but are not required to)": permission, not an obligation.

Security & Safeguards · Restriction or exception

Keep the Card safe, report loss or misuse right away, 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.

Account & Service Control · Permission or license

American Express may decline charges for many reasons and is not responsible for losses from a decline

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 your Account is not in default. It is not responsible for losses you incur if it does not authorize a charge or if any merchant refuses to accept the Card.

Supporting quotations

We may decline to authorize a charge for various reasons, including if we suspect fraud or based on our assessment of your creditworthiness, even if your Account is not in default. We are not responsible for any losses you incur if we do not authorize a charge or if any merchant refuses to accept the Card.

Qualifications & exceptions

• "Including" signals the stated reasons are examples.

Charges & Financial Obligations · User right or choice

Pay Over Time lets you carry a balance with interest up to the Pay Over Time Limit; inactive purchases are due in full

If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit. Pay Over Time has two settings, active and inactive, and you can change or view the setting at any time through your online account or by calling the number on the back of your Card. Purchases made and Annual Fees charged while Pay Over Time is inactive are added to your Pay In Full balance, which is due in full each month. If you have a Pay Over Time balance, each month you can choose to pay your Account Total New Balance in full, the Minimum Payment Due, or any amount in between. Charges are added to your Pay Over Time balance as described in the following text.

Supporting quotations

Pay Over Time: If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit. Pay Over Time has two settings: active and inactive. You can change or view your Pay Over Time setting at any time through your online account or by calling the number on the back of your Card. Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month. If you have a Pay Over Time balance, you can choose each month to pay your Account Total New Balance in full, the Minimum Payment Due, or any amount in between.

Qualifications & exceptions

• Applies "if Pay Over Time is a feature of your Account".

Charges & Financial Obligations · Procedure

Eligible charges go to the Pay Over Time balance on the transaction date if the setting is active at 8 p.m. ET

If Pay Over Time is set to active at 8 p.m. ET on the merchant-provided transaction date for an eligible charge, or on the date an eligible Annual Fee is charged, the charge is automatically added to your Pay Over Time balance, subject to your Pay Over Time Limit. If adding the entire charge would make your Pay Over Time, Cash Advance and Plan balances exceed the Pay Over Time Limit, the charge goes to your Pay In Full balance instead. Purchases and Annual Fees charged while Pay Over Time is inactive are added to the Pay In Full balance, due in full each month. The merchant's transaction date may differ from the purchase date (for example, a delay in submission, or a merchant using the shipping date), and charges with the same transaction date are added in any order American Express chooses.

Supporting quotations

On the Transaction Date:

If Pay Over Time is set to active at 8 p.m.ET on the transaction date provided by the merchant for an eligible charge, or on the date when an eligible Annual Fee is charged to your Account, the charge will automatically be added to your Pay Over Time balance, subject to your Pay Over Time Limit. If the addition of an entire charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

The transaction date provided by the merchant may differ from the date you made the purchase if, for example, there is a delay in the merchant submitting the transaction to us or if the merchant uses the shipping date as the transaction date. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month.

Qualifications & exceptions

• Applies to "eligible" charges; eligibility is addressed in a separate card.

Cross-references

• qualified by (model-proposed): Cash advances are not eligible for Pay Over Time; American Express may suspend it or change eligibility — Automatic addition applies only to eligible charges; cash advances are not eligible and American Express may suspend Pay Over Time or change eligibility.

Charges & Financial Obligations · Permission or license

On the Closing Date, eligible Pay In Full charges may be moved to Pay Over Time, in whole or in part

On your Closing Date, if the total of your Pay Over Time, Cash Advance and Plan balances is less than your Pay Over Time Limit, Pay Over Time is set to active at 8 p.m. ET, and there are eligible new charges in your Pay In Full balance with a transaction date when Pay Over Time was set to active, you authorize American Express to automatically move all or part of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit. If moving a charge would exceed the limit, only a portion is moved, up to the limit, and the rest stays in the Pay In Full balance. Eligible charges are moved in order of transaction date, and charges with the same date in any order American Express chooses.

Supporting quotations

On your Closing Date:

Also, if on your Closing Date, 1) the total of your Pay Over Time, Cash Advance, and Plan balances is less than your Pay Over Time Limit,

Pay Over Time is set to active at 8 p.m. ET and 3) there are eligible new charges in your Pay In Full balance with a transaction date when Pay Over Time was set to active, you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.

If the addition of a charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, we will move a portion of that charge to your Pay Over Time balance, up to your Pay Over Time Limit. The remaining portion of the charge will remain in your Pay In Full balance. Eligible charges will be moved to your Pay Over Time balance in order of the transaction dates. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

Qualifications & exceptions

• A new charge, or a portion of one, is not eligible to be moved on the Closing Date in the cases listed in the next card.
• Interest on charges moved this way runs from the day after they are added to the Pay Over Time balance, per the interest rules.

Not stated here

• The text as supplied jumps from "1)" to "3)": the list item begins "Pay Over Time is set to active at 8 p.m. ET and 3) there are eligible new charges", with no "2)" marker shown. The wording is quoted as supplied and the missing marker is not repaired.

Cross-references

• has exception (model-proposed): Six listed cases keep a charge from moving to Pay Over Time on the Closing Date — The Closing Date move does not apply to a new charge in the six listed cases.

Charges & Financial Obligations · Restriction or exception

Six listed cases keep a charge from moving to Pay Over Time on the Closing Date

A new charge, or a portion of one, will not be eligible to be moved to your Pay Over Time balance on your Closing Date if: it is subject to a Foreign Transaction Fee; it (or a portion) is disputed for a reason other than fraud and the dispute is not resolved in the billing period it was opened; it (or a portion) is reported as fraudulent and either American Express determined it fraudulent in the same billing period it posted, or has not yet determined whether it is fraudulent in that billing period; you created a plan for it using Plan It; Pay Over Time is suspended on your Account; or your Account is cancelled or enrolled in a payment program.

Supporting quotations

A new charge, or a portion of a new charge, will not be eligible to be moved to your Pay Over Time balance on your Closing Date if:

that charge is subject to a Foreign Transaction Fee;

that charge or a portion of that charge is disputed (for a reason other than fraud) and that dispute is not resolved in the same billing period in which it was opened;

that charge or a portion of that charge is reported as fraudulent and either (i) we determined the charge is fraudulent in the same billing period in which it was posted to your Account, or (ii) we have not yet determined if the charge is fraudulent in the same billing period in which it was posted to your Account;

you created a plan for that charge using Plan It;

Pay Over Time is suspended on your Account; or

your Account is cancelled or enrolled in a payment program.

Not stated here

• This card lists charges "subject to a Foreign Transaction Fee", while the Rates and Fees Table lists Foreign Transaction as "None" for this card; the agreement does not say which charges, if any, this item would reach.

Cross-references

• exception to (model-proposed): On the Closing Date, eligible Pay In Full charges may be moved to Pay Over Time, in whole or in part — The Closing Date move does not apply to a new charge in the six listed cases.
• contrast (model-proposed): Foreign transaction fee: None — The Rates and Fees Table lists the Foreign Transaction fee as None, while the Closing Date rules refer to charges subject to a Foreign Transaction Fee. The agreement does not say which charges, if any, the latter reaches.

Charges & Financial Obligations · Restriction or exception

Cash advances are not eligible for Pay Over Time; American Express may suspend it or change eligibility

Certain charges are not eligible for Pay Over Time, such as cash advances, and American Express may change the eligibility of other charges. It may suspend Pay Over Time at any time based on its assessment of your creditworthiness, the status of your Account and/or your enrollment in a payment program. If your Account is past due or Pay Over Time is suspended, you cannot change your Pay Over Time setting from inactive to active.

Supporting quotations

Certain charges are not eligible for Pay Over Time, such as cash advances and we may change the eligibility of other charges for Pay Over Time. We may suspend Pay Over Time at any time based on our assessment of your creditworthiness, the status of your Account, and/or your enrollment in a payment program. In addition, if your Account is past due or Pay Over Time is suspended, you will not be able to change your Pay Over Time setting from inactive to active.

Qualifications & exceptions

• "Such as" signals cash advances are an example of ineligible charges.

Not stated here

• The text does not list every charge type that is ineligible.

Cross-references

• qualifies (model-proposed): Eligible charges go to the Pay Over Time balance on the transaction date if the setting is active at 8 p.m. ET — Automatic addition applies only to eligible charges; cash advances are not eligible and American Express may suspend Pay Over Time or change eligibility.

Account & Service Control · Company commitment

Your Pay Over Time setting stays in effect when you move to a new Card with the same Account number

If you transfer to a new Card with the same Account number, your Pay Over Time setting at the time of transfer remains in effect on the new Card.

Supporting quotations

If you transfer to a new Card with the same Account number, your Pay Over Time setting at time of transfer will remain in effect on your new Card.

Charges & Financial Obligations · Procedure

Pay Over Time Travel adds eligible travel purchases whatever the setting; once cancelled it cannot be re-joined

If you have the Pay Over Time Travel feature on your Account, American Express will automatically add eligible travel-related purchases to your Pay Over Time Travel balance, subject to your Pay Over Time Limit, whether your Pay Over Time setting is active or inactive. If you request to cancel Pay Over Time Travel, you will not be able to re-enroll.

Supporting quotations

If you have the Pay Over Time Travel feature on your Account: we will automatically add eligible travel-related purchases to your Pay Over Time Travel balance subject to your Pay Over Time Limit regardless of whether your Pay Over Time setting is active or inactive. If you request to cancel your Pay Over Time Travel feature, you will not be able to re-enroll.

Qualifications & exceptions

• Applies only "if you have" the feature.

Not stated here

• The supplied text does not say which purchases are "eligible travel-related purchases" or whether this card has the feature.

Charges & Financial Obligations · Permission or license

Plan It may be offered for qualifying purchases, with a monthly fixed-finance-charge plan fee

American Express may offer you Plan It, which lets you create a payment plan for qualifying purchases subject to a plan fee. The fee is a fixed finance charge charged each month that a plan is active.

Supporting quotations

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

Qualifications & exceptions

• "May offer": Plan It is not stated to be available on every Account. How plans work is in the following section.

Charges & Financial Obligations · Procedure

Plan It: you pick qualifying purchases and a duration; the plan fee depends on which balance the purchase sits in

You use Plan It by selecting qualifying purchases and a plan duration. You can view the monthly plan payments, including the plan fee, before creating the plan, and each plan fee is disclosed before you create it. For a purchase in your Pay Over Time balance, the plan fee is based on the APR that would otherwise apply to the purchase amount. For a purchase in your Pay In Full balance, it is based on the APR that applies to the Pay Over Time feature when you create the plan. For a purchase split between the two balances (because only part was moved to Pay Over Time on a Closing Date), it is based on the lower of the APR that would otherwise apply to the Pay Over Time portion and the APR that applies to the Pay Over Time feature when you create the plan.

Supporting quotations

You may use this feature by selecting qualifying purchases and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection. Each plan fee will be disclosed before you create the applicable plan.

If you create a plan for a purchase in your Pay Over Time balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that would otherwise apply to the purchase amount. If you create a plan for a purchase that is in your Pay In Full balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that applies to the Pay Over Time feature at the time you create the plan.

If you create a plan for a purchase that is divided between your Pay Over Time and Pay In Full balances, because only a portion of that purchase was moved to your Pay Over Time balance on your Closing Date, the purchase will be added to a plan balance and will be subject to a plan fee based on either the APR that would otherwise apply (to the portion of the purchase that was in your Pay Over Time balance) or the APR that applies to the Pay Over Time feature at the time you create the plan, whichever is lower.

A monthly plan fee of up to 1.33% of each purchase placed in a plan

Qualifications & exceptions

• The Rates and Fees Table caps the monthly plan fee at up to 1.33% of each purchase placed in a plan.

Not stated here

• The "other factors" the Rates and Fees Table says also affect the plan fee are not specified.

Cross-references

• refers to (model-proposed): Plan It fee: a fixed finance charge of up to 1.33% a month on each plan purchase — Part 2 describes how the plan fee APR basis depends on whether the purchase is in the Pay Over Time or Pay In Full balance, matching the table's three cases.

Charges & Financial Obligations · Restriction or exception

Plan It purchases must meet a minimum amount; cash equivalents, foreign-fee purchases and Annual Fees do not qualify

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.

Supporting quotations

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Not stated here

• The "specified dollar amount" is not stated in the supplied text.

Charges & Financial Obligations · Restriction or exception

Creating a plan depends on creditworthiness, limit and Account status; durations are at American Express's discretion

Your ability to create plans is based on factors such as your creditworthiness and your Pay Over Time Limit, and you may not be able to create a plan if it would cause you to exceed that limit. You cannot create plans if Pay Over Time is suspended or 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 tells you the number of active plans you may have and may change it at any time. The plan durations offered, and whether several qualifying purchases can be put in one plan, are at its discretion and based on factors such as creditworthiness, the purchase amounts and your Account history.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Pay Over Time Limit. You may not be able to create a plan if it would cause you to exceed your Pay Over Time Limit. You will not be able to create plans if your Pay Over Time feature is suspended or 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, 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 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.

Not stated here

• The number of active plans allowed, and the durations offered, are not stated in the supplied text.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled once created, but paying the Account Total New Balance in full ends future plan fees

Plans cannot be cancelled after they have been created. You can pay them early by paying the Account Total 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 Account Total 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.

Charges & Financial Obligations · Restriction or exception

The Pay Over Time Limit caps the Pay Over Time, Cash Advance and Plan balances together and is not a spending limit

If you have Pay Over Time, American Express assigns a Pay Over Time Limit, shown on page 1 of Part 1 and on each billing statement. It applies to the total of your Pay Over Time, Cash Advance and Plan balances, and your Pay Over Time balance cannot exceed it. If adding a charge would make your Pay Over Time balance exceed it, the charge is added to your Pay In Full balance. Delays in posting cash advances or plans can make the totals exceed the limit. The Pay Over Time Limit is not a spending limit: American Express may approve or decline a charge regardless of whether your balance is above or below it. You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance or Plan balance.

Supporting quotations

Pay Over Time Limit: If you have Pay Over Time, we assign a Pay Over Time Limit to your Account, which is shown on page 1 of Part 1 and on each billing statement. The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances. Your Pay Over Time balance cannot exceed your Pay Over Time Limit. If the addition of a charge would cause your Pay Over Time balance to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

When there is a delay in posting cash advances or plans to your Account, the total of your Pay Over Time, Cash Advance, and Plan balances may exceed your Pay Over Time Limit. The Pay Over Time Limit is not a spending limit. We may approve or decline a charge regardless of whether your Card Account balance is greater or less than your Pay Over Time Limit.

You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance, or Plan balance.

Not stated here

• The amount of the Pay Over Time Limit is account-specific and not in the supplied text.

Charges & Financial Obligations · Permission or license

American Express may raise or lower the Pay Over Time Limit at any time, even if you pay on time

American Express may increase or reduce your Pay Over Time Limit at any time, even if you pay on time and your Account is not in default. It will tell you if it changes the limit.

Supporting quotations

We may increase or reduce your Pay Over Time Limit at any time. We may do so even if you pay on time and your Account is not in default. We will tell you if we change your Pay Over Time Limit.

Not stated here

• The supplied text does not say how much notice comes with a change.

Charges & Financial Obligations · Company practice

You promise to pay all charges, including by Additional Card Members, and must pay on or before 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 the Card is not presented or the transaction is not signed. You must pay the Amount Due, or at least the Minimum Payment Due as applicable, on or before the Payment Due Date, in the time and manner shown on each billing statement.

Supporting quotations

Promise to pay: You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction. When you must pay: You must pay the Amount Due, or at least the Minimum Payment Due, as applicable, 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 clearable in the U.S.

Payments must be made to American Express 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. When paying 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 instrument and include the payment coupon.

Supporting quotations

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

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

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

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

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

Compliant payments are credited the day received; non-compliant ones may be delayed, with late fees and interest

If your payment meets the requirements, American Express credits it as of the day it receives it, as long as it is received by the time and in the manner disclosed in your billing statement; if received after that time, it is credited the day after receipt. 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.

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.

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S.-bank payments are refused; accepting a late or partial payment waives nothing

American Express will not accept a payment made in a foreign currency or a payment 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

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

Charges & Financial Obligations · Procedure

Payments go to the Pay In Full balance and lower-rate balances up to the minimum; extra goes to the highest rate first

Where balances carry different interest rates, or there are plan balances and plan fees, American Express generally applies payments in a billing period in two stages. Up to the Minimum Payment Due, payments go first to the Pay In Full New Balance, then to plan amounts included in the Minimum Payment Due, then to the Pay Over Time and/or Cash Advance New Balance, lowest interest rate first. After the Minimum Payment Due is paid, payments go first to Pay Over Time and/or Cash Advance balances with the highest interest rate, then to balances with lower rates, then to any Plan balances. In most cases a credit is applied to the same balance as the related charge; American Express may apply payments and credits within balances, and among balances with the same rate, in any order it chooses. A negative balance at the end of a billing period is redistributed to other balances under the same rules, which can mean plan balances are paid sooner than otherwise. A credit for a purchase added to a plan must be applied to the plan balance by calling the number on the back of your Card.

Supporting quotations

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

We apply your payments – up to the Minimum Payment Due – first to the Pay in Full New Balance; then to any plan amounts included in your Minimum Payment Due; and then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to balances with higher interest rates.

After the Minimum Payment Due has been paid, we apply payments first to the Pay Over Time and/or Cash Advance balances with the highest interest rate and then to balances with lower interest rates, and then to any Plan balances.

In most cases, we apply a credit to the same balance as the related charge. 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 added to a plan, you must call us at the number on the back of your Card to have the credit applied to the plan balance.

Qualifications & exceptions

• Stated as how payments are "generally" applied; American Express keeps discretion within balances and among balances with the same interest rate.

Charges & Financial Obligations · Procedure

Interest per balance = average daily balance x daily periodic rate x days in the billing period, with daily compounding

American Express figures interest for each balance separately (Pay Over Time balances and Cash Advance balances may have different rates) using the Average Daily Balance method including new transactions, and the total interest for a billing period is the sum across balances. Apart from rounding, the interest for a balance equals Average Daily Balance multiplied by the Daily Periodic Rate multiplied by the number of days in the billing period. The beginning balance for the first day of a billing period is the prior period's ending balance including unpaid interest; for other days it is the previous day's daily balance plus that day's interest (previous daily balance times the DPR), which the agreement says results in daily compounding of interest.

Supporting quotations

We calculate interest for a billing period by first figuring the interest on each balance. Balances within the Pay Over Time feature and Cash Advance balances may have different interest rates. We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance.

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

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period.

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.

Cross-references

• referred to by (model-proposed): Interest uses the average daily balance method, including new purchases — The table points to the Part 2 section on how interest is calculated on Pay Over Time and Cash Advance balances.

Charges & Financial Obligations · Context

ADB averages the daily balances; a DPR is 1/365th of an APR, but the public agreement shows no DPR values

To get the Average Daily Balance for a balance, American Express adds up its daily balances and divides by the number of days in the billing period. A Daily Periodic Rate is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The text says "Your DPRs are shown in How Rates and Fees Work in Part 1", but the How Rates and Fees Work section of Part 1 in the published agreement lists no Daily Periodic Rate: it holds the explanation of variable rates, how the Prime Rate is determined, fees, limits, the amount-due calculation and the grace period, and the Rates and Fees Table states APRs as the Prime Rate plus a margin. The agreement therefore does not show DPR values here.

Supporting quotations

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

Qualifications & exceptions

• The 1/365th definition ties each DPR to its APR, which is variable.

Not stated here

• The published agreement does not state any DPR value, and none is computed or imported here; the reference to DPRs "shown in How Rates and Fees Work in Part 1" points to text that does not contain them (a gap in the publisher's own document).

Cross-references

• refers to (model-proposed): Variable APRs move with the Prime Rate from the billing period it changes, capped at 29.99% — The Explanation of Variable Rates mentions corresponding DPRs and the Part 2 definition says DPRs are shown in Part 1; the published Part 1 lists no DPR values.

Charges & Financial Obligations · Context

Worked example: $2,250 average balance at 15.99% for 30 days gives $29.57 of interest

The agreement's illustration assumes 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, or 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

Qualifications & exceptions

• An assumed illustration; 15.99% is not stated as a rate for this card, whose APRs are variable and given as Prime Rate plus a margin.

Charges & Financial Obligations · Procedure

Daily balance = beginning balance plus new charges minus payments and credits; a negative counts as zero

American Express figures the daily balance for each balance by taking the beginning balance for the day, adding new charges, subtracting payments or credits, and making any appropriate adjustments. A new charge is added to a daily balance as of its transaction date, except that charges automatically moved from your Pay In Full balance to your Pay Over Time balance on your Closing Date are added as of the day after they are moved. If the daily balance is negative, it is treated as zero.

Supporting quotations

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

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

We add a new charge to a daily balance as of its transaction date, except for charges automatically moved from your Pay In Full balance to your Pay Over Time balance on your Closing Date, which we add to a daily balance as of the day after they are moved to your Pay Over Time balance. If the daily balance is negative, we treat it as zero.

Charges & Financial Obligations · Permission or license

American Express may use other equivalent interest methods and may choose not to charge interest on some charges

To figure the Average Daily Balance and interest charges, American Express may use other formulas or methods that produce equivalent results. It may also choose not to charge interest on certain types of charges.

Supporting quotations

Other methods: To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges.

Not stated here

• The text does not say which types of charges might be left interest-free.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: covered borrowers' credit cost is limited to a 36% annual percentage rate

Federal law gives members of the Armed Forces and their dependents protections on consumer credit. In general, the cost of consumer credit to a covered member and dependent may not exceed an annual percentage rate of 36 percent, and that rate must include, as applicable, credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain ones) and any participation fee (other than certain ones for a credit card account).

Supporting quotations

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

Qualifications & exceptions

• Stated as the general rule for covered members of the Armed Forces and their dependents.

Not stated here

• The text does not say how the 36 percent rate is applied to this card's particular fees and APRs.

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are outside the Arbitration provision; if they elect arbitration it is honored

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

Supporting quotations

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of this Agreement will not apply to you in connection with this Account. However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.

Qualifications & exceptions

• Qualifies the general arbitration rule in Claims Resolution.

Not stated here

• The text does not describe how a covered borrower elects arbitration.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — For Military Lending Act covered borrowers the Arbitration provision does not apply to the Account, although American Express will comply with its obligations if the borrower elects arbitration.

Account & Service Control · Permission or license

American Express may issue Additional Cards on request and may report their use 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, the text says 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

• Issuing an Additional Card is something American Express "may" do at your request, not a guaranteed right.

Not stated here

• The supplied text does not mark page numbers; the Additional Card fees appear under Fees in How Rates and Fees Work.

Cross-references

• refers to (model-proposed): Additional Cards: first Additional Platinum Card $0, later ones $195 a year, Companion Cards $0 — Part 2 says any Annual Fee for Additional Cards is shown in Part 1; the fees section lists the Additional Card amounts.

Account & Service Control · Company practice

You are responsible for all use of your Account by Additional Card Members, who may be given Account information

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. You can contact American Express to cancel an Additional Card Member's ability to use your Account. If an Annual Fee applies to an Additional Card, the refund policy in the Closing or suspending your Account sub-section of Part 3 applies; if a single Annual Fee covers a group of Additional Cards, that policy applies when you cancel the Additional Card on which the fee was assessed.

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made. You also authorize us to give Additional Card Members information about your Account and to discuss it with them. Contact us if you want to cancel an Additional Card Member's ability to use your Account.

If an Annual Fee applies for an Additional Card, please refer to the refund policy disclosed in the Closing or suspending your Account sub-section of Part 3 of this Agreement. If a single Annual Fee applies for a group of Additional Cards on your Account, this policy will apply when you cancel the Additional Card on which the fee was assessed.

Qualifications & exceptions

• The refund policy itself is in Part 3 and is explained in its own card.

Cross-references

• refers to (model-proposed): You may close the Account; the Annual Fee is refunded only if you close within 30 days after the statement Closing Date — The Additional Card text sends the reader to the Closing or suspending your Account sub-section of Part 3 for the Annual Fee refund policy.

Charges & Financial Obligations · Company practice

AEEML converts foreign-currency charges to dollars at a rate it chooses, which may differ from the charge date rate

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 you are billed in U.S. dollars on that conversion. Unless a particular rate is required by law, AEEML chooses a conversion rate acceptable to American Express for that date. The rate 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, and it may differ from the rate in effect on the date of your charge. Charges converted by establishments (such as airlines) are billed at the rates those establishments use.

Supporting quotations

Converting charges made in a foreign currency: If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

• The Rates and Fees Table lists no foreign transaction fee; this conversion rule is separate.

Data Access & Collection · Company practice

At federal agencies that accept the Card, charge information is collected for billing, analysis and marketing

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

Supporting quotations

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

Qualifications & exceptions

• Applies to charges at federal agencies that accept the Card.

Not stated here

• The Federal Register publications of other routine uses are not supplied.

Sharing & Disclosure · Company practice

Affiliates may promote insurance and other products, be compensated, and receive information about you

American Express or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. An affiliate may act on behalf of a provider of these products and may be compensated for this. The insurance products are not offered or sold by American Express or on its behalf. Affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer, and compensation may influence which products and providers American Express or its affiliates tell you about. American Express may share information about you with its affiliates so they can identify products that may interest you, and it may be compensated for this information.

Supporting quotations

Insurance products: We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a

fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about. We may share information about you with our affiliates so they can identify products that may interest you. We may be compensated for this information.

Qualifications & exceptions

• In the supplied text the sentence about products that "may have a" fee is split across two blocks, with "fee." beginning the next block.

Not stated here

• The text does not say which information about you is shared with affiliates for this purpose.

Account & Service Control · Permission or license

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

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

Supporting quotations

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

Not stated here

• The supplied text does not say what notice, if any, accompanies a change to a benefit.

Legal Rights & Agreement Rules · Permission or license

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

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.

Supporting quotations

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

Legal Rights & Agreement Rules · Permission or license

Delaying or not enforcing a right does not waive it on another occasion

American Express may choose to delay enforcing or not exercise rights under the Agreement. If it does, it does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

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

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement; Maryland billing addresses get a Maryland statute election

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

Supporting quotations

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

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

Qualifications & exceptions

• The Maryland statement applies only to accounts with a Maryland billing address.
• The Maryland statute is cited by name; its text is not supplied.

Not stated here

• The text of Title 12, Subtitle 9 of the Maryland Commercial Law Article is not supplied, so what the election changes for a Maryland billing address is not stated.

Charges & Financial Obligations · Context

Oregon notice: service charges will not exceed those permitted by law; you may pay more than the minimum

The Notice to Oregon Residents says service charges not in excess of those permitted by law will be charged on 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.

Qualifications & exceptions

• Headed as a notice to Oregon residents.

Not stated here

• The text does not say whether the notice changes any term beyond what it states.

Charges & Financial Obligations · User right or choice

Washington notice: no interest caused solely by a late-posted return credit, if you have told American Express

The notice for Washington State residents says that, in accordance with Section 63.14.167 of the Revised Code of Washington Statutes, 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 the credit, or American Express's failure to post the credit to your Account within three working days of receiving it.

Supporting quotations

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

Qualifications & exceptions

• Applies to Washington State residents, per the notice's heading.
• Interest is excused only where it results "solely" from the delayed credit.

Not stated here

• The text of the cited Revised Code of Washington section is not supplied; the notice is explained from its own wording.

Legal Rights & Agreement Rules · Procedure

Call Customer Service first; then mediation, arbitration or litigation; arbitration can be rejected within 45 days

Most 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, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase (see Your Right to Reject Arbitration).

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.

Qualifications & exceptions

• The 45-day rejection window runs from your first Card purchase.

Legal Rights & Agreement Rules · Context

"You and us" includes affiliates; "Claim" covers nearly any dispute about your Account

In the Claims Resolution 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), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against a third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements or its balances, advertisements, promotions or statements about accounts, goods or services financed under them or terms of financing, 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

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. 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 uses "includes but is not limited to".

Legal Rights & Agreement Rules · Procedure

Before suing, mediating or arbitrating, each side sends a written claim notice stating the claim and relief demanded

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve the claim informally or through mediation. A sample is at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to you may be given 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 goes to arbitration, the amount of relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

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

The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Legal Rights & Agreement Rules · Procedure

Either side may seek JAMS or AAA mediation within 30 days of a claim notice; American Express pays the mediator

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

Supporting quotations

Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

All mediation-related communications are confidential, inadmissible in court and not subject to discovery.

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

Legal Rights & Agreement Rules · Permission or license

Either side may elect individual arbitration in place of court and jury trial, subject to stated limits

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial on it, and neither has the right to participate in a representative capacity or as a member of a class. Limits on this rule: American Express will not elect arbitration for a claim you file in small claims court, so long as the claim is individual and pending only in that court; the arbitration provision can be rejected by written notice mailed within 45 days after your first Card purchase; for Military Lending Act covered borrowers the Arbitration provision does not apply; and if any portion of the Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply. Arbitration may otherwise be elected at any time unless the claim is already filed in court and trial has begun or final judgment has been entered.

Supporting quotations

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

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

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.

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.

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

Qualifications & exceptions

• The small-claims, rejection and invalidity limits are quoted from their own passages; the Military Lending Act limit is in Part 2.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are outside the Arbitration provision; if they elect arbitration it is honored — For Military Lending Act covered borrowers the Arbitration provision does not apply to the Account, although American Express will comply with its obligations if the borrower elects arbitration.
• has exception (model-proposed): American Express will not elect arbitration for an individual claim you file in small claims court — American Express will not elect arbitration for an individual claim a customer files in small claims court and that is pending only there.
• qualified by (model-proposed): Arbitrated claims proceed individually, with no class or representative claims; if that fails, the clause falls — Arbitrated claims proceed individually with no class or representative claims, and if the Limitations on Arbitration are held invalid the whole Arbitration provision does not apply.
• has exception (model-proposed): You may reject arbitration by signed written notice mailed within 45 days of your first Card purchase — A customer who mails a compliant rejection notice within 45 days after the first Card purchase is not subject to the Arbitration provision, with stated exceptions.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is narrower than court: limited discovery, claims between you and us only, no joinder, final and binding

The agreement describes arbitration procedures as generally simpler than court rules, with more limited discovery. The arbitrator's authority is limited to claims between you and American Express alone, and claims may not be joined or consolidated unless both agree in writing. An award and any judgment confirming it apply only to the specific case and cannot be used in another case except to enforce the award. Arbitrator decisions are as enforceable as any court order and subject to very limited court review. Except as set out in the appeal provisions, the decision is final and binding, and other rights you or American Express would have in court may also not be available in arbitration.

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

Qualifications & exceptions

• An appeal route within the arbitration organization is described in the Arbitration Procedures passage, which this card does not detail.

Cross-references

• qualified by (model-proposed): Either side can appeal an award within 35 days to a three-arbitrator panel; you may choose your own federal district — The "final and binding" decision is subject to the appeal and challenge rights set out in the Arbitration Procedures passage.

Legal Rights & Agreement Rules · Procedure

To start arbitration, send a claim notice, then refer the claim to JAMS or AAA as the electing party chooses

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 may also be referred to another arbitration organization if both agree in writing, or to an arbitrator appointed under 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).

Qualifications & exceptions

• The Federal Arbitration Act is cited by name and section; its text is not supplied.

Not stated here

• The sentence "you may select the other within 30 days" does not say in so many words whether "the other" means the other of JAMS and AAA; it is quoted as written.
• The text of section 5 of the Federal Arbitration Act is not supplied, so what an arbitrator appointed under it would involve is not stated.

Legal Rights & Agreement Rules · User right or choice

American Express will not elect arbitration for an individual claim you file in small claims court

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.

Supporting quotations

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

Qualifications & exceptions

• The promise covers claims you file, and only while the claim is individual and pending only in small claims court.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — American Express will not elect arbitration for an individual claim a customer files in small claims court and that is pending only there.

Legal Rights & Agreement Rules · Restriction or exception

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

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

Supporting quotations

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

Legal Rights & Agreement Rules · Restriction or exception

Arbitrated claims proceed individually, with no class or representative claims; if that fails, the clause falls

If either party elects arbitration, the claim is arbitrated on an individual basis. There is no right or authority for claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity 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, the entire Arbitration provision (other than that sentence) will not apply.

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.

Qualifications & exceptions

• Whether a portion is "deemed invalid or unenforceable" is decided outside this agreement; the card explains the stated consequence only.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — Arbitrated claims proceed individually with no class or representative claims, and if the Limitations on Arbitration are held invalid the whole Arbitration provision does not apply.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA; the arbitrator applies substantive law and may award any relief a court could

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. 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.

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.

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.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is confidential; American Express will not disclose its content or outcome; authorities may be notified

You and American Express agree that the arbitration will be confidential, and that American Express will not disclose the content of the arbitration proceeding or its outcome to anyone. You or American Express may notify any government authority of the claim as permitted or required by law.

Supporting quotations

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.

Qualifications & exceptions

• The disclosure bar is worded as what "we" (American Express) will not do; the surrounding sentence says "you and we agree that the arbitration will be confidential".

Not stated here

• The text does not say whether you may yourself discuss the content or outcome of the arbitration; it states only that American Express will not disclose them.

Legal Rights & Agreement Rules · Procedure

Either side can appeal an award within 35 days to a three-arbitrator panel; you may choose your own federal district

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and/or to challenge or appeal under the FAA. To start 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 on written submissions, any aspect of the decision objected to, and the appeal otherwise follows the organization's appellate rules. Judgment on any award may be entered in any court with jurisdiction. At your election, arbitration hearings take place in the federal judicial district of your residence.

Supporting quotations

The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.

Cross-references

• qualifies (model-proposed): Arbitration is narrower than court: limited discovery, claims between you and us only, no joinder, final and binding — The "final and binding" decision is subject to the appeal and challenge rights set out in the Arbitration Procedures passage.

Legal Rights & Agreement Rules · Company commitment

You pay arbitration fees only up to the court filing fee; American Express pays the rest and may advance your share

You are responsible for 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 or expert-fee payment is a good-faith consideration on written request, not a promise to pay.

Legal Rights & Agreement Rules · Company commitment

Beating American Express's final offer in arbitration brings at least $5,000 plus reasonable attorneys' fees and costs

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 award will include any money to which you are entitled, but in no case less than $5,000, and 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.

Qualifications & exceptions

• Applies only when the award is greater than American Express's final offer made before the final hearing.

Legal Rights & Agreement Rules · User right or choice

You may reject arbitration by signed written notice mailed 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 (a sample is at americanexpress.com/reject). It must be mailed within 45 days after your first Card purchase, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature; no one else may sign it. If it complies, this Arbitration provision and any other arbitration provisions in 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 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 on your Account.

Supporting quotations

Your Right to Reject Arbitration: You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998. Go to americanexpress.com/reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member Agreements for any other currently open American Express Accounts you have will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Qualifications & exceptions

• The rejection reaches your other open American Express Accounts' arbitration provisions, with the stated exceptions.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration in place of court and jury trial, subject to stated limits — A customer who mails a compliant rejection notice within 45 days after the first Card purchase is not subject to the Arbitration provision, with stated exceptions.

Legal Rights & Agreement Rules · Restriction or exception

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

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 section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it does 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.

Account & Service Control · Company practice

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

American Express sends notices by U.S. mail, courier, or electronically using the information in its records. A notice is considered given when it is mailed or delivered electronically.

Supporting quotations

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

Qualifications & exceptions

• A notice counts as given when sent, not when you receive or read it.

Use & Processing · Permission or license

You authorize American Express and its agents to contact you by call, text, email or push, including by autodialer

To service your Account or collect amounts you owe, you authorize American Express (and its affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact 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, and may use an automated dialer or prerecorded messages. It may contact you on a mobile, wireless or similar device, even if you are charged for it.

Supporting quotations

Servicing and Collections: If we need to contact you to service your Account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you. We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.

Qualifications & exceptions

• Stated for servicing your Account or collecting amounts owed.
• "Any other method of communication permitted by law" limits methods to those lawful.

Data Access & Collection · Permission or license

American Express may monitor and record calls between you and it

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

Supporting quotations

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

Account & Service Control · Procedure

You must tell American Express right away if your address, email or phone changes, separately for each Account

You must notify American Express immediately if you change your mailing address, email address or telephone number. 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

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

Legal Rights & Agreement Rules · Restriction or exception

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

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 for the credited amount, you agree not to pursue any claim against the merchant for that amount, and you agree to cooperate with American Express if it decides to pursue the merchant.

Supporting quotations

Disputed charges: If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.

You agree that you will not pursue any claim against the merchant for the credited amount and you will cooperate with us if we decide to do so.

Qualifications & exceptions

• The assignment applies only if American Express chooses to credit the disputed charge.

Data Access & Collection · Permission or license

You agree American Express will pull credit reports on you, use the information for any purpose, and report your Account

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 it will use that information for any purposes (for example, marketing to you or evaluating you for a new Account), subject to applicable law. You agree it will give information about the Account to credit reporting agencies, and it will tell a credit reporting agency if you fail to comply with the Agreement, which may negatively affect your credit report.

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. 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.

Qualifications & exceptions

• Use of the information "for any purposes" is stated as subject to applicable law.

Not stated here

• The text does not list the "other sources" of information.

Account & Service Control · Procedure

To contest information given to a credit reporting agency, write to the American Express Credit Bureau Unit

If you believe information American Express has given to a credit reporting agency is incorrect, 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

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

Account & Service Control · Restriction or exception

American Express may treat the Account as in default for five listed reasons, including a belief you cannot pay

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

Supporting quotations

Default: We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

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

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

Qualifications & exceptions

• "May consider" is a right, not an automatic status.

Not stated here

• The text of another agreement with American Express or an affiliate, whose default can count here, is not supplied, so what such an agreement requires cannot be stated.
• The text does not say which provisions of the Agreement, if violated, count under the first ground.

Account & Service Control · Permission or license

On default, incapacity or death, American Express may suspend charges and features and demand payment of the balance

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, 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.

Qualifications & exceptions

• Limited to what federal and applicable state law permit.

Charges & Financial Obligations · Restriction or exception

You agree to pay reasonable costs of collecting what you owe, including attorneys' fees

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

Supporting quotations

Collection costs: 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 cancel the Account or suspend charges or features 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, you must still pay for all charges under the Agreement. It may agree to reinstate your Account and any Additional Cards, and charge any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

Closing or suspending your Account: We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, or 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. We may agree to reinstate your Account, 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 in this passage; another passage gives a $25 fee for re-opening a cancelled Account.

Charges & Financial Obligations · User right or choice

You may close the Account; the Annual Fee is refunded only if you close within 30 days after the statement Closing Date

You may close your Account by calling or writing to American Express. If an Annual Fee applies, it is refunded if you tell American Express you are voluntarily closing the Account within 30 days after the Closing Date of the billing statement on which the fee appears. For cancellations after those 30 days, the Annual Fee is non-refundable. If your billing address is in Massachusetts when you close the Account, this refund policy does not apply to you. If a cancelled Account is re-opened at your request, American Express may charge 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.

Qualifications & exceptions

• The 30 days run from the Closing Date of the statement showing the fee, not from payment.

Not stated here

• The text says the policy "will not apply" to a Massachusetts billing address but does not say what applies instead.

Cross-references

• qualifies (model-proposed): Annual Fee is $895 — The $895 Annual Fee is refunded only if you close within 30 days after the Closing Date of the statement showing it, with a Massachusetts billing address carve-out.
• referred to by (model-proposed): You are responsible for all use of your Account by Additional Card Members, who may be given Account information — The Additional Card text sends the reader to the Closing or suspending your Account sub-section of Part 3 for the Annual Fee refund policy.

Use & Processing · Permission or license

Paying by check lets American Express make a one-time electronic debit, possibly the same day, and keep your check

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 the check back from your bank. In certain circumstances, it may process your payment as a check transaction.

Supporting quotations

When you pay us by check; permission for electronic debit: When you pay us by check, you authorize us to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account. When we do this, your payment may be withdrawn from your bank or other asset account as soon as the same day we receive your check, and you will not receive that check back from your bank or financial institution. In certain circumstances, we may process your payment as a check transaction.