Optima® Credit Card Agreement

Legal Rights & Agreement Rules · Context

This is Part 1 of a three-part Card Member Agreement, dated 06/30/2026, issued by American Express National Bank

The first part of this Optima Card Member Agreement is headed 'Part 1 of 3' and is labelled 'As of: 06/30/2026', with American Express National Bank named as the issuer. Part 2 of the agreement defines 'we', 'us' and 'our' as the issuer shown on page 1 of Part 1.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Qualifications & exceptions

• The 06/30/2026 date is an 'As of' label on Part 1; this agreement text does not say whether it is an effective date.

Legal Rights & Agreement Rules · Context

The table refers readers to the CFPB's credit card tips

The Rates and Fees Table points readers to the website of the Consumer Financial Protection Bureau to learn more about factors to consider when applying for or using a credit card. It gives the address http://www.consumerfinance.gov/learnmore. The CFPB's content is not part of this agreement text.

Details not recorded for this card

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

• What the linked CFPB page says is not supplied in this agreement.

Legal Rights & Agreement Rules · User right or choice

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

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

Supporting quotations

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

Not stated here

• Supplements or amendments that are not part of these three parts are not supplied in this document.

Legal Rights & Agreement Rules · User right or choice

Using the Account, or signing or keeping the Card, means you agree; you can cancel without fees if you have not used it

This document, together with Part 1 and Part 3, makes up the Card Member Agreement for the Account, and any supplements or amendments are also part of it. When you use the Account (or you sign or keep the Card), you agree to the terms. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

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.

Qualifications & exceptions

• The right to cancel without fees is conditioned on not having used the Account and not having made a payment after receiving a billing statement.

Not stated here

• The text does not state a deadline for cancelling under this provision or how to cancel; Part 3 says the Account may be closed by calling or writing.

Legal Rights & Agreement Rules · Permission or license

The issuer may change the Agreement, subject to applicable law, and oral side agreements do not modify it

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

Supporting quotations

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

Not stated here

• The agreement does not describe a notice period or procedure for changes; 'subject to applicable law' leaves those requirements to law outside this text.

Legal Rights & Agreement Rules · Context

Key terms: 'you' is the applicant, a 'purchase' includes person-to-person transactions, a 'plan' is a Plan It plan

The Agreement defines 'we', 'us' and 'our' as the issuer shown on page 1 of Part 1, and 'you' and 'your' as the person who applied for the Account and for whom it was opened, called the Basic or Primary Card Member. 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 plan is a portion of the balance you have selected to pay over time in a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that the issuer receives it and credits it to the Account by that date. The Closing Date is the last day of the billing period covered by a billing 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.

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 plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• Because a purchase is defined to include person-to-person transactions, purchase terms in the agreement (for example the purchase APR and interest-free treatment) are written in terms of that defined word; the definitions of cash advance, balance transfer and person-to-person transaction appear in the same paragraph.

Legal Rights & Agreement Rules · User right or choice

Armed Forces members and dependents are protected by a 36% annual percentage rate limit on the cost of credit

The agreement states that federal law gives members of the Armed Forces and their dependents protections on 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 to the credit transaction or Account, credit insurance premiums, fees for ancillary products sold in connection with the credit transaction, any application fee (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).

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

• Stated 'In general'; the exceptions are described only as 'certain' fees and are not detailed here.

Not stated here

• Which application and participation fees are excluded is not specified in this agreement.

Legal Rights & Agreement Rules · User right or choice

Covered borrowers are not subject to the arbitration provision, though arbitration they elect will be honored

The agreement offers a phone number, 855-531-0379, to listen to the Military Lending Act statement and a description of your payment obligation for this Account. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. If you elect arbitration, the issuer 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.

Not stated here

• The text does not define who counts as a 'covered borrower'; it refers to the Military Lending Act.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court and jury trial and class or representative actions — Covered borrowers under the Military Lending Act are not subject to the Arbitration provision, which otherwise lets either side elect individual arbitration; the issuer will still comply with its obligations if the borrower elects arbitration.

Legal Rights & Agreement Rules · Restriction or exception

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

If you dispute a charge with a merchant, the issuer may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to the issuer 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 the issuer if it decides to pursue the merchant.

Supporting quotations

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

Qualifications & exceptions

• Crediting a disputed charge is at the issuer's choice ('may'); tort claims are excluded from the assignment.

Legal Rights & Agreement Rules · User right or choice

To challenge information given to a credit reporting agency, write to the American Express Credit Bureau Unit in El Paso

If you believe information the issuer has given to a credit reporting agency is incorrect, you can write to American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, and tell it the specific information you believe is incorrect.

Supporting quotations

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 describe how the issuer handles such a letter or how long it takes.

Legal Rights & Agreement Rules · Restriction or exception

The issuer may sell or assign the Agreement and your Account at any time without notice; you may not

The issuer may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement.

Supporting quotations

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

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive it on any other occasion

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

Supporting quotations

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

Legal Rights & Agreement Rules · Context

Utah and federal law govern, and Maryland residents' Accounts are offered under a Maryland commercial law subtitle

Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. The issuer says it entered into the Agreement with you in Utah, where it is located and holds your Account. If your Account has a Maryland billing address, the issuer 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 to your Account.

Supporting quotations

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

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

Qualifications & exceptions

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

Not stated here

• The text of the Maryland statute is not supplied, so this card cannot say what it provides.

Legal Rights & Agreement Rules · Procedure

Claims start with Customer Service, then mediation, arbitration or litigation; you may reject arbitration

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 to your satisfaction, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase; the rejection rules appear later in the section.

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.

Your rejection notice must be mailed within 45 days after your first Card purchase.

Qualifications & exceptions

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

Not stated here

• The sample documents the section points to (such as the sample claim and rejection notices on americanexpress.com) are not supplied here.

Legal Rights & Agreement Rules · Context

'Claim' is defined very broadly and 'you and us' includes affiliates, corporate parents and related persons

For the Claims Resolution section, 'you' and 'us' include any corporate parents, subsidiaries, affiliates or related persons or entities. A 'Claim' means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with the issuer, except for the validity, enforceability or scope of the Arbitration provision. It 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 any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements, advertisements and promotions related to accounts or financed goods or services, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

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

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

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

(4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account.

You may not sell, assign or transfer a claim.

Qualifications & exceptions

• The definition of Claim continues across two blocks in the stored text: items (1) to (3) are in the first and item (4) is in the second. It is introduced as 'includes but is not limited to'.
• The validity, enforceability or scope of the Arbitration provision is excluded from 'Claim'.

Legal Rights & Agreement Rules · Procedure

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

Before beginning a lawsuit, mediation or arbitration, you and the issuer agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve the claim informally or through mediation. The notice must describe the claim and state the specific relief demanded. Notice to you may be given by your billing statement or sent to your billing address. Notice to the issuer must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim goes to arbitration, the amount of any relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

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

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

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

Qualifications & exceptions

• The notice requirement applies to lawsuits as well as mediation and arbitration.

Not stated here

• The sample claim notice at americanexpress.com/claim is referred to but not supplied here.

Legal Rights & Agreement Rules · Procedure

Mediation is optional, starts within 30 days of a claim notice through JAMS or AAA, and the issuer pays the mediator

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

Supporting quotations

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. 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 30-day period runs from sending or receiving the claim notice.

Not stated here

• The mediation rules of JAMS and AAA are not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which removes court and jury trial and class or representative actions

You or the issuer may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or to 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 a claim subject to arbitration. The agreement describes arbitration procedures as generally simpler than court and discovery as more limited; the arbitrator's authority is limited to claims between you and the issuer alone, and claims may not be joined or consolidated unless both agree in writing. An award applies only to the specific case, decisions are as enforceable as any court order, and review by a court is very limited, so the arbitrator's decision is final and binding except as the later appeal provisions allow. Other rights available in court may also not be available in arbitration. The issuer 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.

Supporting quotations

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

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

The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing.

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.

Qualifications & exceptions

• The waiver of court, jury and class rights applies once any party elects arbitration for a claim; the section also describes a way to reject arbitration (see the overview card) and an exception for covered borrowers under the Military Lending Act (see that card).
• The small-claims carve-out applies only while the claim is individual and pending only in that court.

Cross-references

• has exception (model-proposed): Covered borrowers are not subject to the arbitration provision, though arbitration they elect will be honored — Covered borrowers under the Military Lending Act are not subject to the Arbitration provision, which otherwise lets either side elect individual arbitration; the issuer will still comply with its obligations if the borrower elects arbitration.
• has exception (model-proposed): You can reject arbitration by mailing a signed notice within 45 days after your first Card purchase — A timely, compliant rejection notice removes the Arbitration provision for the person who sends it, which otherwise lets either side elect individual arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration is started after a claim notice and referred to JAMS or AAA as chosen by the party electing it

Before beginning arbitration, a claim notice must first be sent. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration. Claims are 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 the issuer chooses the organization, you may select the other within 30 days after receiving notice of the issuer's selection. Claims may also be referred to another arbitration organization if both agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Supporting quotations

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

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

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

Qualifications & exceptions

• The selected organization's rules apply except where they conflict with the Agreement.

Not stated here

• The rules of JAMS and AAA, and the Federal Arbitration Act, are cited but their text is not supplied here.

Legal Rights & Agreement Rules · Procedure

Arbitration can be elected at any time until trial begins or a final judgment is entered, and delay waives nothing

Apart from the small-claims carve-out, you or the issuer may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing or not exercise rights under the Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Supporting quotations

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.

Legal Rights & Agreement Rules · Restriction or exception

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

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

Supporting quotations

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

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

Qualifications & exceptions

• Source ambiguity: the phrase 'without waiving the right to appeal such decision' is not tied to an identified decision; it is quoted as written and not interpreted further.

Legal Rights & Agreement Rules · Procedure

The FAA governs; the arbitrator applies substantive law, not court procedure or evidence rules; it is confidential

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

Supporting quotations

This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery.

Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law.

Qualifications & exceptions

• The confidentiality sentence about non-disclosure is written as the issuer's promise ('we will not disclose'); the preceding sentence says the arbitration will be confidential for both sides.

Not stated here

• The text of the Federal Arbitration Act is not supplied here.

Legal Rights & Agreement Rules · Procedure

For claims of $10,000 or less you choose documents, phone or in-person; hearings are in your federal district

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator provides a brief written explanation of the award. At your election, arbitration hearings take place in the federal judicial district of your residence. Judgment on any award may be entered in any court having jurisdiction.

Supporting quotations

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 choice of hearing format is for claims of $10,000 or less; the venue sentence is stated 'at your election'.

Legal Rights & Agreement Rules · User right or choice

An arbitration award is final unless a party appeals 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 the 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.

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.

Not stated here

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

Legal Rights & Agreement Rules · Company commitment

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

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

Supporting quotations

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.

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 temporary advance is something the issuer will 'consider in good faith', not a commitment to pay.

Legal Rights & Agreement Rules · User right or choice

You can reject arbitration by mailing a signed notice within 45 days after your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998. The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature; no one else may sign it. If the notice complies, the 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 the notice. Rejecting does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, and does not affect your ability to use your Card or any other benefit, product or service with your Account.

Supporting quotations

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

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

• Rejection also removes arbitration provisions in your other currently open American Express accounts' agreements, except Corporate Card accounts and claims already in pending litigation or arbitration.

Not stated here

• The sample rejection notice at americanexpress.com/reject is referred to but not supplied here.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which removes court and jury trial and class or representative actions — A timely, compliant rejection notice removes the Arbitration provision for the person who sends it, which otherwise lets either side elect individual arbitration.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives closure and sale of the Account, and an invalid part does not void the rest

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

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.

We may sell, transfer or assign this Agreement and your Account.