Hilton Honors American Express Surpass® Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 of the Hilton Honors Surpass Card Member Agreement, as of 06/30/2026, issued by American Express National Bank

This is Part 1 of a three-part Card Member Agreement for the Hilton Honors American Express Surpass Card. The document states it is as of 06/30/2026 and names American Express National Bank as the issuer. Part 1 holds the Rates and Fees Table and the How Rates and Fees Work section; a Supplement on the rewards program follows it.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Hilton Honors American Express Surpass® Card

Qualifications & exceptions

• The "As of" date is the date printed on this copy; the document does not say here whether it is the date terms take effect for any particular Card Member.

Not stated here

• Individual account details such as the Credit Limit and Cash Advance Limit are said to be shown on page 1 of Part 1 and on billing statements; this published copy states none of those amounts.

Legal Rights & Agreement Rules · Context

The table points to Consumer Financial Protection Bureau credit card tips

The Rates and Fees Table includes a line directing 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. The tips themselves are on that website and are not part of this document.

Supporting quotations

For Credit Card Tips from the Consumer Financial Protection Bureau | 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

• The linked CFPB content is outside this document and was not supplied.

Not stated here

• What the linked page says is not part of the supplied text.

Legal Rights & Agreement Rules · Context

The Card Member Agreement is Parts 1, 2 and 3 plus any supplements or amendments; you can request a copy

Part 1, Part 2, Part 3 and any supplements or amendments make up the Card Member Agreement. You can request a copy of the Card Member Agreement through your online account or by calling the number on the back of the Card. The rewards program terms appear in a Supplement to the Card Member Agreement that follows this statement.

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.

Supplement to the Card Member Agreement

Qualifications & exceptions

• The statement lists the parts of the agreement; later Part 2 text says use of the Account is how you agree to the Agreement.

Legal Rights & Agreement Rules · Restriction or exception

American Express is not responsible for Points once credited to Hilton, or for Hilton's actions

American Express is not responsible for Points after they are credited to your Hilton Honors program account, and is not responsible for the actions of Hilton on your Hilton Honors program account. Hilton Honors membership and redemption of Points are subject to the Hilton Honors Terms and Conditions at HiltonHonors.com/terms.

Supporting quotations

We are not responsible for Points after they are credited to your Hilton Honors program account. We are also not responsible for the actions of Hilton on your Hilton Honors program account. Hilton Honors membership and redemption of Points are subject to Hilton Honors Terms and Conditions. Visit HiltonHonors.com/terms for more information.

Qualifications & exceptions

• The disclaimer applies from the point the Points are credited to the Hilton Honors account.

Not stated here

• The Hilton Honors Terms and Conditions are linked but were not supplied.

Legal Rights & Agreement Rules · Context

Using the Account, or signing or keeping the Card, means you agree; you can cancel without fees before using it

Part 2 together with Part 1 and Part 3 makes up the Card Member Agreement for the Account identified on page 1 of Part 1, and 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.

Supporting quotations

Card Member Agreement: Part 2 of 3

Your Card Member Agreement: 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 no-fee cancellation right is conditioned on not having used the Account or made a payment after receiving a billing statement.

Not stated here

• The passage does not say whether the cancellation right has a time limit.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement subject to applicable law; the written Agreement is the final expression

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

Supporting quotations

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

Qualifications & exceptions

• The right to change the Agreement is subject to applicable law.

Not stated here

• This passage does not state how or when you are told of a change, or whether you can reject one; Part 3 separately describes how notices are sent.

Legal Rights & Agreement Rules · Context

Definitions of we, you, Basic or Primary Card Member, Card, to pay by a date, and the Closing Date

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 the Account was opened; this person is referred to as the Basic or Primary Card Member, and may request a Card for an Additional Card Member. 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 it and credits it to the Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by that statement.

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 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 date" is measured by when American Express receives and credits the payment, not when you send it.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: the cost of credit to covered members of the Armed Forces and dependents may not exceed 36 percent

The agreement states that federal law protects members of the Armed Forces and their dependents in 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. That rate must include, as applicable to the credit transaction or Account, the costs of 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). To listen to this statement and a description of the payment obligation, call 855-531-0379.

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).

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.

Qualifications & exceptions

• The 36 percent limit is described "in general" and applies to members of the Armed Forces and their dependents who are covered borrowers.
• Certain application and participation fees are excluded from the rate as the text describes.

Not stated here

• The passage does not say which specific application or participation fees are excluded.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration provision does not apply to Military Lending Act covered borrowers, though they may elect it

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of the Agreement will not apply to you in connection with this Account. However, if you elect arbitration, American Express will comply with its obligations under the Claims Resolution section of the Agreement.

Supporting quotations

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 exception applies only to covered borrowers under the Military Lending Act and only to the Arbitration provision, not to the rest of the Claims Resolution section.

Not stated here

• The passage does not define who is a covered borrower beyond referring to the Military Lending Act.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, replacing court, jury trial and class or representative participation — For covered borrowers under the Military Lending Act, Part 2 says the Arbitration provision does not apply, which limits the otherwise general right of either party to elect arbitration.

Legal Rights & Agreement Rules · Permission or license

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

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

Supporting quotations

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

Qualifications & exceptions

• The right belongs to American Express only; you are barred from transferring your Account or obligations.

Legal Rights & Agreement Rules · Restriction or exception

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

American Express 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 the Agreement; Maryland billing addresses are offered under a Maryland statute if it applies

Utah law and federal law govern the Agreement and your Account without regard to internal principles of conflicts of law. The Agreement was entered into with you in Utah, where American Express is located and holds your Account. For Maryland residents: if the Account has a Maryland billing address, American Express 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 election applies only to Accounts with a Maryland billing address and only to the extent Maryland law applies.

Not stated here

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

Legal Rights & Agreement Rules · Context

Claims go to customer service, then mediation, arbitration or litigation; the arbitration provision can be rejected

The Claims Resolution section says most customer concerns can be resolved by calling Customer Service at the number on the back of the Card. If Customer Service is unable to resolve a complaint to your satisfaction, the 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 written notice within 45 days after your first Card purchase.

Supporting quotations

Claims Resolution

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

Qualifications & exceptions

• The opt-out right for the arbitration provision is time-limited to 45 days after your first Card purchase; the procedure is in the Right to Reject Arbitration passage.

Legal Rights & Agreement Rules · Restriction or exception

"Claim" covers almost any dispute about the Account or relationship, and "you" and "us" include affiliates

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. "Claim" means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against 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 or any balances on such an account, advertisements, promotions or statements related to accounts, goods or services financed or terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision.

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

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

Qualifications & exceptions

• The definition covers claims relating to rewards programs and benefits, as the text states.
• The validity, enforceability or scope of the Arbitration provision is excluded from the definition of Claim.

Not stated here

• The passage does not say who decides questions about the validity, enforceability or scope of the Arbitration provision, since those are outside the definition of Claim.

Legal Rights & Agreement Rules · Procedure

A written claim notice stating the relief demanded must be sent before a lawsuit, mediation or arbitration

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to give an opportunity to resolve the claim informally or through mediation. A sample claim notice is at americanexpress.com/claim. 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 American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim 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.

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 notice requirement applies to both sides and comes before a lawsuit, mediation or arbitration.

Not stated here

• The passage does not say how long the parties must wait after sending a claim notice before starting a lawsuit or arbitration, beyond the 30-day mediation window described in the next card.

Legal Rights & Agreement Rules · Procedure

Mediation can be requested within 30 days of a claim notice through JAMS or the AAA, at American Express's cost

In mediation, a neutral mediator helps the parties resolve a claim but does not decide it. Before beginning mediation, you or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either party may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. American Express 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 are tolled from the date a claim notice is sent until termination of the mediation. Either party may terminate the mediation at any time. Submitting or not submitting a claim to mediation will not affect either party's 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 (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

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

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

Qualifications & exceptions

• The 30-day window runs from sending or receiving a claim notice.
• Only the mediator's fees are stated as paid by American Express; the passage does not address other mediation costs.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, replacing court, jury trial and class or representative participation

You or American Express may elect to resolve any claim by individual arbitration, and claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor American Express will have the right to litigate that claim in court or have a jury trial on that claim. You and American Express will also 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 text says arbitration procedures are generally simpler than court rules and discovery is more limited. The arbitrator's authority is limited to claims between you and American Express alone, and claims may not be joined or consolidated unless both agree in writing. An 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 forth below, the arbitrator's decision will be final and binding, and other rights you or American Express would have in court may also 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. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

Qualifications & exceptions

• Either party can elect arbitration, so the choice can be made by American Express as well as by you.
• The Military Lending Act paragraph in Part 2 says the Arbitration provision does not apply to covered borrowers, and the opt-out and small-claims passages that follow can also limit it.

Not stated here

• Which "other rights" are unavailable in arbitration is not specified.

Cross-references

• has exception (model-proposed): The arbitration provision does not apply to Military Lending Act covered borrowers, though they may elect it — For covered borrowers under the Military Lending Act, Part 2 says the Arbitration provision does not apply, which limits the otherwise general right of either party to elect arbitration.
• has exception (model-proposed): American Express will not elect arbitration of your small claims case; otherwise either side can elect until trial — American Express commits not to elect arbitration for an individual claim you file that is pending only in small claims court, which carves an exception out of the general right to elect arbitration.
• qualified by (model-proposed): You can reject arbitration by mailing a signed notice within 45 days of your first Card purchase — A compliant rejection notice sent within 45 days of the first Card purchase means the Arbitration provision does not apply to you, qualifying the general right to elect arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration goes to JAMS or the AAA as chosen by the party electing it, after a claim notice

Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to either JAMS or the 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 American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims also may be referred to another arbitration organization if you and American Express 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).

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 organization's rules apply except where they conflict with the Agreement, in which case the Agreement controls.
• The 30-day period to select the other organization starts when you receive notice of American Express's selection.

Not stated here

• The passage says you may "select the other" within 30 days; it does not say what happens if you do not, or whether selecting the other changes which organization hears the claim.
• The text of the cited Federal Arbitration Act provision is not supplied and is not described here.

Legal Rights & Agreement Rules · Restriction or exception

American Express will not elect arbitration of your small claims case; otherwise either side can elect until trial

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

Qualifications & exceptions

• The small claims promise applies only to claims you file that are individual and pending only in small claims court.
• The commitment is stated as American Express not electing arbitration; the passage does not say whether you could elect arbitration for such a claim.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, replacing court, jury trial and class or representative participation — American Express commits not to elect arbitration for an individual claim you file that is pending only in small claims court, which carves an exception out of the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, and if the class-action limits are invalid the whole arbitration provision falls away

If either party elects arbitration, the claim is arbitrated on an individual basis. There is 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 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 all-or-nothing sentence applies to the Limitations on Arbitration; the later continuation sentence in the Right to Reject passage treats other portions differently.

Not stated here

• The passage does not say what court or forum would then hear a claim if the Arbitration provision does not apply.

Legal Rights & Agreement Rules · Procedure

Arbitration is confidential and FAA-governed; claims of $10,000 or less can choose documents, phone or in-person hearing

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, and does 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 American Express agree that the arbitration will be confidential and that American Express will not disclose the content of the arbitration proceeding or its outcome to anyone, but either party may notify any government authority of the claim as permitted or required by law. 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. At your election, arbitration hearings will take place in the federal judicial district of your residence.

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.

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.

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.

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

Qualifications & exceptions

• The choice of hearing format applies to claims of $10,000 or less.
• The confidentiality sentence says American Express will not disclose the content or outcome; the preceding sentence says both parties agree the arbitration will be confidential.

Not stated here

• The text of the FAA is not supplied and is not described here.
• The passage does not say whether you are free to disclose the content of the arbitration; it states the agreement on confidentiality and the right of either party to notify a government authority.

Legal Rights & Agreement Rules · Procedure

An arbitration award can be appealed to a three-arbitrator panel within 35 days

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 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 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.

Qualifications & exceptions

• The 35 days run from when the award is issued.

Not stated here

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

Legal Rights & Agreement Rules · Company commitment

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

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. American Express is responsible for any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer American Express made before the final hearing in arbitration, the arbitrator's 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

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 and the fee award apply only if the award is greater than any final offer American Express made before the final hearing.
• American Express's temporary advance or expert-fee payment is something it will "consider in good faith" on written request, not a promise to pay.

Not stated here

• The passage does not say what the award includes if American Express made no final offer before the final hearing.

Legal Rights & Agreement Rules · User right or choice

You can reject arbitration by mailing a signed notice 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 rejection notice must be mailed within 45 days after your first Card purchase. It must state that you reject the Arbitration provision and include your name, address, Account number and personal signature, and 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. Rejection will not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use the 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. 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 window is 45 days after your first Card purchase and the notice must be mailed within it.
• A compliant rejection also switches off arbitration provisions in your other currently open American Express Card Member agreements, except Corporate Card accounts and claims in pending litigation or arbitration.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, replacing court, jury trial and class or representative participation — A compliant rejection notice sent within 45 days of the first Card purchase means the Arbitration provision does not apply to you, qualifying the general right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives account closure, payoff, collection, bankruptcy and sale of the Account

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 the case of a sale, its terms apply to the buyer of the Account. If any portion of the 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 the section.

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 separate-severability sentence excludes the Limitations on Arbitration subsection, which has its own all-or-nothing rule.

Legal Rights & Agreement Rules · Restriction or exception

If American Express credits a disputed charge, you assign it your claims against the merchant for that amount

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

Supporting quotations

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

Qualifications & exceptions

• The assignment excludes tort claims.
• The crediting is discretionary ("may credit").

Not stated here

• The passage does not say how long a Card Member has to dispute a charge.