Delta SkyMiles® Blue American Express Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 is dated June 30, 2026 and issued by American Express National Bank for the Delta SkyMiles Blue Card

This is Part 1 of 3 of the Card Member Agreement for the Delta SkyMiles® Blue American Express Card. The document states it is "As of: 06/30/2026" and names American Express National Bank as the issuer. The version shows rate ranges and the fee table in general form; the credit limit and any rate assigned to a particular account are not in this published text.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Delta SkyMiles® Blue American Express Card

Qualifications & exceptions

• The date is an "As of" date for this Part 1; it is not described as an effective date for each term.

Not stated here

• The credit limit, cash advance limit and the APR assigned to an individual account are not in this published Part 1.

Charges & Financial Obligations · Company practice

Purchase and cash advance APRs are Prime Rate plus a margin; the purchase APR is a range

Purchases carry a variable APR of Prime Rate plus 12.74% up to Prime Rate plus 21.74%. Cash advances carry a variable APR of Prime Rate plus 21.99%. Both are marked as variable and the table points to the Explanation of Variable Rates. The table does not say which point in the purchase range applies to a given account, and it gives no numeric APR or Daily Periodic Rate.

Supporting quotations

Annual Percentage Rate (APR) for Purchases | Prime Rate + 12.74% to Prime Rate + 21.74% This is a variable APR.

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

Qualifications & exceptions

• The purchase rate is stated as a range of margins over the Prime Rate.
• "Cash advance" is defined in Part 2; see the card on definitions.

Not stated here

• Which margin in the 12.74% to 21.74% range applies to a particular account is not stated.
• The numeric Prime Rate and the resulting numeric APRs are not stated in the agreement.

Charges & Financial Obligations · Company practice

Variable APRs follow the Prime Rate as published by The Wall Street Journal and will not exceed 29.99%

If the Prime Rate increases, variable APRs (and the corresponding Daily Periodic Rates) increase, so a Card Member may pay more interest and may have a higher Minimum Payment Due. A change takes effect as of the first day of the billing period during which the Prime Rate changed. 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 none is published that day, the previous publication day is used, and if the paper stops publishing it, American Express may use a rate published in another newspaper of general circulation. Variable APRs will not exceed 29.99%.

Supporting quotations

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

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%.

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

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

Qualifications & exceptions

• The 29.99% limit applies to variable APRs as stated.
• A replacement newspaper is allowed ("may use") only if The Wall Street Journal no longer publishes or stops publishing the rate.

Not stated here

• The agreement mentions corresponding DPRs but the published text lists no DPR values (see the DPR cards in Part 2).

Charges & Financial Obligations · Restriction or exception

A penalty APR of Prime Rate plus 26.74% may be applied to new transactions after a missed or returned payment

American Express has the right to apply the Penalty APR (a variable APR of Prime Rate + 26.74%) to new Transactions if the Minimum Payment Due is not paid by the Payment Due Date or if a payment is returned by the Card Member's bank, in which case it says it will notify the Card Member. If applied, it applies for at least 6 months. Every 6 months after it is applied the Account is reviewed, and it continues until the Card Member has made timely payments with no returned payments during the 6 months 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 if: • you do not pay at least the Minimum Payment Due by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.

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

Qualifications & exceptions

• The right is stated as applying to new Transactions, not to existing balances.
• The penalty APR is itself a variable APR; the Explanation of Variable Rates, including the 29.99% statement, is a separate paragraph.

Not stated here

• The agreement does not say how the 29.99% limit on variable APRs relates to a penalty APR of Prime Rate + 26.74% when the Prime Rate is high; the two statements are quoted as written.

Charges & Financial Obligations · Company practice

No interest on purchases if the balance is paid by the due date; cash advance interest starts on the transaction date

The table says the Due Date is at least 25 days after the close of each billing period. American Express will not charge interest on purchases if the Card Member pays the entire balance each month by the due date (or, with a plan outstanding, the balance adjusted for plans). Interest on cash advances begins on the transaction date. The grace period section later in Part 1 gives the same rule with more detail, including that an active Plan It plan lets the Card Member enter an Interest Free Period by paying at least the Balance Adjusted for Plans.

Supporting quotations

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

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

We will begin charging interest on cash advances on the transaction date.

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

Qualifications & exceptions

• The no-interest rule applies to purchases only.

Not stated here

• How the "Balance Adjusted for Plans" figure is computed is not spelled out in this agreement.

Cross-references

• refers to (model-proposed): Purchases are interest free only in an Interest Free Period; otherwise interest runs from the transaction date — The Part 1 table summarizes the rule that the Interest Free Period section later states in detail, including the active plan route.

Charges & Financial Obligations · Company practice

Plan It charges a monthly fixed finance charge of up to 1.33% of the amount in a plan

If a plan is set up through Plan It, a monthly plan fee applies: up to 1.33% of each purchase or amount placed in the plan, depending on the plan duration, the APR that would otherwise apply, and other factors. The fee is a fixed finance charge charged each month a plan is active. Its dollar amount is disclosed before a plan is set up, and Part 2 explains that plan amounts carry the plan fee instead of the APR for purchases.

Supporting quotations

A monthly fee of up to 1.33% of each purchase or amount moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase, and other factors.

This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan.

When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

Qualifications & exceptions

• Plan It is described elsewhere as something American Express "may offer", so it is not promised to every account.

Not stated here

• The actual percentage for a given plan is not stated; only the 1.33% upper limit is.

Legal Rights & Agreement Rules · Context

The table points to the Consumer Financial Protection Bureau for credit card tips

The Rates and Fees Table includes a pointer for credit card tips from the Consumer Financial Protection Bureau, with a website address for learning about factors to consider when applying for or using a credit card. It is an informational pointer to a government website that is not part of the supplied text.

Supporting quotations

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

Not stated here

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

Charges & Financial Obligations · Company practice

No annual fee, no fee for additional cards, no foreign transaction fee and no overlimit fee are stated

The table lists the Annual Fee as None, and Part 1 repeats that the Annual Fee for Additional Cards is None. The Transaction Fees row lists Cash Advance and Foreign Transaction with two values, the second being None, and the later line states Foreign Transaction: None. In the Penalty Fees row, which lists Late Payment, Returned Payment and Overlimit, the third value is None, and the later line states Overlimit: None with a pointer to the Credit Limit section.

Supporting quotations

Annual Fee | None

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

Annual Fee for Additional Cards: None.

Foreign Transaction: None.

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

Transaction Fees • Cash Advance • Foreign Transaction | Either $10 or 5% of the amount of each cash advance, whichever is greater. None

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

Qualifications & exceptions

• In the flattened table rows, values are read in the order the fee labels are listed; the separate fee lines for Foreign Transaction and Overlimit confirm that None belongs to those labels.

Not stated here

• "None" is stated for these fees only in this agreement; other charges (cash advance, late payment, returned payment, returned check, account re-opening) are separate cards.

Charges & Financial Obligations · Company practice

Cash advance fee is the greater of $10 or 5% of the transaction, including any ATM operator fee

The fee for each cash advance is 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10; the table words it as either $10 or 5% of each cash advance, whichever is greater. The fee is added to the Cash Advance balance. What counts as a cash advance is defined in Part 2 and is broad, so the fee and the cash advance APR can apply to more than withdrawals of cash.

Supporting quotations

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

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

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 definition of "cash advance" in Part 2 lists cash equivalents such as travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips and betting transactions.

Not stated here

• Whether a particular merchant transaction is classified as a cash advance is not determinable from the agreement.

Cross-references

• defined by (model-proposed): Charge types are defined, and the cash advance definition includes betting and cash equivalents — The Part 2 definition of a cash advance sets what the cash advance fee and cash advance APR cover.

Charges & Financial Obligations · Company practice

Late payment fee is $29 first, then $40 if repeated within 6 billing periods, capped at the prior Minimum Payment Due

The late payment fee is stated as up to $40. If the Minimum Payment Due is not received by its Payment Due Date, the fee is $29; if that happens again within the next 6 billing periods, the fee is $40. The late fee on a statement will not exceed the Minimum Payment Due on the prior billing statement.

Supporting quotations

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

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

Charges & Financial Obligations · Company practice

Returned payment fee is $29 first, then $40 on a repeat within 6 billing periods, with a cap

The returned payment fee is stated as up to $40. If a payment is returned unpaid the first time it is presented to the Card Member's bank, the fee is $29. If it happens again within the same billing period or the next 6 billing periods, the fee is $40. The returned payment fee on a statement will not exceed the applicable Minimum Payment Due on the 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 applicable Minimum Payment Due on your prior billing statement.

Charges & Financial Obligations · Company practice

Returned check fee is $38 and reopening a cancelled account costs $25

A $38 fee applies if the card is used to cash a check at one of the approved locations and the check is returned unpaid; the unpaid amount is also charged. An Account Re-opening fee of $25 applies if the Account is cancelled, the Card Member asks to reopen it, and American Express does so. Part 3 repeats that a $25 fee may be charged on re-opening at the Card Member's request.

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.

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

Qualifications & exceptions

• The $25 fee is also mentioned in Part 3 as one that "may" be charged on re-opening.

Not stated here

• The list of approved check-cashing locations is not given in this agreement.

Charges & Financial Obligations · Company practice

Fees go to the purchase balance unless stated otherwise; interest uses the average daily balance method

Fees are added to a purchase balance unless American Express says otherwise; the cash advance fee is an example of a stated exception, being added to the Cash Advance balance. The table summarizes the interest method as the average daily balance method including new purchases and points to the How we calculate interest section in Part 2, which gives the formula.

Supporting quotations

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

We will add this fee to the Cash Advance balance.

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

Qualifications & exceptions

• The "unless we tell you otherwise" wording leaves open other allocation by notice.

Not stated here

• Where the agreement says "unless we tell you otherwise", it does not say how or where that would be told.

Account & Service Control · Company practice

American Express assigns a Credit Limit and Cash Advance Limit and may raise or lower them at any time

American Express assigns a Credit Limit and may make part of it available for cash advances (the Cash Advance Limit); there may also be a limit on ATM withdrawals in a given period. The limits are shown on page 1 of Part 1 and on each billing statement. American Express may increase or reduce either limit even if the Card Member pays on time and the Account is not in default. The Card Member agrees to manage the Account so that the Account balance (including fees and interest) stays within the Credit Limit, the cash advance balance (including fees and interest) stays within the Cash Advance Limit, and, if a plan exists, total plan balances including plan fees stay within the Credit Limit.

Supporting quotations

We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit). There may also be a limit on the amount you can withdraw from ATMs in a given period.

We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default. You agree to manage your Account so that:

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

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

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

Qualifications & exceptions

• The ATM limit is described as something that "may" exist, without an amount.
• The statement that limits are "shown on page 1 of Part 1" refers to a Part 1 that, in this published copy, does not show them.

Not stated here

• The amounts of the Credit Limit, Cash Advance Limit and any ATM withdrawal limit are not in this published agreement.

Cross-references

• contrast (model-proposed): Charges over the Credit Limit may be approved with no overlimit fee, and the excess may be called for promptly — The Card Member agrees to keep the balance within the Credit Limit, while American Express may approve charges over the limit with no overlimit fee and may ask for the excess to be paid promptly. The two provisions pull in different directions; the agreement does not reconcile them.

Charges & Financial Obligations · Restriction or exception

Charges over the Credit Limit may be approved with no overlimit fee, and the excess may be called for promptly

American Express may approve charges that cause the Account balance to go over the Credit Limit. If it does, it will not charge an overlimit fee. If it asks the Card Member to promptly pay the part of the balance above the Credit Limit, the Card Member agrees to do so. The Card Member separately agrees, in the limits provision, to manage the Account so the balance does not exceed the Credit Limit.

Supporting quotations

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

Qualifications & exceptions

• The no-overlimit-fee statement is tied to charges American Express approves.

Not stated here

• The agreement does not say when or how promptly American Express would ask for the excess to be paid.

Cross-references

• contrast (model-proposed): American Express assigns a Credit Limit and Cash Advance Limit and may raise or lower them at any time — The Card Member agrees to keep the balance within the Credit Limit, while American Express may approve charges over the limit with no overlimit fee and may ask for the excess to be paid promptly. The two provisions pull in different directions; the agreement does not reconcile them.

Charges & Financial Obligations · Restriction or exception

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

The Person-to-Person Limit is $2,000 within any 30-day period, and the Card Member agrees to manage the Account so the total of person-to-person transactions in any 30-day period does not exceed it. American Express may not approve a person-to-person transaction that would cause the Account to exceed the applicable person-to-person limit or the Credit Limit. A person-to-person transaction is defined in Part 2 as a charge for funds sent to another person or a charge to add funds to an Amex Send account.

Supporting quotations

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

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

A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

Not stated here

• Whether the 30-day period is a rolling window or a fixed calendar period is not stated beyond "any 30-day period".

Cross-references

• defined by (model-proposed): Charge types are defined, and the cash advance definition includes betting and cash equivalents — The Part 2 definition of a person-to-person transaction sets what the $2,000 limit covers.

Charges & Financial Obligations · Company practice

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

To calculate the Minimum Payment Due, American Express starts with the highest of (1) interest charged on the statement plus 1% of the New Balance (excluding interest, penalty fees, overlimit amount and plan balances), (2) 2% of the New Balance (excluding penalty fees, overlimit amount and plan balances), or (3) $40. It then adds any penalty fees shown on the statement, up to 1/24th of any overlimit amount, any plan payment due and any amount past due. The Minimum Payment Due will not exceed the New Balance, and the Card Member may pay more than the Minimum Payment Due, up to the New Balance, at any time.

Supporting quotations

To calculate the Minimum Payment Due for each billing statement, we start with the highest of:

Interest charged on the billing statement plus 1% of the New Balance (excluding any interest, penalty fees, overlimit amount, and plan balances); or

2% of the New Balance (excluding any penalty fees, overlimit amount, and plan balances); or

$40.

Then we add any penalty fees shown on the billing statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due.

Your Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Qualifications & exceptions

• The two percentage items exclude specified amounts from the New Balance they use.
• The amounts added after the highest-of step are penalty fees, up to 1/24th of any overlimit amount, plan payments due and past-due amounts.

Not stated here

• "New Balance" is used as a statement figure and is not separately defined in this agreement.

Charges & Financial Obligations · Context

The worked example shows the interest-plus-1% item producing $58.27 as the highest of three amounts

The example assumes a New Balance of $2,900, interest of $29.57 and no active plans, overlimit amount, penalty fees or past-due amounts. Item 1 is $29.57 plus 1% of ($2,900 minus $29.57), or $58.27. Item 2 is $58 (2% of $2,900). Item 3 is $40. The highest, $58.27, is the starting amount, and the text adds that if the account has any active plans, overlimit amount, penalty fees or past-due amounts, the Minimum Payment Due will be higher. It is an illustration only and does not state any account's actual payment.

Supporting quotations

EXAMPLE: Assume that your New Balance is $2,900, interest is $29.57, and you have no active plans, overlimit amount, penalty fees, or amounts past due.

$29.57 plus 1% multiplied by ($2,900 minus $29.57) equals $58.27

$58 (2% of $2,900)

$40

The highest of 1., 2., or 3. is $58.27. If your account has any active plans, overlimit amount, penalty fees, or amounts past due, your Minimum Payment Due will be higher.

Qualifications & exceptions

• Example figures are assumptions in the text, not rates or amounts that apply to a particular account.

Charges & Financial Obligations · Company practice

Purchases are interest free only in an Interest Free Period; otherwise interest runs from the transaction date

No interest is charged on purchases while the account is in an Interest Free Period, which begins when the New Balance shown on the statement is paid by the Payment Due Date or the account had no previous balance. When the account is not in an Interest Free Period, interest on purchases is charged from the date of the transaction. After the account returns to an Interest Free Period, interest may still appear on the next statement, reflecting interest from the beginning of that billing cycle through the date the payment was received. With an active Plan It plan, paying at least the Balance Adjusted for Plans by the due date enters an Interest Free Period. Part 2 explains how interest is calculated.

Supporting quotations

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

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

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

After you enter an Interest Free Period again, interest may appear on your next billing statement. This reflects interest charged from the beginning of that billing cycle through the date the payment was received.

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

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

Qualifications & exceptions

• The Interest Free Period applies to purchases; cash advances and balance transfers are separate (see that card).

Not stated here

• "Balance Adjusted for Plans (or Adjusted Balance)" is named but not computed here.

Cross-references

• referred to by (model-proposed): No interest on purchases if the balance is paid by the due date; cash advance interest starts on the transaction date — The Part 1 table summarizes the rule that the Interest Free Period section later states in detail, including the active plan route.

Charges & Financial Obligations · Restriction or exception

Balance transfers and cash advances are charged interest from the transaction date with no Interest Free Period

Balance transfers and cash advances are charged interest from the date of the transaction and do not have an Interest Free Period. This differs from purchases, which can be interest free when the balance is paid in full by the due date. The Part 1 table likewise says interest on cash advances starts on the transaction date.

Supporting quotations

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

Qualifications & exceptions

• The sentence on balance transfers appears even though the Part 1 rates table lists no balance transfer APR; the agreement does not say what rate would apply.

Not stated here

• No balance transfer APR or fee is listed in this published Part 1.

Legal Rights & Agreement Rules · Context

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

The heading states that Part 1, Part 2, Part 3 and any supplements or amendments make up the Card Member Agreement. A Card Member can request a copy through the online account or by calling the number on the back of the Card. This published document includes a rewards supplement after Part 1 and the three Parts.

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.

Qualifications & exceptions

• The sentence is carried by a heading in the source.

Not stated here

• Amendments or supplements other than the Delta rewards supplement in this document are not supplied.

Charges & Financial Obligations · Company commitment

The Card earns 1 mile per $1 of eligible purchases; fees, interest, cash advances and other items are not eligible

The Card earns 1 mile for each $1 of eligible purchases on the Delta SkyMiles Blue American Express Card (Card Account). Eligible purchases are purchases for goods and services minus returns and other credits. Eligible purchases do not include fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents including gift cards, or person-to-person transactions.

Supporting quotations

You receive 1 mile for each $1 of eligible purchases on your Delta SkyMiles® Blue American Express Card (Card Account).

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

Eligible purchases do NOT include: fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, including gift cards, or person-to-person transactions

Qualifications & exceptions

• Miles are credited to the Delta SkyMiles account after the billing period ends and can be forfeited if the Minimum Payment Due is missed (see the rewards cards in the next packet).

Not stated here

• How miles are rounded is not stated.

Cross-references

• qualified by (model-proposed): Missing the Minimum Payment Due forfeits that period's miles; reinstatement within 12 periods costs $35 — Miles earned in a billing period are forfeited if the Minimum Payment Due is not paid by the Payment Due Date, and may be reinstated for a fee.

Charges & Financial Obligations · Company commitment

Purchases submitted with a Delta merchant code earn 1 additional mile, except air travel in all-inclusive tour packages

The Card earns 1 additional mile (2 total) per $1 of eligible purchases submitted to American Express using a Delta merchant code for: air travel on a Delta flight, air travel on a Delta partner flight with a DL flight number, Delta Stays prepaid hotels and vacation rentals, Delta Vacations packages, and other Delta services. Additional miles are not earned on purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages. Additional miles also depend on the merchant's code being in a reward category and on American Express receiving accurate information, as the next packet describes.

Supporting quotations

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account for the following purchases submitted to us using a Delta merchant code: air travel on a Delta flight air travel on a Delta partner flight with a DL flight number

Delta Stays prepaid hotels and vacation rentals

Delta Vacations® packages other Delta services

You will NOT receive additional miles for: purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages

A purchase with a merchant will not receive additional miles if the merchant's code is not included in a reward category.

Qualifications & exceptions

• The PDF text runs the list items together without separators in some blocks; the card reads them as the separate categories they appear to be.
• Whether "other Delta services" is a separate category or part of the Delta Vacations line cannot be determined from the extracted text alone.

Not stated here

• The agreement does not define "other Delta services" or "Delta partner".

Cross-references

• qualified by (model-proposed): Additional miles depend on the merchant code, and several common payment routes may not earn them — Additional miles for Delta purchases depend on the merchant code being in a reward category and on American Express identifying the purchase as eligible.

Charges & Financial Obligations · Company commitment

Eligible purchases at restaurants worldwide earn 1 additional mile

The Card earns 1 additional mile (2 total) per $1 of eligible purchases charged at restaurants worldwide. In the extracted text this sentence follows the all-inclusive tour package exclusion in the same block, so the exclusion is quoted exactly with the Delta travel card; the restaurant sentence reads as a separate earning rule with its own wording and no stated exclusion in this block. The restaurant earning rule is still subject to the eligible-purchase exclusions and the merchant-code limits in the next packet.

Supporting quotations

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at restaurants worldwide.

You may not receive additional miles if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category.

Qualifications & exceptions

• The source places this sentence in the same extracted block as the tour package exclusion; whether the exclusion was meant to carry over is not stated.

Not stated here

• How a restaurant is identified (by merchant code) is addressed only in the general merchant-code paragraph.

Charges & Financial Obligations · Restriction or exception

Additional miles depend on the merchant code, and several common payment routes may not earn them

Merchants are assigned codes based on what they primarily sell, and American Express groups certain codes into categories eligible for additional miles. A purchase with a merchant whose code is not in a reward category does not receive additional miles. Additional miles may also be missed if American Express receives inaccurate information or cannot identify the purchase as eligible for a reward category. The examples given are a merchant using a third party to sell its products or services, a merchant using a third party to process or submit the transaction (for example mobile or wireless card readers), and a purchase made through a third-party payment account or a mobile or digital wallet. The earlier exclusion of air travel in all-inclusive tour packages from additional miles is a separate limit.

Supporting quotations

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

You may not receive additional miles if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category.

a merchant uses a third-party to sell their products or services; or a merchant uses a third-party to process or submit your transaction to us (e.g., using mobile or wireless card readers); or you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet.

You will NOT receive additional miles for: purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages

Qualifications & exceptions

• The examples use "may not", so they are possibilities and not a guaranteed loss of miles.

Not stated here

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

Cross-references

• qualifies (model-proposed): Purchases submitted with a Delta merchant code earn 1 additional mile, except air travel in all-inclusive tour packages — Additional miles for Delta purchases depend on the merchant code being in a reward category and on American Express identifying the purchase as eligible.

Account & Service Control · Procedure

Questions about additional miles go to the number on the Card; the miles balance can be viewed in the online account

For questions about additional miles on a purchase, the Card Member is told to call the number on the back of the Card, and to visit americanexpress.com/rewards-info for more information about rewards. The miles balance can be viewed by logging onto the online account at americanexpress.com and viewing the account summary page.

Supporting quotations

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

You can view your miles balance by logging onto your online account at americanexpress.com and viewing your account summary page.

Not stated here

• The content of the referenced rewards information page is not part of this agreement.

Charges & Financial Obligations · Company practice

Promotional bonus miles follow their own offer terms and post 8 to 12 weeks after month end

From time to time American Express may make promotional offers of bonus miles, with terms on how the miles are earned and when they can be used; those offer terms may differ from the general earning terms in this section. Bonus miles from promotional offers are posted to the Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible, the account must not be cancelled or delinquent at the time of bonus fulfillment.

Supporting quotations

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

Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at time of bonus fulfillment.

Qualifications & exceptions

• Offer terms can differ from the standard earning terms.

Not stated here

• The agreement does not define "delinquent" for this purpose beyond its use in the sentence.
• The terms of any specific promotional offer are not supplied.

Charges & Financial Obligations · Company practice

Miles are transferred to the Delta SkyMiles account after the end of the billing period in which they were earned

American Express transfers the miles the Card Member receives to the Delta SkyMiles account after the end of the billing period in which they were received.

Supporting quotations

We transfer the miles you receive to your Delta SkyMiles account after the end of the billing period in which you received them.

Not stated here

• No specific number of days for the transfer after the period ends is given for ordinary miles.

Charges & Financial Obligations · Restriction or exception

Missing the Minimum Payment Due forfeits that period's miles; reinstatement within 12 periods costs $35

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, the Card Member forfeits the miles earned for eligible purchases during that billing period. The example says that if a billing period closes January 15, the minimum payment is due February 10 and is not paid by then, no miles are earned for purchases in "the billing period ending February 15". The Card Member may reinstate those miles within the next 12 billing periods if the Card Account is not past due and the Card Member pays a $35 fee. Paying by a date means the payment is received and credited to the Account by that date.

Supporting quotations

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

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

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

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date.

Qualifications & exceptions

• The example text says the billing period closes January 15 but ends with "the billing period ending February 15"; the example is quoted exactly and the inconsistency in dates is the publisher's.
• "Pay by a date" means received and credited by that date, which makes timing of the payment relevant.

Not stated here

• The agreement does not say whether reinstatement is available for miles forfeited more than once.

Cross-references

• qualifies (model-proposed): The Card earns 1 mile per $1 of eligible purchases; fees, interest, cash advances and other items are not eligible — Miles earned in a billing period are forfeited if the Minimum Payment Due is not paid by the Payment Due Date, and may be reinstated for a fee.

Charges & Financial Obligations · Restriction or exception

Miles are earned only for eligible purchases intended for personal, family or household use

The reward program gives miles only for eligible purchases intended for personal, family or household use.

Supporting quotations

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

Not stated here

• The agreement does not say how a purchase's intended use is determined.

Account & Service Control · Restriction or exception

Each Basic Card Member needs a unique active Delta SkyMiles account or the Card Account may be cancelled

Each Basic Card Member must have a unique Delta SkyMiles loyalty account, and American Express may cancel the Card Account if the Card Member does not maintain an active Delta SkyMiles loyalty account.

Supporting quotations

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

Not stated here

• What makes a Delta SkyMiles account "active" is set by Delta and is not defined here.

Charges & Financial Obligations · Permission or license

American Express may change the reward program at its discretion, and abuse can cost some or all miles

American Express may change the terms of the reward program at its discretion. If the Card Member violates or abuses the program, some or all of the miles may be forfeited.

Supporting quotations

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

Qualifications & exceptions

• The forfeiture statement says "may forfeit some or all".

Not stated here

• The agreement does not define what counts as abuse or violation of the program, or how much notice a change receives.

Charges & Financial Obligations · Restriction or exception

American Express is not responsible for miles after they are credited to the SkyMiles account or for what Delta does

American Express says it is not responsible for miles after they are credited to the Card Member's SkyMiles account, and is not responsible for the actions of Delta on that SkyMiles account.

Supporting quotations

We are not responsible for miles after they are credited to your SkyMiles account. We are also not responsible for the actions of Delta on your SkyMiles account.

Charges & Financial Obligations · Context

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules, which govern redemption and Delta changes

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules, and the Card Member is told to refer to that document for how to redeem miles, Delta's right to change its program terms, and other conditions that may apply to Delta's program. That document is not part of the supplied agreement.

Supporting quotations

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules. You should refer to that document for details on: how to redeem your miles,

Delta's right to change its program terms, and

Other conditions that may apply to Delta’s program.

Qualifications & exceptions

• Redemption and other Delta program conditions are outside this agreement.

Not stated here

• The text of the Delta SkyMiles Membership Guide and Program Rules is not supplied, so redemption terms, expiration and Delta's change rights are unknown.

Account & Service Control · Procedure

Card benefits and their terms are viewable in the online account's Benefits Dashboard

The Card Member can view all Card benefits and the corresponding Terms and Conditions by logging onto the account at americanexpress.com and viewing the account Benefits Dashboard. Those benefit terms are not reproduced in this agreement.

Supporting quotations

You can view all Card benefits and corresponding Terms and Conditions by logging onto your account at americanexpress.com and viewing your account Benefits Dashboard.

Not stated here

• The benefits and their Terms and Conditions are not supplied.

Legal Rights & Agreement Rules · User right or choice

Using the Account or keeping the Card means agreeing to the Agreement; the Card can be cancelled before first use

This Part 2, together with Part 1 and Part 3 and any supplements or amendments, make up the Card Member Agreement for the Account identified on page 1 of Part 1. By using the Account, or signing or keeping the Card, the Card Member agrees to the terms. If the Card Member has not yet used the Account or made a payment on the Account after receiving a billing statement, the Card can be cancelled without any obligation to pay 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 conditioned on both not having used the Account and not having made a payment after receiving a billing statement, as the sentence is worded.

Not stated here

• The agreement does not state a deadline for the cancellation right.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement subject to applicable law; the written Agreement cannot be modified orally

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. The Agreement does not state in this paragraph how or when notice of a change is given, or a way to reject a change.

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.

Qualifications & exceptions

• The power to change is limited by "applicable law" without naming a law.

Not stated here

• Notice period, method of notice and any right to reject a change are not stated in this paragraph.

Legal Rights & Agreement Rules · Context

"We", "you", "Card" and related terms are defined: you means the applicant, called the Basic or Primary Card Member

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. A Card for an Additional Card Member may be requested. Card means any American Express Card or other device issued to access the Account. To pay by a certain date means to send the payment so that American Express receives and credits it to the Account by that date. The Closing Date, shown on each billing statement, is the last day of the billing period covered by the statement.

Supporting quotations

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

Card means any American Express Card or other device that we issue to access your Account.

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• "Pay by a certain date" means received and credited by that date, not sent by that date.

Charges & Financial Obligations · Context

Charge types are defined, and the cash advance definition includes betting and cash equivalents

A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. A balance transfer is a charge to pay an amount owed on another credit card account. A person-to-person transaction is a charge for funds sent to another person or to add funds to an Amex Send account. A plan is a portion of the account balance selected to pay over time through a set number of monthly payments using Plan It. Because a purchase includes person-to-person transactions here, the rewards section separately excludes them from eligible purchases.

Supporting quotations

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

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

A balance transfer is a charge to pay an amount you owe on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

A plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It.

Qualifications & exceptions

• The cash advance definition lists examples with "including" and is not stated as exhaustive.

Not stated here

• Which merchant categories count as cash equivalents or betting transactions beyond those listed is not stated.

Cross-references

• defines (model-proposed): Cash advance fee is the greater of $10 or 5% of the transaction, including any ATM operator fee — The Part 2 definition of a cash advance sets what the cash advance fee and cash advance APR cover.
• defines (model-proposed): Person-to-person transactions are capped at $2,000 in any 30-day period — The Part 2 definition of a person-to-person transaction sets what the $2,000 limit covers.

Account & Service Control · Restriction or exception

The Card is for personal, family or household use; plans and cash advances are at American Express's discretion

The Card may be used to make charges. At American Express's discretion it may permit plans, cash advances or balance transfers. Balances cannot be transferred from any other account issued by American Express or its affiliates. The Card Member agrees to use the Card for personal, family or household purposes only.

Supporting quotations

You may use the Card to make charges. At our discretion, we may permit you to create plans, make cash advances or balance transfers. You cannot transfer balances from any other account issued by us or our affiliates. You agree to use the Card for personal, family, or household purposes only.

Not stated here

• The agreement does not say what happens if the Card is used for a non-personal purpose.

Sharing & Disclosure · User right or choice

American Express may update merchants on a changed Card number or Account status; a Card Member can opt out

A Card Member may arrange for merchants and third parties to store the Card number and expiration date so they can charge the Account at regular intervals or use the stored information. American Express may, but is not required to, tell those merchants and third parties if the expiration date or Card number changes or if the Account status is updated, including if the Account is cancelled. A Card Member who does not want updated Account information shared can contact American Express using the number on the back of the Card.

Supporting quotations

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

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

• The sharing is permitted ("may") and not required.

Not stated here

• Which merchants or third parties receive the updates, and how a request is processed, is not stated.

Security & Safeguards · Restriction or exception

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

The Card Member is told to keep the Card safe and not let anyone else use it, and to contact American Express right away if the Card is lost or stolen or the Account is being used without permission. The Account may not be used for illegal activities.

Supporting quotations

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

Not stated here

• This paragraph does not state the Card Member's liability for unauthorized use.

Account & Service Control · Restriction or exception

American Express may decline a charge for various reasons and is not responsible for resulting losses

American Express may decline to authorize a charge for various reasons, including suspected fraud or its assessment of the Card Member's creditworthiness, even if the charge would not take the balance over the Credit Limit and even if the Account is not in default. It says it is not responsible for losses if it does not authorize a charge or if a merchant refuses to accept the Card.

Supporting quotations

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

Qualifications & exceptions

• "Various reasons" is open-ended; two examples are given.

Charges & Financial Obligations · Company practice

Plan It may be offered for qualifying purchases or amounts with a monthly fixed fee; cash and transfers do not qualify

American Express may offer Plan It, which lets the Card Member create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee that is a fixed finance charge charged each month a plan is active. The Card Member selects qualifying purchases or a qualifying amount and a plan duration, and can view the monthly plan payments including the plan fee before creating the plan. Each plan fee is disclosed before the plan is created and is based on the plan duration, the APR that would otherwise apply, and other factors. The selected purchases or amount are added to a plan balance and subject to the plan fee instead of the APR for purchases. A qualifying purchase is a purchase of at least a specified dollar amount, and a qualifying amount is a specified portion of the balance. Purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, and any fee owed to American Express such as Annual Fees do not qualify.

Supporting quotations

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

You 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 and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors.

When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance.

do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

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

Qualifications & exceptions

• Plan It is something American Express "may" offer.
• Further limits on creating plans and on cancelling them appear in the following paragraphs.

Not stated here

• The "specified dollar amount" and "specified portion of your balance" are not given in this agreement.

Cross-references

• qualified by (model-proposed): Plan creation depends on creditworthiness, Credit Limit and account status; plan number and length are discretionary — Plan It is offered subject to creditworthiness, Credit Limit and account status conditions.

Charges & Financial Obligations · Restriction or exception

Plan creation depends on creditworthiness, Credit Limit and account status; plan number and length are discretionary

The ability to create plans is based on factors such as creditworthiness and Credit Limit. Plans cannot be created if the Account is cancelled, or if one or more of the Card Member's American Express accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. American Express tells the Card Member how many active plans are allowed and may change that number at any time. Plan durations offered, and whether several purchases or amounts can be included in one plan, are at its discretion based on factors such as creditworthiness, purchase amounts and Account history. The Card Member agrees to manage the Account so total plan balances, including plan fees, are not more than the Credit Limit.

Supporting quotations

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

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Credit Limit. You will not be able to create plans if your Account is cancelled. You will also not be able to create plans if one or more of your American Express accounts is enrolled in a payment program, or has a payment that is returned unpaid, or is past due.

We will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion

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

Qualifications & exceptions

• The restriction reaches any of the Card Member's American Express accounts, not only this Account.

Not stated here

• The number of active plans permitted and the factors beyond those listed are not stated.

Cross-references

• qualifies (model-proposed): Plan It may be offered for qualifying purchases or amounts with a monthly fixed fee; cash and transfers do not qualify — Plan It is offered subject to creditworthiness, Credit Limit and account status conditions.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled, but paying the New Balance in full pays them off early and stops future plan fees

Plans cannot be cancelled after they have been created. The Card Member can pay a plan early by paying in full the New Balance shown on the most recent billing statement. If a plan is paid off early, no future plan fees are incurred on that plan.

Supporting quotations

Plans cannot be cancelled after they have been created but you can choose to pay them early by paying the New Balance shown on your most recent billing statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan.

Not stated here

• The agreement does not say whether fees already incurred on a plan are refunded when it is paid off early.

Charges & Financial Obligations · Company practice

The Card Member promises to pay all charges, including those made or permitted by others, and the Minimum Payment Due

The Card Member promises to pay all charges added to the Account, including charges made by the Card Member or Additional Card Members or that either permits others to make, even if the Card is not presented or no one signs. The Card Member must pay at least the Minimum Payment Due on or before the Payment Due Date, in the time and manner shown on each billing statement. The Card Member is also responsible for all use of the Account by Additional Card Members and anyone they allow to use the Account. Paying by a date means the payment is received and credited by that date.

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

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.

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date.

Charges & Financial Obligations · Procedure

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

Payments are 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. For a payment by mail, the Card Member makes a separate payment for each Account, mails it to the address on the payment coupon, and writes the Account number on the check or instrument and includes 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

A conforming payment is credited the day it is received if on time; otherwise credit is the next day or may be delayed

If a payment meets the stated requirements, it is credited to the Account as of the day it is received, as long as it is received by the time and in the manner disclosed in the billing statement. If received after that time, it is credited the day after receipt. If a payment does not meet the requirements, crediting may be delayed, which may result in late payment fees and additional interest charges.

Supporting quotations

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

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

Qualifications & exceptions

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

Not stated here

• The time of day cutoff is not stated in this agreement.

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S. bank payments are refused; late, partial or conditioned payments change nothing

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

Supporting quotations

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

Charges & Financial Obligations · Company practice

Payments up to the Minimum go to plan amounts and the lowest-rate balance first; the rest goes to the highest rate

If the Account has balances with different interest rates, Plan balances or Plan fees, American Express says it generally applies payments in a billing period as follows. Payments up to the Minimum Payment Due go first to any Plan amounts included in the Minimum Payment Due, then to the balance subject to the lowest interest rate, then to balances subject to higher rates. After the Minimum Payment Due has been paid, payments go to the balance subject to the highest interest rate, then to balances subject to lower rates, and then to any Plan balances. The word "generally" leaves room for exceptions that are not described.

Supporting quotations

Your Account may have balances with different interest rates. For example, purchases may have a lower interest rate than cash advances. Your Account may also have Plan balances which are assessed Plan fees. If your Account has balances with different interest rates, Plan balances, or Plan fees, here is how we generally apply payments in a billing period:

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

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

Qualifications & exceptions

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

Not stated here

• Exceptions to the general order are not described.

Charges & Financial Obligations · Procedure

Credits usually go to the balance of the related charge; a credit for a plan purchase needs a phone call

In most cases a credit is applied to the same balance as the related charge, for example a purchase credit to the purchase balance. Payments and credits may be applied within balances, and among balances with the same interest rate, in any order American Express chooses. A negative balance at the end of a billing period is redistributed to other balances under the payment order, so Plan balances may be paid before they otherwise would be. If the Card Member receives a credit for a purchase placed into a plan, the Card Member must call the number on the back of the Card to have the credit applied to the Plan balance.

Supporting quotations

In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose.

If there is a negative balance in any balance on the account at the end of a billing period, that excess credit will be redistributed to other balances in accordance with how we apply payments described above. This means that in certain circumstances, Plan balances may get paid before they otherwise would.

If you receive a credit for a purchase placed into a plan, you must call us at the number on the back of your Card to have the credit applied to the Plan balance.

Qualifications & exceptions

• "In most cases" leaves other applications possible.

Charges & Financial Obligations · Company practice

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

Interest for a billing period is figured first on each balance, since categories such as purchases and cash advances (and balances within a category) may have different interest rates. American Express uses the Average Daily Balance method including new transactions for each balance, and total interest for the period is the sum of the interest on each balance. Except for rounding, the interest for a balance equals the Average Daily Balance multiplied by the Daily Periodic Rate multiplied by the number of days in the billing period. A Daily Periodic Rate is defined in the next packet as 1/365th of an APR.

Supporting quotations

We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions--such as purchases and cash advances--may have different interest rates. Balances within each category may also have different interest rates.

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

Interest: 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.

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

Qualifications & exceptions

• The formula is stated "except for variations caused by rounding".

Not stated here

• The Daily Periodic Rate values are not listed in this published agreement (see the omission card in the next packet).

Cross-references

• qualified by (model-proposed): A DPR is 1/365th of an APR; the agreement says Part 1 shows the DPRs, but this published Part 1 lists none — The interest formula uses a Daily Periodic Rate that the agreement says is shown in Part 1; the published Part 1 lists no DPR values, so the formula cannot be applied to a figure from this document.

Charges & Financial Obligations · Context

A DPR is 1/365th of an APR; the agreement says Part 1 shows the DPRs, but this published Part 1 lists none

Part 2 defines a Daily Periodic Rate (DPR) as 1/365th of an APR, rounded to one ten-thousandth of a percentage point, and says "Your DPRs are shown in How Rates and Fees Work in Part 1." The Part 1 explanation of variable rates also refers to "corresponding DPRs". In this published copy, the Rates and Fees Table gives APRs only as Prime Rate plus a margin (some as a range), and the How Rates and Fees Work section, which holds the variable rate explanation, the Prime Rate paragraph, fees, limits, the minimum payment calculation and the grace period, lists no DPR value. The only DPR figure in the document is the one in the worked example for an assumed 15.99% rate. This publisher's gap is noted and not filled: no DPR is computed from the APR ranges here.

Supporting quotations

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work in Part 1.

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

How Rates and Fees Work

Determining the Prime Rate:

Qualifications & exceptions

• The reference to Part 1 points to a section of the published document that holds no DPR values.
• The worked example shows a DPR only for an assumed single interest rate of 15.99%.

Not stated here

• The DPR for each balance (purchases, cash advances, penalty) is not stated; it is not computed here from the APR ranges or taken from another source.

Cross-references

• qualifies (model-proposed): Interest for each balance is Average Daily Balance times the Daily Periodic Rate times the days in the billing period — The interest formula uses a Daily Periodic Rate that the agreement says is shown in Part 1; the published Part 1 lists no DPR values, so the formula cannot be applied to a figure from this document.

Charges & Financial Obligations · Company practice

Average Daily Balance is the sum of daily balances over the days in the period; new charges count from their date

To get the Average Daily Balance for a balance, American Express adds up its daily balances and divides the result by the number of days in the billing period. The daily balance for each balance starts with the beginning balance for the day, adds any new charges, subtracts payments or credits, and makes any appropriate adjustments. A new charge is added to a daily balance as of its transaction date, and a negative daily balance is treated as zero.

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.

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

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

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

Qualifications & exceptions

• "Appropriate adjustments" are not defined.

Not stated here

• What adjustments are made to a daily balance is not specified.

Charges & Financial Obligations · Company practice

Interest is compounded daily because each day's beginning balance includes the previous day's interest

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

Supporting quotations

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

Not stated here

• The DPR values used for the daily interest are not stated in the published agreement.

Charges & Financial Obligations · Context

The interest example uses an assumed 15.99% rate, a $2,250 average daily balance and 30 days to reach $29.57

The example 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 days, which the text states equals 0.0438%. Interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which the text states equals $29.57. It is an illustration with assumed figures and is not a rate or interest amount that applies to any particular account.

Supporting quotations

EXAMPLE: Calculating Interest

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

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

number of days in the billing period.

Qualifications & exceptions

• The 15.99% figure is an assumption in the example and is not stated to be any of this Card's APRs.

Charges & Financial Obligations · Permission or license

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

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

Supporting quotations

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

• Which types of charges might be exempted from interest, and any notice of that choice, are not specified.

Legal Rights & Agreement Rules · User right or choice

The Military Lending Act caps the cost of credit for service members and dependents at a 36 percent annual rate

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

Supporting quotations

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

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

Qualifications & exceptions

• The text says "in general", so it is a summary and not the full statute.

Not stated here

• The agreement does not say how a Card Member's covered status is determined.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act covered borrowers are not bound by the arbitration provision but may elect arbitration

A phone number (855-531-0379) is given to listen to the Military Lending Act statement and a description of the payment obligation. If the Card Member is a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply in connection with this Account. If the covered borrower elects arbitration, American Express says it will comply with its obligations under the Claims Resolution section.

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

• The exception qualifies the arbitration provision in the Claims Resolution section analyzed in later packets.

Not stated here

• Whether other parts of the Claims Resolution section (for example the claim notice and mediation steps) apply to a covered borrower is not stated beyond this sentence.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which replaces court, jury trial and class or representative claims — For a covered borrower under the Military Lending Act the Arbitration provision does not apply to the Account, although the covered borrower may elect arbitration.

Account & Service Control · Company practice

Additional Cards may be issued on request, and American Express may report their use to credit reporting agencies

American Express may issue additional Cards on the Account at the Card Member's request. Additional Card Members can use the Account subject to the Agreement, and American Express may report their use of the Account to credit reporting agencies. If an Annual Fee applies to Additional Cards, it is shown on page 2 of Part 1; for this Card Part 1 states the Annual Fee for Additional Cards is None.

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.

Account & Service Control · Company practice

The Card Member is responsible for Additional Card Member use and authorizes sharing Account information with them

The Card Member is responsible for all use of the Account by Additional Card Members and anyone they allow to use it, and must pay for all charges made. The Card Member also authorizes American Express to give Additional Card Members information about the Account and to discuss it with them. The Card Member must contact American Express to cancel an Additional Card Member's ability to use the Account. If an Annual Fee applies for an Additional Card, the refund policy in the Closing or suspending your Account sub-section of Part 3 applies, and if a single Annual Fee applies for a group of Additional Cards, that policy applies when the Additional Card on which the fee was assessed is cancelled.

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

• For this Card the table states no Annual Fee for Additional Cards, so the refund pointer applies only if a fee were to apply.

Not stated here

• The amount of any information shared with Additional Card Members is not limited in this paragraph.

Account & Service Control · Company practice

Notices go by 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. It considers a notice given when it mails the notice or delivers it 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 received.

Use & Processing · Permission or license

The Card Member authorizes contact by phone, text, email or app notice, including automated dialers

If American Express needs to contact the Card Member to service the account or collect amounts owed, the Card Member authorizes American Express (and its affiliates, agents and contractors such as debt collection agencies and service providers) to contact the Card Member at any phone number or email address provided, from which the Card Member contacts American Express, or at which American Express believes the Card Member can be reached. Contact may be by any permitted method, such as calling, texting, emailing or mobile application push notifications, using an automated dialer or prerecorded messages, and on a mobile, wireless or similar device even if the Card Member is charged for it.

Supporting quotations

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

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

Qualifications & exceptions

• The authorization covers servicing and collections contact.

Not stated here

• The agreement does not describe how a Card Member can limit the contact methods in this paragraph.

Data Access & Collection · Company practice

American Express may monitor and record calls between the Card Member and American Express

American Express may monitor and record any calls between the Card Member and American Express.

Supporting quotations

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

Not stated here

• How long recordings are kept or how they are used is not stated.

Account & Service Control · Procedure

The Card Member must tell American Express right away about a new address, email or phone, separately for each Account

The Card Member must notify American Express immediately if the mailing address, email address or telephone number changes, and must do so separately for each Account if there is more than one. American Express may update the 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.

Qualifications & exceptions

• American Express may update the billing address based on information it receives, without the Card Member's notice.

Not stated here

• The sources American Express may use to learn of a changed billing address are not named.

Legal Rights & Agreement Rules · Restriction or exception

If a disputed charge is credited, the Card Member assigns its claims against the merchant to American Express

If the Card Member disputes a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, the Card Member assigns and transfers to American Express all rights and claims (excluding tort claims) against the merchant, agrees not to pursue any claim against the merchant for the credited amount, and must cooperate if American Express decides to pursue it.

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 must cooperate with us if we decide to do so.

Qualifications & exceptions

• Tort claims are excluded from the assignment.

Not stated here

• This paragraph does not describe how a dispute is made or investigated.

Data Access & Collection · Permission or license

American Express may obtain credit reports and other information and use it for any purpose, including marketing

The Card Member agrees that American Express will obtain credit reports, investigate the ability to pay, and obtain information from other sources, including information to verify and re-verify employment and income. The Card Member agrees that American Express will use that information for any purposes (for example, marketing or evaluating the Card Member for a new account), subject to applicable law. The Card Member also agrees that American Express will give information about the Account to credit reporting agencies and will tell a credit reporting agency if the Card Member fails to comply with the Agreement, which may negatively affect the Card Member's 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

• The permission to use information "for any purposes" is limited only by "subject to applicable law".

Not stated here

• The other sources of information are not listed.

Account & Service Control · User right or choice

A Card Member who believes information given to a credit reporting agency is wrong can write to the Credit Bureau Unit

If the Card Member believes information American Express gave to a credit reporting agency is incorrect, the Card Member can write to American Express Credit Bureau Unit at the address given, and must tell it the specific information believed to be 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.

Not stated here

• The agreement does not state a response time or outcome of such a request.

Account & Service Control · Restriction or exception

The Account may be treated as in default for violations, false information, bankruptcy or inability to pay

American Express may consider the Account in default if the Card Member violates a provision of the Agreement, gives false information, files for bankruptcy, defaults under another agreement with American Express or an affiliate, or if American Express believes the Card Member is unable or unwilling to pay 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

• The last trigger rests on American Express's belief.
• Default under an agreement with an affiliate is a trigger even if the Card Member has met every duty here.

Not stated here

• The agreement does not provide notice or a chance to cure before default is declared.
• The text of any other agreement with American Express or an affiliate, whose default is a trigger, is not supplied here, so what counts as default under it cannot be stated.

Account & Service Control · Restriction or exception

On default, incapacity or death American Express may suspend, cancel or demand payment; collection costs are owed

If American Express considers the Account in default, or the Card Member becomes incapacitated or dies, it may, to the extent permitted by federal and applicable state law, suspend the ability to make charges, cancel or suspend any feature on the Account, require payment of more than the Minimum Payment Due immediately, and require payment of the Account balance immediately. The Card Member also agrees to pay all reasonable costs, including attorneys' fees, that American Express incurs to collect amounts owed.

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.

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

Qualifications & exceptions

• Every consequence is stated "to the extent permitted by federal and applicable state law".

Account & Service Control · User right or choice

American Express may close or suspend the Account at any time; the Card Member may close it, with a 30-day fee refund

American Express may, at any time and for any reason, cancel the Account, suspend the ability to make charges, or cancel or suspend any feature. The Card Member must still pay all charges under the Agreement. If American Express later agrees to reinstate the Account, it may reinstate additional Cards and charge applicable annual fees and a fee to reinstate. The Card Member may close the Account by calling or writing. If an Annual Fee applies, it is refunded if the Card Member notifies American Express of voluntary closure within 30 days after the Closing Date of the statement on which the fee appears; after that period it is non-refundable, and the refund policy does not apply if the billing address is in Massachusetts when the Account is closed. A $25 fee may be charged if a cancelled account is re-opened at the Card Member's request. For this Card Part 1 states the annual fee is None.

Supporting quotations

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

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

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 annual fee refund pointer applies only if an Annual Fee applies; this Card's Part 1 lists none.

Not stated here

• The amount of the "fee to reinstate" in the first reinstatement sentence is not stated there; the $25 figure appears in the next paragraph for re-opening at the Card Member's request.

Use & Processing · Permission or license

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

When the Card Member pays by check, American Express is authorized to use information from the check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from the Card Member's bank or other asset account. The payment may be withdrawn as soon as the same day American Express receives the check, and the check will not be returned by the bank or financial institution. In certain circumstances American Express may process the 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.

Qualifications & exceptions

• Authorization applies when the Card Member pays by check.

Not stated here

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

Charges & Financial Obligations · Company practice

AE Exposure Management Ltd. converts foreign currency charges to U.S. dollars at a rate it chooses within limits

If a charge is made 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 the Card Member is 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 rates in effect on the date of the charge. Charges converted by establishments such as airlines are billed at the rates those establishments use. Part 1 lists the Foreign Transaction fee as None.

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 rate is capped by an upper limit ("no more than the highest"), not fixed to a published rate.

Not stated here

• The actual rate applied to a given charge is not determinable from the agreement.

Data Access & Collection · Company practice

Charge information from federal agency purchases may be used for billing, collections, reporting, analysis and marketing

Some federal agencies may accept the Card under authority of statute. When charges are made 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

• This applies to charges made at federal agencies.

Not stated here

• The "certain charge information" is not itemized.
• Other routine uses by agencies are in the Federal Register, which is not supplied.

Sharing & Disclosure · Company practice

American Express and affiliates may tell the Card Member about insurance and other products, and may be compensated

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

Supporting quotations

About 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.

Qualifications & exceptions

• The paragraph states the insurance products are not offered or sold by American Express or on its behalf.

Not stated here

• The specific products and providers are not named.

Sharing & Disclosure · Permission or license

American Express may share information about the Card Member with affiliates to find products of interest

American Express may share information about the Card Member with its affiliates so they can identify products that may interest the Card Member, and says it may be compensated for this information.

Supporting quotations

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

Qualifications & exceptions

• The sharing is permitted ("may"), with possible compensation to American Express.

Not stated here

• The categories of information shared and any opt-out are not described in this paragraph.

Account & Service Control · Permission or license

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

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

Supporting quotations

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.

Qualifications & exceptions

• This is stated for any benefit, feature or service related to the Account, which would include the reward program also covered by its own change clause.

Not stated here

• No notice period is stated in this paragraph.

Legal Rights & Agreement Rules · Permission or license

American Express may assign the Agreement and Account without notice; the Card Member may not; delay is no waiver

American Express may sell, transfer or assign the Agreement and the Account at any time without notifying the Card Member. The Card Member may not sell, assign or transfer the Account or any obligation under the Agreement. American Express may delay enforcing or not exercise rights under the Agreement, and doing so does not waive its right to exercise or enforce them on any other occasion.

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.

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.

Not stated here

• The agreement does not say who might receive an assigned Account or whether terms would change on assignment.

Legal Rights & Agreement Rules · Context

Utah law and federal law govern the Agreement; Maryland residents have a Maryland Commercial Law election

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

Supporting quotations

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 election is conditioned on a Maryland billing address and on Maryland law applying at all.

Not stated here

• The text of Title 12, Subtitle 9 of the Maryland Commercial Law Article is not supplied.

Legal Rights & Agreement Rules · User right or choice

Oregon and Washington notices: paying more than the minimum, and no interest from unposted merchant credits

Notice to Oregon residents: service charges not in excess of those permitted by law will be charged on outstanding balances from month to month, and the Card Member may pay more than the Minimum Payment Due, up to the entire outstanding balance, at any time. Notice for residents of Washington State: under the Revised Code of Washington, Section 63.14.167, the Card Member is not responsible for 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 the Card Member has notified American Express of the merchant's delay in posting such credit, or from American Express's failure to post such credit to the Account within three working days of receiving it. The notices apply to residents of those states.

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.

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

• Each notice is stated for residents of the named state.
• The Washington notice cites Section 63.14.167 of the Revised Code of Washington; this is an external citation classified by its wording only.

Not stated here

• The statute's own text is not supplied, so its full conditions are not stated here.

Legal Rights & Agreement Rules · User right or choice

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

Most concerns can be resolved by calling Customer Service at the number on the back of the Card. If Customer Service cannot resolve a complaint, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. The Card Member may reject the arbitration provision by sending written notice within 45 days after the first Card purchase. The rejection section requires a written notice mailed to a stated address, within 45 days after the first Card purchase, stating that the Card Member rejects the Arbitration provision and including name, address, Account number and personal signature; no one else may sign it.

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

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.

Qualifications & exceptions

• The right to reject is time-limited and requires a signed written notice.

Not stated here

• The rejection section is analyzed in full in the last packet.

Cross-references

• refers to (model-proposed): A signed notice mailed within 45 days of the first Card purchase rejects arbitration for this and other open accounts — The overview points to the Your Right to Reject Arbitration paragraph for the rejection steps and effect.

Legal Rights & Agreement Rules · Context

"Claim" is defined broadly and "you and us" includes corporate parents, subsidiaries, affiliates and related entities

For the Claims Resolution section, "you and us" includes any corporate parents, subsidiaries, affiliates or related persons or entities. A Claim means any current or future claim, dispute or controversy relating to the Account(s), the Agreement, or any agreement or relationship the Card Member has or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. Claim includes, but is not limited to: initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing a product, service or benefit in connection with any account; and claims arising from or relating to accounts created under any of the agreements, advertisements and promotions, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and the application for any account. The Card Member 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

• "Claim includes but is not limited to" makes the list non-exhaustive.

Not stated here

• Which agreements count as "any of the agreements" is not defined in this section.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, each side sends a written claim notice stating the relief demanded

Before beginning a lawsuit, mediation or arbitration, the parties agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve it informally or through mediation. A sample claim notice is at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to the Card Member may be given by the billing statement or sent to the billing address. Notice to American Express must include the Card Member's 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 the notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

Sending a Claim Notice: 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.

Qualifications & exceptions

• The claim notice is a precondition for starting a lawsuit, mediation or arbitration.

Not stated here

• The sample claim notice at the web address is not supplied.
• What happens if a claim notice is not sent is not stated.

Legal Rights & Agreement Rules · Procedure

A claim can go to JAMS or AAA mediation within 30 days after a claim notice; American Express pays the mediator

In mediation, a neutral mediator helps the parties resolve a claim but does not decide it. Before mediation, a claim notice must be sent. Within 30 days after sending or receiving a claim notice, either side 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 terminates. 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

Mediation: In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS

We will pay the fees of the mediator.

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

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

Qualifications & exceptions

• The mediator's fees are paid by American Express; other costs are not addressed.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which replaces court, jury trial and class or representative claims

Either the Card Member or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If any party elects arbitration, 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 any class for any claim subject to arbitration. Arbitration procedures are generally simpler than court rules and discovery is more limited. The arbitrator's authority is limited to claims between the Card Member and American Express alone, claims may not be joined or consolidated unless both agree in writing, and an award applies only to the specific case. The arbitrator's decisions are as enforceable as a court order, are subject to very limited court review, and are final and binding except as set out later. Other rights available in court may also be unavailable. American Express states it will not elect arbitration for an individual claim filed and pending only in small claims court. The Military Lending Act statement says the arbitration provision does not apply to covered borrowers for this Account, although a covered borrower may elect arbitration and American Express will comply with its obligations.

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.

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.

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.

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

• The rights waived apply to claims subject to arbitration after a party elects it.
• The Military Lending Act sentence is in Part 2 and qualifies this section for covered borrowers.

Not stated here

• The limits and procedures of the arbitration provision, including its severability rule, are analyzed in the next packet.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not bound by the arbitration provision but may elect arbitration — For a covered borrower under the Military Lending Act the Arbitration provision does not apply to the Account, although the covered borrower may elect arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration goes to JAMS or AAA as chosen by the electing party, under its rules unless they conflict with the Agreement

Before beginning arbitration, a claim notice must be sent. Claims are referred to JAMS or AAA, as selected by the party electing arbitration, and resolved under the Arbitration provision and the 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, the Card Member may select the other within 30 days after receiving notice of the selection. Claims may also be referred to another 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). The Federal Arbitration Act is an external law cited by its wording and is not supplied here.

Supporting quotations

Initiating Arbitration: 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 Agreement controls where the organization's rules conflict with it.

Not stated here

• The rules of JAMS and AAA are not supplied.
• The Federal Arbitration Act text is not supplied.

Legal Rights & Agreement Rules · Restriction or exception

No arbitration election for individual small claims cases; otherwise arbitration can be elected until trial begins

American Express will not elect arbitration for any claim the Card Member files in small claims court, so long as the claim is individual and pending only in that court. Otherwise either side may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing or not exercise rights under the arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce them.

Supporting quotations

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

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

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

Qualifications & exceptions

• The small claims commitment is by American Express and applies to claims the Card Member files.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, with no class or representative claims; if that limit fails the provision falls away

If either side elects arbitration, the claim will be arbitrated on an individual basis. There is no right or authority for any claim to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. Notwithstanding any other provision and without waiving the right to appeal such a 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.

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

• The consequence for the whole provision follows from a finding that a Limitations portion is invalid or unenforceable.

Not stated here

• What court or authority would decide invalidity is not stated in this sentence.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA; the arbitrator applies substantive law but not court procedure or evidence rules

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply 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. Judgment on any award may be entered in any court having jurisdiction. If the claim is for $10,000 or less, the Card Member may choose whether the arbitration is conducted on documents only, through a telephonic hearing, or by an in-person hearing. At the Card Member's election, hearings take place in the federal judicial district of the Card Member's residence. 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.

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.

Qualifications & exceptions

• The FAA is an external law cited by its name and is not supplied here.

Not stated here

• The text of the FAA is not supplied.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is confidential; neither side discloses its content or outcome, except to notify a government authority

The Card Member and American Express agree that the arbitration will be confidential and that neither will disclose the content of the arbitration proceeding or its outcome to anyone, but either 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 confidentiality duty is stated as applying to both sides.

Not stated here

• The text does not say whether the Card Member may discuss the claim with advisers or family.

Legal Rights & Agreement Rules · User right or choice

An award is final and binding but can be appealed within 35 days to a three-arbitrator panel

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in this section and to challenge or appeal an award 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 based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the arbitration organization's appellate rules. The earlier arbitration paragraph likewise says the arbitrator's decision is final and binding except as set out later.

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.

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

Not stated here

• The appellate rules of the arbitration organization are not supplied.

Legal Rights & Agreement Rules · User right or choice

The Card Member pays arbitration fees only up to a court filing fee; a win above the final offer carries at least $5,000

The Card Member is responsible for paying a share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees that would have been incurred in court, and American Express is responsible for any additional arbitration fees. At the Card Member's written request, American Express will consider in good faith making a temporary advance of the Card Member's share of arbitration fees, or paying the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in the Card Member's favor for an amount greater than any final offer American Express made before the final hearing, the award will include any money to which the Card Member is entitled, in no case less than $5,000, and any reasonable attorneys' fees, costs, and expert and other witness fees.

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.

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

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

Qualifications & exceptions

• The $5,000 minimum is tied to an award above American Express's final pre-hearing offer.
• The good-faith advance is something American Express will "consider", not a promise to pay.

Not stated here

• The agreement does not say how a "final offer" is made or recorded.

Legal Rights & Agreement Rules · User right or choice

A signed notice mailed within 45 days of the first Card purchase rejects arbitration for this and other open accounts

The Card Member may reject the Arbitration provision by sending a written rejection notice to American Express at P.O. Box 981556, El Paso, TX 79998; a sample is at americanexpress.com/reject. The notice must be mailed within 45 days after the first Card purchase, state that the Card Member rejects the Arbitration provision and include 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 do not apply, except for Corporate Card accounts and claims subject to pending litigation or arbitration when the notice is sent. Rejecting does not affect other rights or responsibilities under the Claims Resolution section or the Agreement, or the ability to use the Card or any other benefit, product or service on the 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 notice must be personally signed by the Card Member and no one else may sign it.

Not stated here

• The sample rejection notice at the web address is not supplied.

Cross-references

• referred to by (model-proposed): Disputes start with Customer Service; arbitration can be rejected within 45 days of the first Card purchase — The overview points to the Your Right to Reject Arbitration paragraph for the rejection steps and effect.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives termination, payoff, bankruptcy and sale; invalid parts are severed

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

Qualifications & exceptions

• The general severability sentence does not apply to the Limitations on Arbitration subsection, which has its own rule.