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.

Charges & Financial Obligations · Company practice

Purchase APR is Prime Rate plus 12.74% to 21.74% and cash advance APR is Prime Rate plus 21.99%, both variable

The Rates and Fees Table gives the Annual Percentage Rate for Purchases as a range, from Prime Rate + 12.74% to Prime Rate + 21.74%, and the APR for Cash Advances as Prime Rate + 21.99%. Both are variable APRs and the table refers the reader to the Explanation of Variable Rates below it.

Supporting quotations

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

APR for Cash Advances | Prime Rate + 21.99% This is a variable APR. See Explanation of Variable Rates below.

Qualifications & exceptions

• Both APRs are stated as a margin over the Prime Rate, not as a fixed percentage, so the actual percentage depends on the Prime Rate in effect.
• Variable APRs will not exceed 29.99% according to the Explanation of Variable Rates (see the variable-rate card).

Not stated here

• The document does not say how it decides where within the Purchase APR range a particular Card Member falls.
• The Rates and Fees Table lists no Daily Periodic Rate values; it gives only the margins over the Prime Rate. This published agreement does not show DPR values, and none are computed here.

Cross-references

• qualified by (model-proposed): Variable APRs move with the Prime Rate from the first day of the billing period and are capped at 29.99% — The table states the Purchase and Cash Advance APRs as margins over the Prime Rate and refers to the Explanation of Variable Rates, which sets how and when changes take effect, the 29.99% cap and what the Prime Rate is.

Charges & Financial Obligations · Company practice

Variable APRs move with the Prime Rate from the first day of the billing period and are capped at 29.99%

If the Prime Rate increases, variable APRs (and the corresponding DPRs) will increase, so you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed. Variable APRs will not exceed 29.99%. Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period; if the Journal does not publish it that day, the Prime Rate from the previous day it was published is used, and if the Journal is no longer published or stops publishing the Prime Rate, American Express may use the Prime Rate published in another newspaper of general circulation.

Supporting quotations

Explanation of Variable Rates: If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed. Variable APRs will not exceed 29.99%.

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

If The Wall Street Journal does not publish the Prime Rate on that day, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.

Qualifications & exceptions

• The 29.99% ceiling applies to variable APRs as the passage states; it is not a statement about the Penalty APR beyond that wording, and the passage does not say separately whether the Penalty APR is included.
• The fallback to another newspaper is written as "may", so the choice of newspaper is at the issuer's discretion.

Not stated here

• The current numeric Prime Rate is not given in the document.
• The passage describes the effect of an increase; it applies the timing rule to any change in the Prime Rate but does not separately describe how a decrease is passed on.

Cross-references

• qualifies (model-proposed): Purchase APR is Prime Rate plus 12.74% to 21.74% and cash advance APR is Prime Rate plus 21.99%, both variable — The table states the Purchase and Cash Advance APRs as margins over the Prime Rate and refers to the Explanation of Variable Rates, which sets how and when changes take effect, the 29.99% cap and what the Prime Rate is.

Charges & Financial Obligations · Restriction or exception

Penalty APR of Prime Rate plus 26.74% can apply to new Transactions after a missed minimum payment or a returned payment

The table says American Express has the right to apply the Penalty APR, Prime Rate + 26.74% (a variable APR), to new Transactions if you do not pay at least the Minimum Payment Due by the Payment Due Date, or if your payment is returned by your bank (and the table says it will notify you if it does). If the Penalty APR is applied, it applies for at least 6 months. American Express will review the Account every 6 months after the Penalty APR is applied, and the Penalty APR continues until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

Penalty APR and When it Applies | Prime Rate + 26.74% This is a variable APR. See Explanation of Variable Rates below. We have the right to apply the Penalty APR to new Transactions if: • you do not pay at least the Minimum Payment Due by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.

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

Qualifications & exceptions

• The table applies the Penalty APR to "new Transactions"; it does not say here whether balances that already exist are repriced.
• The words "we will notify you if we do" follow the returned-payment trigger; the table does not say whether they limit the other trigger or what form the notice takes.

Not stated here

• "Transactions" is capitalized in the table; the document's Part 2 definitions use the term "charge", and this table does not define "Transactions".

Charges & Financial Obligations · Company commitment

Due Date is at least 25 days after the period closes; no purchase interest if the balance is paid in full

Under Paying Interest, the table says your Due Date is at least 25 days after the close of each billing period, and that American Express will not charge interest on purchases if you pay your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date each month. Interest on cash advances begins on the transaction date.

Supporting quotations

Paying Interest | Your Due Date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date. We will begin charging interest on cash advances on the transaction date.

Qualifications & exceptions

• The no-interest rule is conditional on paying the entire balance every month by the due date; the longer 'When We Charge Interest (Grace Period)' section explains the Interest Free Period in more detail.
• Interest on cash advances is not covered by the no-interest rule: it begins on the transaction date.

Charges & Financial Obligations · Company practice

The table says interest is figured with the average daily balance method, including new purchases

The Rates and Fees Table states that interest is calculated using the average daily balance method (including new purchases) and points the reader to the 'How we calculate interest' section in Part 2 for the details.

Supporting quotations

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

Qualifications & exceptions

• This is a summary line in the table; the formula and the definitions are in Part 2.

Charges & Financial Obligations · Company practice

Plan It carries a monthly fixed finance charge of up to 1.33% of each purchase or amount moved into a plan

The Plan Fee (Fixed Finance Charge) is a monthly fee of up to 1.33% of each purchase or amount placed into a plan, based on the plan duration, the APR that would otherwise apply to the purchase or amount, and other factors. The fee is a fixed finance charge charged each month a plan is active. The dollar amount of the plan fee is disclosed before you set up a plan, and the agreement refers to About Plan It Feature in Part 2 for more.

Supporting quotations

Plan Fee (Fixed Finance Charge) | A monthly fee of up to 1.33% of each purchase or amount moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase, and other factors.

Plan Fee (Fixed Finance Charge): Monthly, up to 1.33% of each purchase or amount placed into a plan based on the plan duration, the APR that would otherwise apply to the purchase or amount, and other factors. This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan.

Qualifications & exceptions

• The percentage is a maximum ("up to 1.33%"); the actual fee depends on plan duration, the APR that would otherwise apply, and other factors that the document does not list in full.
• The fee is charged each month that a plan is active.

Not stated here

• The "other factors" that affect the plan fee are not listed.

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.

Charges & Financial Obligations · Company practice

Annual fee is $150, none for additional Cards; fees go to the purchase balance unless stated otherwise

The Rates and Fees Table lists an Annual Fee of $150. The How Rates and Fees Work section says the Annual Fee is the one on the table, that the Annual Fee for Additional Cards is None, and that American Express adds fees to a purchase balance unless it tells you otherwise.

Supporting quotations

Annual Fee | $150

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

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

Annual Fee for Additional Cards: None.

Qualifications & exceptions

• Fees are added to the purchase balance by default; the cash advance fee is the stated example of a fee added to a different balance (the Cash Advance balance).
• Part 3 sets out when the Annual Fee is refunded if you close the Account; that policy is described in its own card.

Not stated here

• This section does not say when during the year or in which billing period the Annual Fee is charged.

Charges & Financial Obligations · Company practice

Cash advance fee is the greater of $10 or 5% of the advance, added to the Cash Advance balance

The table sets the cash advance transaction fee at either $10 or 5% of the amount of each cash advance, whichever is greater. The How Rates and Fees Work section states the fee as 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10, and says American Express will add the fee to the Cash Advance balance.

Supporting quotations

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

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

Qualifications & exceptions

• The 5% is calculated on the cash advance amount including any ATM operator fees.

Charges & Financial Obligations · Company commitment

No foreign transaction fee is listed

Both the Rates and Fees Table and the Fees section of How Rates and Fees Work list the Foreign Transaction fee as None. Part 3 separately explains how charges made in a foreign currency are converted into U.S. dollars.

Supporting quotations

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

Foreign Transaction: None.

Qualifications & exceptions

• "None" describes the fee in this fees list; currency conversion is a separate matter covered in Part 3.

Charges & Financial Obligations · Company practice

Late payment fee is $29, or $40 on a repeat within 6 billing periods, capped at the prior Minimum Payment Due

A late payment fee applies if American Express does not receive the Minimum Payment Due by its Payment Due Date. The table says up to $40; the fee is $29 the first time. If it happens again within the next 6 billing periods, the fee is $40. However, the late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Supporting quotations

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

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

Qualifications & exceptions

• The cap is the Minimum Payment Due on the prior billing statement, so a late fee can be lower than $29 or $40 if that minimum is lower.

Charges & Financial Obligations · Company practice

Returned payment fee is $29, or $40 on a repeat, capped at the prior Minimum Payment Due

If a payment you make is returned unpaid the first time American Express presents it to your bank, the fee is $29. If this happens again within the same billing period or the next 6 billing periods, the fee is $40. The returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement. The table lists the fee as up to $40.

Supporting quotations

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

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

Qualifications & exceptions

• The cap refers to the applicable Minimum Payment Due on the prior billing statement.

Charges & Financial Obligations · Company practice

A $38 returned check fee applies to card-cashed checks and there is no overlimit fee

A returned check fee of $38 applies if you use your Card to cash a check at one of American Express's approved locations and the check is returned unpaid; American Express will also charge you the unpaid amount. The Overlimit fee is listed as None, with a pointer to Credit Limit and Cash Advance Limit in Part 1.

Supporting quotations

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

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

Qualifications & exceptions

• The returned check fee applies to checks cashed with the Card at approved locations.

Charges & Financial Obligations · Company practice

Re-opening a cancelled Account costs $25

The fees list says that if your Account is cancelled, you ask American Express to re-open it, and it does so, the Account Re-opening fee is $25.

Supporting quotations

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

Qualifications & exceptions

• All three conditions in the list must occur: cancellation, your request to re-open, and American Express re-opening the Account.
• Part 3 words the re-opening charge as something American Express "may charge"; the two passages are described in their own cards.

Account & Service Control · Company practice

Credit Limit and Cash Advance Limit can be raised or cut at any time, even if you pay on time

American Express assigns a Credit Limit to the Account and may make part of it available for cash advances (the Cash Advance Limit). There may also be a limit on how much you can withdraw from ATMs in a given period. The limits are shown on page 1 of Part 1 and on each billing statement. American Express may increase or reduce the Credit Limit and Cash Advance Limit, even if you pay on time and the Account is not in default. You agree to manage the Account so that the Account balance (including fees and interest) is not more than the Credit Limit, and the cash advance balance (including fees and interest) is not more than the Cash Advance Limit.

Supporting quotations

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

The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default. You agree to manage your Account so that:

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

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

Qualifications & exceptions

• The change right is stated without a condition: it applies "even if you pay on time and your Account is not in default".
• Fees and interest count toward the balances measured against both limits.

Not stated here

• The amounts of the Credit Limit, Cash Advance Limit and any ATM withdrawal limit are not stated in this published copy; they are said to appear on page 1 of Part 1 and on billing statements.

Charges & Financial Obligations · Restriction or exception

Charges over the Credit Limit may be approved with no overlimit fee, and you must repay the excess if asked

American Express may approve charges that cause the Account balance to go over the Credit Limit. If it does, it will not charge an overlimit fee. If it asks you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so.

Supporting quotations

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

Qualifications & exceptions

• Approval of an over-limit charge is permissive ("may approve"); the document does not promise that over-limit charges will be approved.
• The passage does not set a time for repaying the excess beyond "promptly" when asked.

Charges & Financial Obligations · Restriction or exception

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

Your person-to-person transactions may not exceed $2,000 within any 30-day period, and you agree to manage the Account so that the total of these transactions in any 30-day period does not exceed the Person-to-Person Limit. American Express may not approve a person-to-person transaction if it would cause the Account to exceed the applicable person-to-person transaction limit or the Credit Limit.

Supporting quotations

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

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

Qualifications & exceptions

• Part 2 defines a person-to-person transaction as a charge for funds sent to another person or a charge to add funds to an Amex Send account; the limit applies to that kind of transaction.

Charges & Financial Obligations · Company practice

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

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

Supporting quotations

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

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

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

$40.

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

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

Qualifications & exceptions

• The first two amounts are computed on the New Balance with specific exclusions that differ slightly: the first excludes interest as well as penalty fees, overlimit amount and plan balances; the second does not list interest as excluded.
• The additions are made after the highest of the three amounts is chosen.

Charges & Financial Obligations · Context

Worked example: a $2,900 New Balance with $29.57 interest gives a $58.27 Minimum Payment Due

The agreement gives an example of the Minimum Payment Due calculation. It assumes a New Balance of $2,900, interest of $29.57, and no active plans, overlimit amount, penalty fees, or amounts past due. The three amounts are $58.27 ($29.57 plus 1% multiplied by $2,900 minus $29.57), $58 (2% of $2,900) and $40, and the highest is $58.27. It adds that if the account has any active plans, overlimit amount, penalty fees, or amounts past due, the Minimum Payment Due will be higher.

Supporting quotations

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

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

$58 (2% of $2,900)

$40

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

Qualifications & exceptions

• The figures are assumptions for illustration and are not this Card's rates or any Card Member's actual amounts.

Charges & Financial Obligations · Company practice

Purchases carry no interest in an Interest Free Period, which starts when you pay the New Balance by the due date

You are not charged interest on purchases when you are in an Interest Free Period. The Account enters an Interest Free Period when you pay your New Balance as shown on your statement by the Payment Due Date, or if the Account had no previous balance. When the Account is not in an Interest Free Period, interest is charged on purchases from the date of the transaction. After you enter an Interest Free Period again, interest may appear on your next billing statement, reflecting interest charged from the beginning of that billing cycle through the date the payment was received. If you have an active plan created through Plan It, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

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

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

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

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

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

Qualifications & exceptions

• The Interest Free Period applies to purchases; balances from balance transfers and cash advances are treated separately (see the next card).
• The way to enter the period differs if you have an active plan: pay at least the Balance Adjusted for Plans (or Adjusted Balance) rather than the New Balance.

Cross-references

• has exception (model-proposed): Balance transfers and cash advances accrue interest from the transaction date with no Interest Free Period — The Interest Free Period described for purchases does not apply to balance transfers and cash advances, which accrue interest from the transaction date.

Charges & Financial Obligations · Restriction or exception

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

Balance transfers and cash advances are charged interest from the date of the transaction and do not have an Interest Free Period. The section closes by pointing to the How we calculate interest section of the agreement for more detail on interest charges.

Supporting quotations

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

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

Qualifications & exceptions

• This exception limits the purchase-only Interest Free Period described in the previous card.
• Part 2 says balance transfers are available only at American Express's discretion and cannot come from other accounts issued by American Express or its affiliates.

Cross-references

• exception to (model-proposed): Purchases carry no interest in an Interest Free Period, which starts when you pay the New Balance by the due date — The Interest Free Period described for purchases does not apply to balance transfers and cash advances, which accrue interest from the transaction date.

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.

Account & Service Control · Company commitment

Eligible purchases earn 3 Hilton Honors Bonus Points per dollar, excluding fees, interest and cash advances

You receive 3 Hilton Honors Bonus Points (Points) for each dollar of eligible purchases on the Hilton Honors American Express Surpass Card (Card Account). Eligible purchases are purchases for goods and services minus returns and other credits. Eligible purchases do not include fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, including gift cards, or person-to-person transactions.

Supporting quotations

How you receive Points: You receive 3 Hilton Honors Bonus Points (Points) for each dollar of eligible purchases on your Hilton Honors American Express Surpass® Card (Card Account). Eligible purchases are purchases for goods and services minus returns and other credits.

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

Qualifications & exceptions

• Returns and other credits reduce the eligible purchase amount.
• The exclusions are listed in the text and include gift cards as cash equivalents.

Not stated here

• The Points are described as Hilton Honors Bonus Points; their value or redemption options are governed by Hilton's separate terms, which were not supplied.

Account & Service Control · Company commitment

Purchases charged directly with a Hilton portfolio property earn 12 Points per dollar in total

You receive 9 additional Points (a total of 12) for each dollar of eligible purchases on the Card Account that are charged directly with a property within the Hilton portfolio.

Supporting quotations

How you receive additional Points: You receive 9 additional Points (a total of 12) for each dollar of eligible purchases on your Card Account charged directly with a property within the Hilton portfolio.

Qualifications & exceptions

• The higher rate applies to eligible purchases charged directly with a property within the Hilton portfolio; the passage does not say how purchases made through third parties are treated, and the merchant-code section later says purchases made through third parties may not earn additional Points.

Not stated here

• The document does not list which properties or brands make up the Hilton portfolio.

Account & Service Control · Company commitment

Eligible U.S. restaurant, supermarket and gas station purchases earn 6 Points per dollar in total

You receive 3 additional Points (a total of 6) for each dollar of eligible purchases on the Card Account at restaurants located in the U.S., at supermarkets located in the U.S., and on gasoline at gas stations located in the U.S. Superstores and warehouse clubs are not considered supermarkets, and superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations.

Supporting quotations

You receive 3 additional Points (a total of 6) for each dollar of eligible purchases on your Card Account: at restaurants located in the U.S., at supermarkets located in the U.S. (superstores and warehouse clubs are not considered supermarkets), and on gasoline at gas stations located in the U.S. (superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations).

Qualifications & exceptions

• Each category is limited to U.S. locations.
• Gasoline counts only at gas stations; superstores, supermarkets and warehouse clubs that sell gasoline do not qualify as gas stations.

Cross-references

• qualified by (model-proposed): Additional Points depend on merchant codes, and some third-party or wallet purchases may not earn them — Whether a purchase earns the additional Points in a category depends on the merchant code assigned, and some third-party and wallet purchases may not earn additional Points, which qualifies the category rates.

Account & Service Control · Company commitment

Eligible U.S. online retail purchases earn 4 Points per dollar in total, with listed categories excluded from retail

You receive 1 additional Point (a total of 4) for each dollar of eligible U.S. online retail purchases on the Card Account. Purchases made at restaurants, supermarkets, gasoline stations, or automotive dealers, as well as purchases of travel, entertainment, or other services, are not considered retail purchases.

Supporting quotations

You receive 1 additional Point (a total of 4) for each dollar of eligible U.S. online retail purchases on your Card Account (purchases made at restaurants, supermarkets, gasoline stations, or automotive dealers, as well as purchases of travel, entertainment, or other services are not considered retail purchases).

Qualifications & exceptions

• The category is limited to U.S. online retail purchases.
• Restaurants, supermarkets and gas stations have their own rate in the previous packet; travel, entertainment, other services and automotive dealers are stated not to count as retail.

Not stated here

• The document does not say how a purchase is treated when it could fit both the online retail category and a Hilton property or other category.

Account & Service Control · Restriction or exception

Additional Points depend on merchant codes, and some third-party or wallet purchases may not earn them

Merchants are assigned codes based on what they primarily sell, and American Express groups certain merchant codes into categories eligible for additional Points. A purchase with a merchant will not receive additional Points if the merchant's code is not included in a reward category. You may not receive additional Points if American Express receives inaccurate information or is otherwise unable to identify your purchase as eligible for a reward category. The text gives examples: a merchant uses a third party to sell its products or services; a merchant uses a third party to process or submit your transaction (for example, using mobile or wireless card readers); or you make a purchase using a third-party payment account or a mobile or digital wallet.

Supporting quotations

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

You may not receive additional Points if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category. For example, you may not receive additional Points when: a merchant uses a third-party to sell their products or services; or a merchant uses a third-party to process or submit your transaction to us (e.g., using mobile or wireless card readers); or you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet.

Qualifications & exceptions

• The wording is "may not receive additional Points", so the examples are circumstances in which additional Points may be lost, not guaranteed outcomes.
• This qualifies the category rates in the earning cards: the category depends on the merchant code assigned, not on what you bought.

Not stated here

• The document does not list the merchant codes in each category.

Cross-references

• qualifies (model-proposed): Eligible U.S. restaurant, supermarket and gas station purchases earn 6 Points per dollar in total — Whether a purchase earns the additional Points in a category depends on the merchant code assigned, and some third-party and wallet purchases may not earn additional Points, which qualifies the category rates.

Account & Service Control · Procedure

Rewards questions go to the number on the Card; more rewards and benefit details are on linked pages not supplied

For questions about additional Points on a purchase, you can call the number on the back of the Card. The text refers readers to americanexpress.com/rewards-info for more information about rewards, and to go.amex/V5C663 for detailed information about Card benefits.

Supporting quotations

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

Additional Details: For detailed information about Card benefits please visit go.amex/V5C663.

Qualifications & exceptions

• The linked pages are outside this document.

Not stated here

• What the americanexpress.com/rewards-info page and the go.amex/V5C663 page say was not supplied and is not described here.

Account & Service Control · Permission or license

Promotional bonus Points offers carry their own terms, which may differ from the standard terms

From time to time American Express may make promotional offers of bonus Points. These offers include terms about how you can earn the bonus Points and when you can use them, and those offer terms may differ from the terms above on Points earned for eligible purchases on the Card Account, including about when you can use the Points.

Supporting quotations

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

Qualifications & exceptions

• Offers are discretionary ("may make"); the offer's own terms control the points it covers.

Not stated here

• The terms of any particular promotional offer are not part of this document.

Account & Service Control · User right or choice

You can view your Points balance in your online account summary

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

Supporting quotations

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

Account & Service Control · Company practice

Points transfer to your Hilton Honors account after each billing period and can take up to 12 weeks to post

American Express transfers the Points you receive to your Hilton Honors program account after the end of the billing period in which you received them. Hilton Honors Points received from the Card will be posted to your Hilton Honors account up to 12 weeks after the end of your billing cycle. Your account must not be cancelled or delinquent at the time of fulfillment. Your Hilton Honors Points are subject to the Hilton Honors Terms and Conditions at HiltonHonors.com/terms.

Supporting quotations

When we transfer Points: We transfer the Points you receive to your Hilton Honors program account after the end of the billing period in which you received them.

Hilton Honors Points received from your Card will be posted to your Hilton Honors account up to 12 weeks after the end of your billing cycle. Your account must not be cancelled or delinquent at the time of fulfillment. Your Hilton Honors Points are subject to Hilton Honors Terms and Conditions, see HiltonHonors.com/terms.

Qualifications & exceptions

• Transfer depends on the Card Account not being cancelled or delinquent at fulfillment.
• Once transferred, the Points are governed by the Hilton Honors Terms and Conditions.

Not stated here

• The Hilton Honors Terms and Conditions are linked but were not supplied, so their rules for the Points are not described.
• "Delinquent" is not defined in this passage.

Account & Service Control · Restriction or exception

Missing the Minimum Payment Due by the due date forfeits that billing period's Points; reinstatement costs $35

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you forfeit the Points you earned for eligible purchases during that billing period. The text gives an example: if the billing period closes January 15 and the minimum payment for that billing period is due February 10, and you do not make that minimum payment by February 10, you will not earn Points for purchases in the billing period ending February 15. You may reinstate those Points within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Supporting quotations

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

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

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

Qualifications & exceptions

• Reinstatement requires that the Card Account is not past due, that you do so within the next 12 billing periods, and that you pay a $35 fee.
• The example places the forfeiture on the billing period that contains the missed due date, not on the period that closed on January 15.

Not stated here

• The rule sentence refers to "that billing period" and could be read as either the period for which the minimum payment is due or the one in which the due date falls; the example resolves it to the billing period ending February 15 and the document does not say more.

Account & Service Control · Restriction or exception

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

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

Supporting quotations

Other things you should know about this program: You will receive Points only for eligible purchases intended for personal, family or household use.

Qualifications & exceptions

• Part 2 separately says you agree to use the Card for personal, family, or household purposes only.

Account & Service Control · Restriction or exception

Each Basic Card Member needs a unique Hilton Honors account, or American Express may cancel the Card Account

Each Basic Card Member must have a unique Hilton Honors loyalty account. American Express may cancel the Card Account if you do not maintain an active Hilton Honors loyalty account.

Supporting quotations

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

Qualifications & exceptions

• Cancellation is stated as something American Express "may" do.

Not stated here

• The document does not say what makes a Hilton Honors loyalty account "active".

Account & Service Control · Permission or license

American Express may change the rewards terms at its discretion, and violation or abuse may forfeit Points

American Express may change the terms of this program at its discretion. If you violate or abuse the program, you may forfeit some or all of your Points.

Supporting quotations

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

Qualifications & exceptions

• Both statements are discretionary ("may").

Not stated here

• The document does not define what counts as violating or abusing the program.

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.

Charges & Financial Obligations · Context

Definitions of charge, purchase, cash advance, balance transfer, person-to-person transaction and plan

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

Supporting quotations

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

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

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

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

Qualifications & exceptions

• A person-to-person transaction counts as a purchase under this definition, while the rewards supplement separately excludes person-to-person transactions from eligible purchases.
• Part 1 sets a separate APR and fee for cash advances; this definition decides which charges count as cash advances.

Not stated here

• The definition of cash advance is a list introduced by "including"; the document does not say whether other charges can also be cash advances.

Account & Service Control · Restriction or exception

The Card is for personal, family or household use; plans, cash advances and transfers are discretionary

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

Supporting quotations

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

Qualifications & exceptions

• Plans, cash advances and balance transfers are available only if American Express permits them.
• The personal, family or household restriction is something you agree to.

Sharing & Disclosure · User right or choice

Merchants can store your Card details, and American Express may tell them about new numbers or account status

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

Supporting quotations

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

Qualifications & exceptions

• Sharing updates is optional for American Express ("may (but are not required to)").

Not stated here

• The passage does not say which merchants or third parties receive updates, or which fields beyond the expiration date, Card number and Account status are shared.

Security & Safeguards · Restriction or exception

You must keep the Card safe, report loss, theft or unauthorized use, and not use the Account for illegal activities

Keep the Card safe and do not let anyone else use it. If the Card is lost or stolen or the Account is being used without your permission, contact American Express right away. You may not use the Account for illegal activities.

Supporting quotations

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

Not stated here

• This passage does not say what your liability is for unauthorized use.

Account & Service Control · Permission or license

American Express may decline a charge for various reasons and is not responsible for losses if it does

American Express may decline to authorize a charge for various reasons, including if it suspects fraud or based on its assessment of your creditworthiness, even if the charge would not cause you to go over your Credit Limit and even if the Account is not in default. It is not responsible for any losses you incur if it does not authorize a charge or if any merchant refuses to accept the Card.

Supporting quotations

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

Qualifications & exceptions

• The reasons listed are examples ("including"); the passage does not limit declines to them.

Charges & Financial Obligations · Company practice

Plan It lets you pay qualifying purchases or amounts over time for a monthly fixed plan fee instead of the purchase APR

American Express may offer Plan It, which allows you to create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee. The fee is a fixed finance charge charged each month a plan is active. When you set up a plan, you select qualifying purchases or a qualifying amount and a plan duration, and you can view the monthly plan payments, including the plan fee, for your selection. Each plan fee is disclosed before you create the plan and is based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. The purchases or amount are added to a plan balance and are subject to a plan fee instead of the APR for purchases.

Supporting quotations

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

You may use this feature by selecting qualifying purchases or a qualifying amount and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection. Each plan fee will be disclosed before you create the applicable plan and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

Qualifications & exceptions

• Plan It is offered at American Express's option ("may offer").
• The plan fee replaces the purchase APR on the plan balance.

Not stated here

• The "other factors" that affect the plan fee are not listed.

Charges & Financial Obligations · Restriction or exception

Plan It excludes cash, balance transfers, purchases with Foreign Transaction Fees, and fees owed to American Express

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount, and a qualifying amount is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.

Supporting quotations

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

• The exclusions apply to qualifying purchases and, for a Card with a Credit Limit, to a qualifying amount.

Not stated here

• The minimum dollar amount of a qualifying purchase and the portion of the balance that is a qualifying amount are described only as "specified" and are not stated here.

Account & Service Control · Restriction or exception

Plan eligibility depends on creditworthiness and account status, and plan balances count toward the Credit Limit

Your ability to create plans is based on factors such as your creditworthiness and your Credit Limit. You cannot create plans if the Account is cancelled, or if one or more of your American Express accounts is enrolled in a payment program, has a payment that is returned unpaid, or is past due. American Express tells you the number of active plans you may have and may change that number at any time. The plan durations offered, and whether you can include multiple qualifying purchases or a qualifying amount in one plan, are at its discretion and based on factors such as your creditworthiness, the purchase amount(s), and your Account history. You agree to manage the Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

Supporting quotations

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

We will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history.

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

Qualifications & exceptions

• The status conditions (enrolled in a payment program, payment returned unpaid, or past due) apply to one or more of your American Express accounts, not only this Account.
• American Express may change the number of active plans you may have at any time.

Not stated here

• The document does not define "payment program" or say how many active plans a Card Member may have.

Charges & Financial Obligations · Restriction or exception

Plans cannot be cancelled once created, but paying the New Balance in full pays them off early with no further plan fees

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

Supporting quotations

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

Qualifications & exceptions

• The early payoff route described is paying the New Balance in full.

Not stated here

• The passage does not say whether a smaller payment can pay off a single plan early.

Charges & Financial Obligations · Restriction or exception

You promise to pay all charges, including Additional Card Members', and at least the Minimum Payment Due on time

You promise to pay all charges added to the Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction. You must pay at least the Minimum Payment Due on or before the Payment Due Date, in the time and manner shown on each billing statement.

Supporting quotations

Promise to pay: You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction. When you must pay: You must pay at least the Minimum Payment Due on or before the Payment Due Date in the time and manner shown on each billing statement.

Qualifications & exceptions

• The promise covers charges you permit others to make and charges made without presenting the Card or signing.

Charges & Financial Obligations · Procedure

Payments must be in U.S. dollars by check, negotiable instrument or electronic payment; mail one per Account

Payments must be made to American Express in U.S. dollars with a single check drawn on a U.S. bank, a single negotiable instrument clearable through the U.S. banking system (for example a money order), or an electronic payment that can be cleared through the U.S. banking system. When making a payment by mail, you make a separate payment for each Account, mail it to the address shown on the payment coupon on your billing statement, and write your Account number on your check or negotiable instrument and include the payment coupon.

Supporting quotations

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

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

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

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

When making a payment by mail:

make a separate payment for each Account,

mail your payment to the address shown on the payment coupon on your billing statement, and

write your Account number on your check or negotiable instrument and include the payment coupon.

Qualifications & exceptions

• The mailing steps apply to payments made by mail.

Charges & Financial Obligations · Company practice

Compliant payments are credited the day received if on time; others are credited the next day or delayed

If your payment meets the requirements above, American Express credits it to your Account as of the day it receives it, as long as it receives it by the time and in the manner disclosed in your billing statement. If it receives the payment after that time, it credits the payment on the day after it receives it. If your payment does not meet the requirements, there may be a delay in crediting your Account, which may result in late payment fees and additional interest charges (see the How Rates and Fees Work section in Part 1).

Supporting quotations

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

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

Qualifications & exceptions

• Same-day credit depends on both meeting the payment requirements and receipt by the time and in the manner shown on the statement.

Not stated here

• The cutoff time is on the billing statement and is not stated in this document.

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S. bank payments are refused; restrictive payments do not change the Agreement

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

Supporting quotations

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

Charges & Financial Obligations · Company practice

Payments cover Plan amounts and the lowest-rate balance first up to the minimum, then the highest-rate balance first

If the Account has balances with different interest rates, Plan balances, or Plan fees, payments are generally applied in a billing period as follows. Payments up to the Minimum Payment Due are applied first to any Plan amounts included in the Minimum Payment Due, then to the balance subject to the lowest interest rate, and then to balances subject to higher interest rates. After the Minimum Payment Due has been paid, payments are applied to the balance subject to the highest interest rate, then to balances subject to lower interest rates, and then to any Plan balances.

Supporting quotations

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

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

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

Qualifications & exceptions

• The text says payments are "generally" applied this way, which leaves room for exceptions that the passage does not list.

Charges & Financial Obligations · Company practice

Credits go to the same balance as the related charge; within a balance, American Express may apply them in any order

In most cases, American Express applies a credit to the same balance as the related charge; for example, a credit for a purchase goes to the purchase balance. It may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If there is a negative balance in any balance at the end of a billing period, that excess credit is redistributed to other balances in line with how payments are applied, which means that in certain circumstances Plan balances may be paid before they otherwise would be. If you receive a credit for a purchase placed into a plan, you must call the number on the back of the Card to have the credit applied to the Plan balance.

Supporting quotations

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

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

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

Qualifications & exceptions

• "In most cases" qualifies the same-balance rule.
• A credit for a purchase that was placed into a plan is not applied to the Plan balance unless you call.

Charges & Financial Obligations · Company practice

Interest is calculated per balance as average daily balance times daily periodic rate times days in the billing period

Interest for a billing period is calculated by first figuring the interest on each balance, since different categories of transactions, such as purchases and cash advances, may have different interest rates, and balances within each category may also have different rates. American Express uses the Average Daily Balance method (including new transactions) to figure interest charges for each balance, and the total interest charged for a billing period is the sum of the interest charged on each balance. Except for variations caused by rounding, the interest charged for a balance in a billing period equals the Average Daily Balance (ADB) multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period.

Supporting quotations

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

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

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

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period.

Qualifications & exceptions

• ADB and DPR are defined in the following passages; the DPR is derived from an APR.

Not stated here

• No DPR values are shown in this published agreement; see the card on the ADB and DPR definitions.

Cross-references

• defined by (model-proposed): ADB and DPR are defined here, but the published agreement shows no DPR values despite pointing to Part 1 — The formula uses the Average Daily Balance and the Daily Periodic Rate; the ADB and DPR are defined in the following passage, which also points to Part 1 for DPR values that the published agreement does not show.

Charges & Financial Obligations · Context

ADB and DPR are defined here, but the published agreement shows no DPR values despite pointing to Part 1

The Average Daily Balance (ADB) for a balance is found by adding up its daily balances and dividing the result by the number of days in the billing period. A Daily Periodic Rate (DPR) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The passage then says "Your DPRs are shown in How Rates and Fees Work in Part 1." The published agreement does not show any DPR: its How Rates and Fees Work section holds the Explanation of Variable Rates (which mentions "corresponding DPRs"), Determining the Prime Rate, the fees, the limits, the Minimum Payment Due calculation and the Interest Free Period passages, and the Rates and Fees Table gives APRs as the Prime Rate plus a margin, some as a range, with no DPR values. The document therefore gives the DPR only as a definition and in the worked example, which uses an assumed rate.

Supporting quotations

ADB: To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days in the billing period.

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

Your DPRs are shown in How Rates and Fees Work in Part 1.

Qualifications & exceptions

• Under the definition a DPR is derived from an APR, but the Purchase APR is a range stated over a variable Prime Rate, so this published copy does not supply a DPR for the Card.
• No DPR value has been computed here from the APRs or taken from another agreement, and a Card Member's own Part 1 was not supplied.

Not stated here

• The DPR values that the passage says are shown in Part 1 are absent from this published agreement.
• Which DPR applies to a particular balance cannot be determined from the supplied text.

Cross-references

• defines (model-proposed): Interest is calculated per balance as average daily balance times daily periodic rate times days in the billing period — The formula uses the Average Daily Balance and the Daily Periodic Rate; the ADB and DPR are defined in the following passage, which also points to Part 1 for DPR values that the published agreement does not show.

Charges & Financial Obligations · Context

Worked example: a 15.99% rate, a $2,250 ADB and 30 days gives $29.57 of interest

The agreement works an example of the interest calculation. It assumes a single interest rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which equals 0.0438%. The interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57.

Supporting quotations

EXAMPLE: Calculating Interest

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

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

Qualifications & exceptions

• The 15.99% rate is an assumption for illustration and is not stated as a rate for this Card.

Charges & Financial Obligations · Company practice

Daily balances add new charges as of the transaction date, and interest compounds daily

The daily balance for each balance is figured by taking the beginning balance for the day, adding any new charges, subtracting any payments or credits, and making any appropriate adjustments. A new charge is added to a daily balance as of its transaction date, and a negative daily balance is treated as zero. For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day's daily balance plus interest equal to the previous day's daily balance multiplied by the DPR for that balance. The agreement says this method of figuring the beginning balance results in daily compounding of interest.

Supporting quotations

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

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

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

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

Qualifications & exceptions

• Interest is added to the beginning balance each day, so interest accrues on previously accrued interest.

Charges & Financial Obligations · Permission or license

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

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

Supporting quotations

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

Qualifications & exceptions

• Alternative methods must produce equivalent results.

Not stated here

• The passage does not say which types of charges might not bear interest.

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.

Account & Service Control · Permission or license

Additional Cards can be issued at your request; their use is under the Agreement and may be reported to credit bureaus

American Express may issue additional Cards on the Account at your request. Additional Card Members can use the Account subject to the terms of the Agreement, and American Express may report their use of the Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on the Account, it is shown on page 2 of Part 1 of the Agreement.

Supporting quotations

Additional Card Members: We may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of this Agreement.

Qualifications & exceptions

• Part 1 of this published agreement lists the Annual Fee for Additional Cards as None.

Account & Service Control · Restriction or exception

You are responsible for all use by Additional Card Members and anyone they allow, and authorize sharing with them

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

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made. You also authorize us to give Additional Card Members information about your Account and to discuss it with them.

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

Qualifications & exceptions

• Responsibility extends to anyone an Additional Card Member allows to use the Account.

Charges & Financial Obligations · Company practice

Foreign currency charges are converted to dollars by AEEML at a rate capped at the highest official or interbank rate

If you make a charge in a foreign currency, AE Exposure Management Ltd. (AEEML) converts it into U.S. dollars on the date American Express or its agents process it, and you are billed in U.S. dollars based on that conversion. Unless a particular rate is required by law, AEEML chooses a conversion rate that is acceptable to American Express for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from the rates in effect on the date of your charge. Charges converted by establishments (such as airlines) are billed at the rates they use.

Supporting quotations

Converting charges made in a foreign currency: If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion.

Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

• The rate is determined on the processing date, not the charge date, and may differ from the rate on the charge date.
• Part 1 lists no foreign transaction fee; this passage describes conversion only.
• Where an establishment, such as an airline, converts the charge, American Express bills at the establishment's rate.

Not stated here

• The actual rate AEEML uses on a given date is not stated in the document.

Data Access & Collection · Company practice

Charge information from federal agencies that accept the Card is collected for billing, collections and analysis

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

Supporting quotations

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

Qualifications & exceptions

• This applies to charges made at the federal agencies that accept the Card.

Not stated here

• The passage does not say which agencies accept the Card or which statute applies, and it does not describe what the Federal Register notices say.

Sharing & Disclosure · Company practice

Affiliates may tell you about insurance and other products and may be compensated, which may influence them

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

Supporting quotations

About insurance products: We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about.

Qualifications & exceptions

• Compensation arrangements are described in general terms ("may be compensated").

Not stated here

• The amounts and terms of compensation are not stated.

Sharing & Disclosure · Permission or license

American Express may share information about you with its affiliates to identify products for you and may be compensated

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

Supporting quotations

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

Not stated here

• The passage does not say which information is shared or whether you can opt out; the document points to no separate privacy statement in this passage.

Account & Service Control · Permission or license

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

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

Supporting quotations

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

Qualifications & exceptions

• The right is stated as discretionary and without a notice requirement in this passage.

Not stated here

• The passage does not say how you would be told of a change.

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.

Charges & Financial Obligations · User right or choice

Oregon residents: service charges are limited to those permitted by law, and you may pay more than the minimum

Notice to Oregon residents: service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Qualifications & exceptions

• The notice is addressed to Oregon residents.

Charges & Financial Obligations · User right or choice

Washington residents: not responsible for interest caused solely by delay in posting a returned-goods credit

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

Supporting quotations

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

Qualifications & exceptions

• The protection depends on the interest charges resulting solely from the delay and, for the merchant delay, on you having notified American Express of it.
• The sentence is long; the wording after "if you have notified us" can be read as applying to the merchant delay and the posting delay together or to the merchant delay only. It is quoted exactly.

Not stated here

• The text of the cited Washington statute is not supplied and is not described here.

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.

Account & Service Control · Company practice

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

American Express sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails it or delivers it electronically.

Supporting quotations

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

Qualifications & exceptions

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

Use & Processing · Permission or license

You authorize contact at any number or email by any method, including automated dialers, texts and pre-recorded messages

If American Express needs to contact you to service your account or to collect amounts you owe, you authorize it (and its affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact it, or at which it believes it can reach you. It may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. It may use an automated dialer or prerecorded messages, and may contact you on a mobile, wireless or similar device, even if you are charged for it.

Supporting quotations

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

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

Qualifications & exceptions

• The authorization covers American Express's affiliates, agents and contractors as well as American Express itself.
• Methods are limited to those "permitted by law".

Not stated here

• The passage does not describe how to limit or withdraw this authorization.

Data Access & Collection · Company practice

American Express may monitor and record calls between you and it

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

Supporting quotations

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

Not stated here

• The passage does not say how long recordings are kept or how they are used.

Account & Service Control · Restriction or exception

You must tell American Express right away if your address, email or phone changes, and may need to do so per Account

You must notify American Express immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify it separately for each Account. It may update your billing address if it receives information that the address has changed or is incorrect.

Supporting quotations

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

Legal Rights & Agreement Rules · Restriction or exception

If American Express credits a disputed charge, you assign 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.

Data Access & Collection · Permission or license

American Express will obtain credit reports and other information on you, use it for any purpose, and report the Account

You agree that American Express will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources, including information to verify and re-verify your employment and income. You agree that it will use such information for any purposes (for example, marketing to you or evaluating you for a new account), subject to applicable law. You agree that it will give information about the Account to credit reporting agencies and that it will tell a credit reporting agency if you fail to comply with the terms of the Agreement, which may have a negative impact on your credit report. If you believe information 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, telling it the specific information you believe is incorrect.

Supporting quotations

Credit reports: You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources including information to verify and re-verify your employment and income. And you agree that we will use such information for any purposes (for example, marketing to you or evaluating you for a new account), subject to applicable law.

You agree that we will give information about the Account to credit reporting agencies. We will tell a credit reporting agency if you fail to comply with the terms of this Agreement. This may have a negative impact on your credit report.

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.

Qualifications & exceptions

• Use of the information for any purposes is "subject to applicable law".
• The correction route stated is a written notice to the address given.

Not stated here

• The passage does not state how long information is kept or which other sources are used.

Account & Service Control · Restriction or exception

American Express may treat the Account as in default for a violation, false information, bankruptcy or payment doubts

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

Supporting quotations

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

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

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

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

Qualifications & exceptions

• Each trigger is stated as a circumstance in which American Express "may consider" the Account in default; the last one rests on American Express's belief.

Not stated here

• The list does not say whether you receive notice or a chance to cure before the Account is considered in default.
• Other agreements you have with American Express or an affiliate, which the default trigger refers to, are linked only by that description; their text is not supplied here, so this card cannot say which of their terms could cause a default.

Account & Service Control · Permission or license

After default, incapacity or death, American Express may suspend charges and demand the balance immediately

If American Express considers the Account in default, or if you become incapacitated or die, it may, to the extent permitted by federal and applicable state law, suspend your ability to make charges, cancel or suspend any feature on the Account, require you to pay more than the Minimum Payment Due immediately, and require you to pay the Account balance immediately.

Supporting quotations

If we consider your Account in default, or if you become incapacitated or die, we may, to the extent permitted by federal and applicable state law:

suspend your ability to make charges,

cancel or suspend any feature on your Account,

require you to pay more than your Minimum Payment Due immediately, and

require you to pay your Account balance immediately.

Qualifications & exceptions

• The remedies are available "to the extent permitted by federal and applicable state law".

Charges & Financial Obligations · Restriction or exception

You agree to pay reasonable collection costs, including attorneys' fees

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

Supporting quotations

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

Qualifications & exceptions

• The costs must be reasonable.

Account & Service Control · Permission or license

American Express may cancel or suspend the Account or features at any time for any reason, and you still owe all charges

American Express may, at any time and for any reason, cancel the Account, suspend your ability to make charges, or cancel or suspend any feature on the Account. If it does any of these, you must still pay for all charges under the terms of the Agreement. If it later agrees to reinstate the Account, it may reinstate any additional Cards issued on the Account and charge you any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

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

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

Qualifications & exceptions

• The right is stated without a required reason or advance notice.

Not stated here

• The passage does not state the amount of the reinstatement fee; the fees list in Part 1 gives $25 for Account Re-opening.

Account & Service Control · User right or choice

You can close the Account by calling or writing; the Annual Fee is refunded only if you close within 30 days

You may close the Account by calling or writing to American Express. If an Annual Fee applies, it will refund the fee if you notify it that you are voluntarily closing the Account within 30 days after the Closing Date of the billing statement on which the fee appears. For cancellations after that 30-day period, the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts at the time you close the Account, this policy does not apply to you. If the Account is cancelled and American Express re-opens it at your request, it may charge a $25 fee.

Supporting quotations

You may close your Account by calling us or writing to us. If an Annual Fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after this 30-day period, the Annual Fee is non-refundable.

If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.

If your account is cancelled and we re-open it at your request, we may charge you a $25 fee.

Qualifications & exceptions

• The refund depends on voluntary closure and notice within 30 days after the Closing Date of the statement on which the fee appears.
• The Massachusetts billing address exception removes this refund policy for those Card Members.
• The $25 re-opening fee is worded here as something American Express "may charge"; the Part 1 fees list states $25 under stated conditions.

Not stated here

• For Massachusetts billing addresses the passage says the policy does not apply, but this passage does not say what applies instead.

Use & Processing · Permission or license

Paying by check authorizes a one-time electronic transfer, possibly the same day, and the check is not returned

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

Supporting quotations

When you pay us by check; permission for electronic debit: When you pay us by check, you authorize us to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account.

When we do this, your payment may be withdrawn from your bank or other asset account as soon as the same day we receive your check, and you will not receive that check back from your bank or financial institution. In certain circumstances, we may process your payment as a check transaction.

Qualifications & exceptions

• The authorization applies when you pay by check.

Not stated here

• The passage does not say which circumstances lead to processing as a check transaction.