Hilton Honors American Express Card Agreement

Legal Rights & Agreement Rules · Context

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

This is Part 1 of 3 of the Card Member Agreement for the Hilton Honors American Express Card. It states an "As of" date of 06/30/2026 and names American Express National Bank as the issuer. Part 1 holds the Rates and Fees Table, the How Rates and Fees Work section and a Supplement describing the card's reward program; Parts 2 and 3 follow in the same document.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Hilton Honors American Express Card

Qualifications & exceptions

• The date is labelled "As of"; the text does not say whether it is an effective date, a publication date or a revision date.
• The rates in the table are shown as Prime Rate plus a margin, some as a range.

Not stated here

• The specific APR margin that applies to any one Card Member's Account is not stated here.

Legal Rights & Agreement Rules · Context

Pointer to Consumer Financial Protection Bureau credit card tips

The Rates and Fees Table includes a line pointing the reader to the Consumer Financial Protection Bureau website for information on factors to consider when applying for or using a credit card. It is an informational pointer to an outside website; it adds no obligation or right for either party.

Supporting quotations

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

Qualifications & exceptions

• The website content is not part of the supplied text.

Legal Rights & Agreement Rules · User right or choice

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

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

Supporting quotations

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

Qualifications & exceptions

• The right to request a copy is exercised through the online account or the phone number on the Card.

Legal Rights & Agreement Rules · Restriction or exception

American Express is not responsible for Points once credited or for Hilton's actions; Hilton terms govern redemption

American Express says it is not responsible for Points after they are credited to the Hilton Honors program account. It is also not responsible for the actions of Hilton on the Card Member's 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 after Points are credited to the Hilton Honors account.
• Redemption and membership are governed by Hilton's own terms.

Not stated here

• The Hilton Honors Terms and Conditions were not supplied and are not analyzed here.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement, subject to applicable law; oral changes do not count

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 is stated as "may" and is limited only by "applicable law".
• Oral statements cannot modify or amend the written Agreement.

Not stated here

• This paragraph states no notice period or method for changes; whether another section of the Agreement adds one is for that section to say.

Legal Rights & Agreement Rules · Context

Who "we", "you", the Basic or Primary Card Member, an Additional Card Member and a Card mean

We, us and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for the Account and for whom American Express opened the Account, referred to as the Basic or Primary Card Member. The Card Member may request a Card for an Additional Card Member. Card means any American Express Card or other device that American Express issues to access the Account.

Supporting quotations

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

Qualifications & exceptions

• "You" is the person who applied for the Account, not an Additional Card Member.

Legal Rights & Agreement Rules · User right or choice

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

The agreement says 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).

Supporting quotations

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

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

Qualifications & exceptions

• The limit is stated "in general" and the listed cost components apply "as applicable".
• Certain application and participation fees are excluded as described in the parentheses.

Not stated here

• Which application or participation fees are excluded is not specified in the text.
• The text does not compare this Card's APRs with the 36 percent figure.

Legal Rights & Agreement Rules · User right or choice

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

To listen to the Military Lending Act statement and a description of the payment obligation for the Account, the Card Member can call 855-531-0379. A covered borrower under the Military Lending Act is not subject to the Arbitration provision of the Claims Resolution section in connection with this Account. If the covered borrower elects arbitration, American Express will comply with its obligations under the Claims Resolution section.

Supporting quotations

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

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

Qualifications & exceptions

• The exemption applies to a covered borrower under the Military Lending Act.
• A covered borrower may still elect arbitration and American Express will comply with its obligations.

Not stated here

• The Claims Resolution section is carded separately; how a covered borrower's election works is described there, not here.
• "Covered borrower" is not defined in this paragraph.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration of any claim, decided by a neutral arbitrator — The Military Lending Act paragraph states that the Arbitration provision does not apply to a covered borrower, although a covered borrower may elect arbitration, which qualifies the general right of either party to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If a disputed charge is credited, the Card Member assigns merchant claims (except tort claims) to American Express

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

Supporting quotations

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

Qualifications & exceptions

• The assignment applies only when American Express credits the Account for the disputed charge.
• Tort claims are excluded from the assignment.
• The Card Member may not pursue a claim against the merchant for the credited amount.

Not stated here

• Crediting a disputed charge is at American Express's option ("may credit"); the process for requesting a dispute is not described here.
• "If we decide to do so" is read with the preceding sentences; the text does not say precisely what American Express decides to do.

Legal Rights & Agreement Rules · Permission or license

American Express may sell or assign the Agreement and Account without notice; the Card Member may not

American Express may sell, transfer or assign the Agreement and the Account, and may do so at any time without notifying the Card Member. The Card Member may not sell, assign or transfer the Account or any of the Card Member's 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 permission runs one way: American Express may assign; the Card Member may not.

Legal Rights & Agreement Rules · Restriction or exception

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

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

Supporting quotations

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

Qualifications & exceptions

• The statement is about American Express's rights under the Agreement.

Legal Rights & Agreement Rules · Context

Utah law and federal law govern the Agreement; Maryland billing addresses carry a specific election

Utah law and federal law govern the Agreement and the Account without regard to internal principles of conflicts of law. American Express states that it entered into the Agreement with the Card Member in Utah, where it is located and holds the Account. For Maryland residents, if the Account has a Maryland billing address, American Express elects to offer the Account 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, if any, that Maryland law applies.

Not stated here

• The Maryland statute is not supplied, so what the election changes for a Maryland Card Member is not described here.

Legal Rights & Agreement Rules · Procedure

Disputes go from Customer Service to mediation, arbitration or litigation; arbitration can be rejected in 45 days

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

Supporting quotations

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

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

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

Qualifications & exceptions

• The right to reject the arbitration provision is time-limited to 45 days after the first Card purchase.

Not stated here

• The overview does not describe the rejection steps; they are in the Your Right to Reject Arbitration paragraph.

Cross-references

• refers to (model-proposed): The Card Member can reject arbitration by mailing a signed notice within 45 days after the first Card purchase — The overview tells the reader to see Your Right to Reject Arbitration for how the arbitration provision may be rejected within 45 days after the first Card purchase.

Legal Rights & Agreement Rules · Context

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

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. The definition therefore reaches beyond the Card Member and the issuer named on page 1 of Part 1.

Supporting quotations

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

Qualifications & exceptions

• The wider meaning applies only within the Claims Resolution section.

Not stated here

• The text does not list which entities count as the Card Member's related persons or entities.

Legal Rights & Agreement Rules · Context

A "Claim" is any current or future dispute relating to the Account or the Agreement, with a long non-exhaustive list

Claim means any current or future claim, dispute or controversy relating to the Account(s), the Agreement, or any agreement or relationship the Card Member has or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes but is not limited to initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims that arise from or relate to any account created under any of the agreements or its balances, advertisements, promotions or statements about accounts, goods or services financed under accounts or terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and the Card Member's application for any account. The Card Member may not sell, assign or transfer a claim.

Supporting quotations

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

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

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

Qualifications & exceptions

• The definition is broad ("includes but is not limited to") and covers past, current and future matters.
• Questions of the validity, enforceability or scope of the Arbitration provision are excluded from the definition of Claim.

Not stated here

• The text does not say who decides the validity, enforceability or scope of the Arbitration provision, which the definition leaves out of "Claim".

Legal Rights & Agreement Rules · Procedure

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

Before beginning a lawsuit, mediation or arbitration, the Card Member and American Express agree to send a written notice (a claim notice) to each party against whom a claim is asserted, to provide an opportunity to resolve the claim informally or through mediation. A sample claim notice is available at americanexpress.com/claim. The claim notice must describe the claim and state the specific relief demanded. Notice to the Card Member may be provided by the billing statement or sent to the billing address. Notice to American Express must include the Card Member's name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim 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

• A claim notice is required before a lawsuit, mediation or arbitration.
• Notice to the Card Member may be given through the billing statement or sent to the billing address.
• The amount of relief demanded in the notice is withheld from an arbitrator until after the ruling.

Not stated here

• The text does not say what happens if a party starts a lawsuit without sending a claim notice.
• The time to wait after a notice before starting a lawsuit is not stated in this paragraph.

Legal Rights & Agreement Rules · Procedure

Either side may submit a claim to JAMS or AAA mediation within 30 days of a claim notice; American Express pays

In mediation, a neutral mediator helps the parties resolve a claim without deciding it. Before beginning mediation, the Card Member or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either 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. Applicable statutes of limitation are tolled from the date a claim notice is sent until the mediation ends. Either side may terminate the mediation at any time, and submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

Supporting quotations

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

• Mediation can be started within 30 days after a claim notice is sent or received.
• American Express pays the mediator's fees.
• Statutes of limitation are tolled during the period stated.

Not stated here

• The text does not say what a party may do if the 30-day mediation window passes.

Legal Rights & Agreement Rules · Permission or license

Either side may elect individual arbitration of any claim, decided by a neutral arbitrator

The Card Member or American Express may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.

Supporting quotations

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

Qualifications & exceptions

• Either party may elect arbitration; the Card Member can instead reject the arbitration provision within 45 days after the first Card purchase.
• The Military Lending Act paragraph in Part 2 says the Arbitration provision does not apply to a covered borrower, who may still elect arbitration.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not bound by the Arbitration provision but may elect arbitration — The Military Lending Act paragraph states that the Arbitration provision does not apply to a covered borrower, although a covered borrower may elect arbitration, which qualifies the general right of either party to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If arbitration is chosen, neither side can go to court, have a jury trial or join a class or representative action

If arbitration is chosen by any party, neither the Card Member nor American Express will have the right to litigate that claim in court or have a jury trial on that claim. Neither will 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 adds that other rights a party would have in court may also not be available in arbitration.

Supporting quotations

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.

Other rights you or we would have in court may also not be available in arbitration.

Qualifications & exceptions

• The waiver takes effect when any party chooses arbitration.
• It applies to claims subject to arbitration.

Not stated here

• The "other rights" that may not be available in arbitration are not listed.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration has simpler rules and limited discovery and review; the decision is generally final and binding

The agreement says 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 the Card Member and American Express alone. 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 is final and binding.

Supporting quotations

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.

Qualifications & exceptions

• Court review of an arbitrator's decision is described as very limited.
• The statement "final and binding" is qualified by "Except as set forth below", which refers to the appeal right in the arbitration procedures.

Not stated here

• The text does not say which later passage "set forth below" refers to beyond the arbitration procedures and appeal provisions carded separately.

Legal Rights & Agreement Rules · Procedure

Arbitration starts with a claim notice and goes to JAMS or AAA, chosen by the party electing it

Before beginning arbitration, the Card Member 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, and are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If American Express chooses the organization, the Card Member may select the other within 30 days after receiving notice of the selection. Claims may also be referred to another arbitration organization if both 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 Agreement prevails where the organization's rules conflict with it.
• The organization's rules in effect when the claim is filed apply.

Not stated here

• The Federal Arbitration Act is an external statute and is not supplied here; the card does not describe its contents.
• The text does not say what happens if the Card Member does not select within the 30 days.

Legal Rights & Agreement Rules · Restriction or exception

American Express will not elect arbitration for an individual small claims case; otherwise any time before trial

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

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.

Qualifications & exceptions

• The small claims commitment applies to claims the Card Member files, that are individual, and are pending only in that court.
• Arbitration may otherwise be elected at any time until a court trial has begun or final judgment has been entered.

Not stated here

• The text does not say whether the Card Member could still elect arbitration of a small claims case.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not using the right to arbitrate does not waive it

Either the Card Member or American Express 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

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

• Applies to both the Card Member and American Express.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only: no class or representative claims for the public or other Card Members

If either party elects to resolve a claim by 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.

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.

Qualifications & exceptions

• Applies when either party elects arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If part of the Limitations on Arbitration is held invalid or unenforceable, the whole Arbitration provision falls away

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

Supporting quotations

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

Qualifications & exceptions

• The consequence is that the whole Arbitration provision, not just the invalid portion, stops applying.
• The right to appeal such a decision is preserved.

Not stated here

• The text does not say who decides that a portion is invalid or unenforceable.
• The later continuation paragraph states a different severability rule for the rest of the Claims Resolution section, "except as otherwise provided in the Limitations on Arbitration subsection".

Cross-references

• exception to (model-proposed): The Claims Resolution section survives account termination, payoff, debt collection, bankruptcy and sale of the Account — The continuation paragraph says an invalid portion of the Claims Resolution section does not invalidate the rest, except as provided in the Limitations on Arbitration subsection, where an invalid portion removes the entire Arbitration provision.

Legal Rights & Agreement Rules · Procedure

The FAA governs arbitration; the arbitrator applies substantive law; hearings can be in the Card Member's district

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration is confidential: the Card Member and American Express agree not to disclose the content of the proceeding or its outcome to anyone, but either may notify any government authority of the claim as permitted or required by law. If the claim is for $10,000 or less, the Card Member may choose whether the arbitration is conducted solely on documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator provides a brief written explanation of the award. At the Card Member's election, hearings take place in the federal judicial district of the Card Member's 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

• Confidentiality applies to the content of the proceeding and its outcome, with an exception for notifying a government authority as permitted or required by law.
• The choice of hearing format is for claims of $10,000 or less.
• The hearing location is at the Card Member's election.

Not stated here

• The Federal Arbitration Act is an external statute and is not supplied here.

Legal Rights & Agreement Rules · Procedure

An award is final and binding but may 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 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 award is issued. The arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise proceeds under the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Supporting quotations

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

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

Qualifications & exceptions

• The appeal must be started in writing within 35 days after the award is issued.
• The panel decides anew any aspect of the decision objected to, on written submissions.

Legal Rights & Agreement Rules · Procedure

The Card Member pays arbitration fees only up to what a court filing would cost; American Express pays the rest

The Card Member is responsible for paying a share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees the Card Member would have incurred if the claim had been brought in court. American Express is responsible for any additional arbitration fees. At the Card Member's written request, American Express will consider in good faith making a temporary advance of the Card Member's share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Supporting quotations

Arbitration Fees and Costs: You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees.

At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Qualifications & exceptions

• The Card Member's share is capped at the filing fees the Card Member would have incurred in court.
• American Express only commits to consider in good faith an advance or expert-fee payment on written request; it does not promise it.

Not stated here

• The amount of court filing fees is not stated.

Legal Rights & Agreement Rules · User right or choice

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

If the arbitrator rules in the Card Member's favor for an amount greater than any final offer American Express made before the final hearing in arbitration, the arbitrator's award will include (1) any money to which the Card Member is entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

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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 additional award applies only when the arbitrator rules for the Card Member for an amount greater than any final offer American Express made before the final hearing.

Not stated here

• The text does not say whether the $5,000 floor applies when no final offer was made.

Legal Rights & Agreement Rules · User right or choice

The Card Member can reject arbitration by mailing a signed notice within 45 days after the first Card purchase

The Card Member 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 the first Card purchase, must state that the Card Member rejects the Arbitration provision, and must include the name, address, Account number and personal signature. No one else may sign it. If the notice complies, the Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts the Card Member has will not apply, except for Corporate Card accounts and any claims subject to pending litigation or arbitration when the notice is sent. Rejection does not affect the Card Member's other rights or responsibilities under the Claims Resolution section or the Agreement, or the ability to use the Card or any other benefit, product or service.

Supporting quotations

Your Right to Reject Arbitration: You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998. Go to americanexpress.com/reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice.

Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Qualifications & exceptions

• The notice must be mailed within 45 days after the first Card purchase and must be signed personally by the Card Member.
• A compliant rejection also disapplies arbitration provisions in the Card Member agreements for the Card Member's other currently open American Express accounts, except Corporate Card accounts and claims in pending litigation or arbitration.

Not stated here

• The text does not say what happens to a notice that is mailed on time but fails one of the stated requirements.

Cross-references

• referred to by (model-proposed): Disputes go from Customer Service to mediation, arbitration or litigation; arbitration can be rejected in 45 days — The overview tells the reader to see Your Right to Reject Arbitration for how the arbitration provision may be rejected within 45 days after the first Card purchase.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives account termination, payoff, debt 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 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 that section.

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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 section's terms apply to a buyer of the Account.
• The severability rule has an exception for the Limitations on Arbitration subsection, under which an invalid portion removes the whole Arbitration provision.

Cross-references

• has exception (model-proposed): If part of the Limitations on Arbitration is held invalid or unenforceable, the whole Arbitration provision falls away — The continuation paragraph says an invalid portion of the Claims Resolution section does not invalidate the rest, except as provided in the Limitations on Arbitration subsection, where an invalid portion removes the entire Arbitration provision.