The Platinum Card® from American Express for Goldman Sachs Agreement

Legal Rights & Agreement Rules · Context

Part 1 is stated as of 06/30/2026 and names American Express National Bank as issuer

This Part 1 of the Card Member Agreement for the Goldman Sachs Platinum Card® is dated "As of: 06/30/2026", and it names American Express National Bank as the issuer.

Supporting quotations

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

Qualifications & exceptions

• The date is the document's own "As of" date; the document does not say whether it replaces an earlier version or whether a later version exists.

Legal Rights & Agreement Rules · Context

The table points to the CFPB website for credit card tips

The table refers readers who want to learn about factors to consider when applying for or using a credit card to the Consumer Financial Protection Bureau website, giving the address http://www.consumerfinance.gov/learnmore.

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.

Qualifications & exceptions

• This is a pointer to outside information, not a term of the Account.

Legal Rights & Agreement Rules · User right or choice

Parts 1, 2 and 3 plus supplements and amendments make up the Card Member Agreement; a copy can be requested

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

Legal Rights & Agreement Rules · Company practice

Using the Account, or signing or keeping the Card, accepts the Agreement; an unused Card can be cancelled without fees

Part 2 together with Part 1 and Part 3, and any supplements or amendments, make up the Card Member Agreement for the Account. You agree to its terms when you use the Account (or you sign or keep the Card). The agreement also says that if you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Supporting quotations

This document together with Part 1 and Part 3 make up the Card Member Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement.

When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.

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

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

Qualifications & exceptions

• The sentence on cancelling without fees is worded as "not yet used the Account or made a payment on the Account after receiving a billing statement" and does not further define when this window ends.

Not stated here

• The agreement does not say whether the cancellation sentence requires both conditions (no use and no payment) or either one; the wording is quoted as given.

Legal Rights & Agreement Rules · Permission or license

The issuer may change the Agreement subject to applicable law, and oral agreements cannot 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 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.

Qualifications & exceptions

• The change power is limited by "applicable law", which the document does not specify.

Not stated here

• This passage does not describe any notice period or any right to reject a change.

Legal Rights & Agreement Rules · Context

"You" is the applicant (Primary Card Member), "we" is the issuer, and a Card is any device accessing the Account

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 it was opened, called the Basic or Primary Card Member. You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members, and the issuer may issue Additional Cards at your request. Card means any American Express Card or other device the issuer issues to access your Account.

Supporting quotations

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

We may issue Additional Cards on your Account at your request.

Legal Rights & Agreement Rules · Context

Charge, purchase, person-to-person transaction, plan and Closing Date have defined meanings

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

Supporting quotations

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

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

A plan is a portion of your Account balance that you have selected to pay through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• Because a purchase includes person-to-person transactions, person-to-person charges are also purchases under this definition.

Legal Rights & Agreement Rules · User right or choice

Federal law generally caps consumer credit cost for Armed Forces members and dependents at 36 percent

The agreement states that federal law protects members of the Armed Forces and their dependents. In general, the cost of consumer credit to them may not exceed an annual percentage rate of 36 percent. The 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 statement is a general summary introduced by "In general".

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are not subject to the Arbitration provision

The agreement gives a phone number (855-531-0379) to hear the Military Lending Act statement and a description of the payment obligation. It states that if you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section will not apply to you in connection with this Account. It adds that 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.

Qualifications & exceptions

• This is a carve-out from the Claims Resolution section for covered borrowers and should be read together with the arbitration cards.

Not stated here

• The passage does not define "covered borrower" or say whether the issuer can elect arbitration against a covered borrower; the second sentence speaks only of "you" electing arbitration.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions — The Military Lending Act passage says the Arbitration provision does not apply to a covered borrower, which limits the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

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

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 it all rights and claims (excluding tort claims) against the merchant. You agree not to pursue any claim against the merchant for the credited amount and to cooperate with the issuer if it decides to pursue the claim.

Supporting quotations

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

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

Qualifications & exceptions

• The assignment applies only to the credited amount and excludes tort claims.

Legal Rights & Agreement Rules · Permission or license

The issuer may sell or assign the Agreement and 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

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

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive the issuer's rights on any other occasion

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

Supporting quotations

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

Legal Rights & Agreement Rules · Restriction or exception

Utah and federal law govern the Agreement, with a Maryland statute election for Maryland billing addresses

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. For Maryland residents (an Account with a Maryland billing address), the issuer elects to offer the Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article, to the extent, if any, that Maryland law applies to the Account.

Supporting quotations

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

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

Qualifications & exceptions

• The Maryland statement applies only if the Account has a Maryland billing address and only "to the extent, if any" Maryland law applies.

Not stated here

• The Maryland statute (Title 12, Subtitle 9 of the Maryland Commercial Law Article) is cited but its text is not supplied here, so what it requires is not stated.

Legal Rights & Agreement Rules · Procedure

Unresolved complaints go to mediation, arbitration or litigation; arbitration can be rejected in 45 days

Most concerns can be resolved by calling Customer Service. If Customer Service cannot resolve a complaint to your satisfaction, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision, which you may reject by sending written notice within 45 days after your first Card purchase (see Your Right to Reject Arbitration).

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.

Legal Rights & Agreement Rules · Context

In Claims Resolution, "you" and "us" include parents, subsidiaries, affiliates and related persons

For the Claims Resolution section, "you and us" includes any corporate parents, subsidiaries, affiliates or related persons or entities.

Supporting quotations

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

Qualifications & exceptions

• The definition widens who is a party to claims beyond the cardmember and the issuer.

Legal Rights & Agreement Rules · Context

"Claim" covers nearly any dispute with the issuer, but not the Arbitration provision's own validity

A Claim is 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 that arise from or relate to any account created under any of the agreements and its balances, advertisements, promotions or statements about accounts, goods or services financed and terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

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

• "Includes but is not limited to" means the list is not exhaustive.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice must state 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 allow the claim to be resolved informally or through mediation. A sample is at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to you may be given by your billing statement or sent to your billing address. Notice to 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 the claim 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.

Legal Rights & Agreement Rules · Procedure

Either side may submit a claim to JAMS or AAA mediation within 30 days of the claim notice

In mediation, a neutral mediator helps parties resolve a claim without deciding it. A claim notice must be sent first. Within 30 days after sending or receiving a claim notice, either you or the issuer may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation, and the issuer pays the mediator's fees. All mediation-related communications are confidential, inadmissible in court and not subject to discovery.

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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 (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

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

Legal Rights & Agreement Rules · User right or choice

Limitation periods are tolled during mediation, which either side can end and which leaves arbitration open

All applicable statutes of limitation are tolled from the date you or the issuer send the claim notice until the mediation ends. Either you or the issuer may terminate the mediation at any time. Submitting or failing to submit a claim to mediation does not affect your or the issuer's right to elect arbitration.

Supporting quotations

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

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions

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 you nor the issuer 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 on a claim subject to arbitration. The exceptions include: the issuer will not elect arbitration for an individual claim you file and keep pending only in small claims court; you can reject the Arbitration provision in writing within 45 days after your first Card purchase; and the Arbitration provision does not apply to a covered borrower under the Military Lending Act. Procedures are generally simpler and discovery more limited than in court, and other rights available in court may not be available in arbitration.

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.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited.

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.

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.

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 small-claims exception applies only to a claim that is individual and pending only in that court.
• The Military Lending Act statement says the Arbitration provision "will not apply" to a covered borrower; the same passage says the issuer will comply with its obligations under this section if the borrower elects arbitration.

Not stated here

• The Military Lending Act passage does not define "covered borrower" or say whether the issuer may elect arbitration against one.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not subject to the Arbitration provision — The Military Lending Act passage says the Arbitration provision does not apply to a covered borrower, which limits the general right to elect arbitration.
• has exception (model-proposed): Arbitration can be elected at any time unless trial has begun, and small-claims individual cases are left in court — The issuer says it will not elect arbitration for an individual claim pending only in small claims court, which limits the general right to elect arbitration.
• has exception (model-proposed): To reject arbitration, mail a signed notice with your details within 45 days of your first Card purchase — A cardmember who sends a compliant rejection notice within 45 days is not subject to the Arbitration provision, which limits the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator decides only claims between you and the issuer, awards bind only that case, review is limited

The arbitrator's authority is limited to claims between you and the issuer alone, and claims may not be joined or consolidated unless you and the issuer agree in writing. An arbitration award and any judgment confirming it 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 out in the appeal provisions below, the arbitrator's decision is final and binding.

Supporting quotations

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.

Legal Rights & Agreement Rules · Procedure

Arbitration starts after a claim notice, before JAMS or AAA chosen by the electing party

Before beginning arbitration, you or the issuer must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and 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 selection. Claims may also be referred to another arbitration organization if you and the issuer 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

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 text of the Federal Arbitration Act is not supplied; its section 5 is only cited.

Not stated here

• The JAMS and AAA rules, and the Federal Arbitration Act provision cited, are not supplied here, so what they require is not stated.
• The passage does not say what happens if you do not select within the 30 days.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration can be elected at any time unless trial has begun, and small-claims individual cases are left in court

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. Otherwise, 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

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.

The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

Qualifications & exceptions

• The commitment not to elect arbitration covers only claims you file in small claims court that are individual and pending only there.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions — The issuer says it will not elect arbitration for an individual claim pending only in small claims court, which limits the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Arbitrated claims proceed individually, not as class claims; if that limit is invalid, arbitration falls away

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

Supporting quotations

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

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

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.

Qualifications & exceptions

• The all-or-nothing clause applies only if a portion of the Limitations on Arbitration is held invalid or unenforceable.

Legal Rights & Agreement Rules · Restriction or exception

The FAA governs, procedure and evidence rules are not applied, and the arbitration is confidential

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges but not federal or state rules of civil procedure or evidence on evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and the issuer agree the arbitration will be confidential, and agree not to disclose the content of the proceeding or its outcome to anyone, but either may notify any government authority of the claim as permitted or required by law. At any party's request the arbitrator will provide a brief written explanation of the award.

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.

At any party's request, the arbitrator will provide a brief written explanation of the award.

Not stated here

• The Federal Arbitration Act itself is cited but not supplied here.

Legal Rights & Agreement Rules · User right or choice

For claims of $10,000 or less you choose the hearing format; hearings can be 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 your election, arbitration hearings take place in the federal judicial district of your residence.

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 your election, arbitration hearings will take place in the federal judicial district of your residence.

Legal Rights & Agreement Rules · Procedure

Either party may appeal an arbitration award 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/or 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 proceeds under the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Supporting quotations

The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA.

To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules.

Judgment upon any award may be entered in any court having jurisdiction.

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.

Not stated here

• The arbitration organization's appellate rules are not supplied here.

Legal Rights & Agreement Rules · Company commitment

You pay arbitration fees up to the court filing fee amount; the issuer pays the rest

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 the 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.

Supporting quotations

Arbitration Fees and Costs: You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Qualifications & exceptions

• The issuer's commitment on advances is to "consider in good faith", not to grant.

Legal Rights & Agreement Rules · User right or choice

If the award beats the issuer's final offer, it is at least $5,000 plus attorneys' fees and costs

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

Supporting quotations

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

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

Qualifications & exceptions

• This applies only if the award is greater than any final offer the issuer made before the final hearing.

Legal Rights & Agreement Rules · User right or choice

To reject arbitration, mail a signed notice with your details within 45 days of your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). 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 it complies, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for your other currently open American Express Accounts will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejecting does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or any other benefit, product or service.

Supporting quotations

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 45-day window runs from your first Card purchase, as the text states; it does not say the window can be extended.
• Rejection also removes arbitration provisions in agreements for other currently open American Express Accounts, with the listed exceptions.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, which ends court, jury and class rights, with exceptions — A cardmember who sends a compliant rejection notice within 45 days is not subject to the Arbitration provision, which limits the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives termination, payoff, collection, bankruptcy and sale; invalid parts do not void the rest

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

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