American Express Cash Magnet® Card Agreement

American Express · Official agreement

Read the agreement

29 of 103 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

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

This Card Member Agreement (Part 1 of 3) for the American Express Cash Magnet Card states 'As of: 06/30/2026' and names American Express National Bank as the issuer. In the agreement, 'we', 'us' and 'our' mean the issuer shown on page 1 of Part 1, so the obligations and rights described as ours are those of American Express National Bank.

Details
Who
American Express National Bank (the issuer)
When
As of 06/30/2026

Supporting quotations

As of: 06/30/2026 Issuer: American Express National Bank
We, us, and our mean the issuer shown on page 1 of Part 1.

Qualifications & exceptions

  • The date is labelled 'As of' and is not described in this part as an effective date for any particular Account.

Not stated here

  • The saved text does not say whether or when this version takes effect for an existing Account.

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 through your online account or by calling the number on the back of your Card.

Details
What it does
Request a copy through your online account or by phone

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.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Context

Using the Account, or signing or keeping the Card, accepts the Agreement; you can cancel before use

The Card Member Agreement is Part 1, this Part 2, Part 3 and any supplements or amendments. When you use the Account (or you sign or keep the Card), you agree to its terms. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees. You can request a copy of the Agreement through your online account or by phone.

Details
Condition
Use the Account, or sign or keep the Card
Exception
Cancel without fees if the Account is unused and no payment made after receiving a billing statement

Supporting quotations

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.
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 cancellation right as written depends on not having used the Account or made a payment after receiving a billing statement.

Not stated here

  • The source does not say what counts as 'use' of the Account beyond the wording quoted, or how the cancellation is to be made.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Permission or license

The issuer may change the Agreement subject to applicable law; the written Agreement cannot be changed orally

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

Details
Who
The issuer
Condition
Subject to applicable law

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.

Not stated here

  • This section does not say how or when notice of a change is given; Part 3 describes how notices are sent.

Legal Rights & Agreement Rules · Context

Key defined terms: charge, purchase, balance transfer, person-to-person transaction, plan and who 'you' is

'You' means the person who applied for the Account and for whom it was opened (the Basic or Primary Card Member); an Additional Card Member may be given a Card on request. A charge is any amount added to the Account, including purchases, cash advances, balance transfers, fees and interest. A purchase is a charge for goods, services or person-to-person 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 to add funds to an Amex Send account. A plan is a portion of the balance you select to pay over time in a set number of monthly payments using Plan It.

Details
Who
The Basic or Primary Card Member

Supporting quotations

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.
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
A balance transfer is a charge to pay an amount you owe on another credit card 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.

Legal Rights & Agreement Rules · Context

Federal law limits the cost of consumer credit to Armed Forces members and dependents to a 36 percent annual rate

The agreement states that federal law protects members of the Armed Forces and their dependents. In general, the cost of consumer credit to such a person may not exceed an annual percentage rate of 36 percent, and that rate must include, as applicable to the transaction or Account, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (other than certain application fees) and any participation fee (other than certain participation fees for a credit Card Account).

Details
Where
United States federal law

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).

Not stated here

  • The agreement does not say which specific rates or fees on this Account the 36 percent limit would affect.

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are outside the arbitration provision, though they may elect arbitration

The issuer provides a phone number (855-531-0379) for hearing the Military Lending Act statement and a description of your payment obligation. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section will not apply to you in connection with this Account. The next sentence adds 'However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.' The text does not say in so many words whether the issuer may itself require arbitration of a covered borrower's claim, and this analysis does not infer that.

Details
Condition
You are a covered borrower under the Military Lending Act
Exception
Covered borrower may still elect arbitration

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 arbitration terms themselves are in the Claims Resolution section.

Not stated here

  • Whether the issuer may require arbitration against a covered borrower is not stated; the source says the Arbitration provision 'will not apply to you' and separately that the issuer will comply if you elect arbitration.

Legal Rights & Agreement Rules · Company practice

If the issuer credits a disputed charge, you transfer your claims against the merchant to it and may not pursue them

If you dispute a charge with a merchant, the issuer may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to the issuer all rights and claims (excluding tort claims) against the merchant, agree not to pursue any claim against the merchant for the credited amount, and must cooperate if the issuer decides to pursue it.

Details
Condition
The issuer credits all or part of a disputed charge

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

  • Tort claims are excluded from the assignment.

Not stated here

  • This section does not set out the process for disputing a charge or when a credit will be given.

Legal Rights & Agreement Rules · Procedure

To challenge information given to a credit reporting agency, write to the issuer's Credit Bureau Unit

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

Details
What it does
Write to the Credit Bureau Unit stating the specific information believed incorrect

Supporting quotations

If you believe information we have given to a credit reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the specific information you believe is incorrect.

Legal Rights & Agreement Rules · Permission or license

The issuer may sell or assign the Agreement and Account without notice; you may not

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

Details
When
At any time, without notice

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.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

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

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

Details
Who
The issuer

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.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement; Maryland residents have a specific statutory election

Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. The issuer states it entered into the Agreement with you in Utah, where it is located and holds your Account. For Maryland residents (a Maryland billing address), the issuer elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to the Account.

Details
Where
Utah and federal law; Maryland billing address

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 Commercial Law Article is not supplied, so what that election means in practice is not stated.

Legal Rights & Agreement Rules · User right or choice

Disputes may go to mediation, arbitration or litigation; you may reject arbitration within 45 days of first purchase

The Claims Resolution section says most concerns can be resolved by calling Customer Service. If Customer Service cannot resolve a complaint to your satisfaction, the section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase; the mechanics are in 'Your Right to Reject Arbitration'.

Details
When
Within 45 days after your first Card purchase
What it does
Reject the arbitration provision by written notice

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 rejection notice must be in writing and meet the content and signature requirements in 'Your Right to Reject Arbitration'.
  • Military Lending Act covered borrowers are separately outside the arbitration provision (see the covered-borrower card).
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Context

'Claim' covers almost any dispute with the issuer, affiliates or third parties; 'you and us' includes related entities

For the Claims Resolution section, 'you' and 'us' include any corporate parents, subsidiaries, affiliates or related persons or entities. A Claim means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with the issuer, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements or its balances, advertisements, promotions or statements about accounts, goods or services financed, benefits and services related to Card Membership (including rewards programs), and your application for any account. You may not sell, assign or transfer a claim.

Details
What it covers
Any current or future claim, dispute or controversy relating to the Account, the Agreement or any relationship with the issuer
Exception
Validity, enforceability or scope of the Arbitration provision

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

  • Validity, enforceability and scope of the Arbitration provision itself are carved out of the definition of Claim.

Not stated here

  • The source does not say who decides questions about the validity, enforceability or scope of the Arbitration provision.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, each side must send a written claim notice stating the relief demanded

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

Details
Condition
Before beginning a lawsuit, mediation or arbitration
What it does
Send a written claim notice describing the claim and the specific relief demanded

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.

Not stated here

  • The source does not state how long the parties must wait after a claim notice before starting a lawsuit or arbitration.

Legal Rights & Agreement Rules · Procedure

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

In mediation a neutral mediator helps the parties resolve a claim but does not decide it. Before mediation, you or the issuer must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or the issuer may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. The issuer will pay the fees of the mediator.

Details
When
Within 30 days after sending or receiving a claim notice

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.

Not stated here

  • Whether you or the issuer pay other mediation costs (for example your own lawyers) is not stated.

Legal Rights & Agreement Rules · Company commitment

Mediation communications are confidential and time limits are paused from the claim notice until mediation ends

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 the mediation ends. Either side may end the mediation at any time. Submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

Details
When
From the date the claim notice is sent until the mediation terminates

Supporting quotations

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.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, replacing court, jury and class claims, with a small-claims exception

You or the issuer may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If a party chooses arbitration, neither you nor the issuer has the right to litigate that claim in court or have a jury trial on it, or to take part in a representative capacity or as a class member for any claim subject to arbitration. Procedures are generally simpler than in court and discovery is more limited. The arbitrator's authority is limited to claims between you and the issuer alone, claims may not be joined or consolidated unless both agree in writing, and an award applies only to that case. The arbitrator's decisions are as enforceable as a court order and subject to very limited court review, and, except as set out in the appeal provisions, the decision is final and binding. Other rights you or the issuer would have in court may also not be available. The issuer will not elect arbitration for a claim you file in small claims court so long as it is individual and pending only in that court; otherwise either side may elect arbitration at any time unless the claim has been filed in court and trial has begun or final judgment has been entered. You may reject the arbitration provision (see the card on rejecting arbitration).

Details
What it does
Elect individual arbitration
Exception
No arbitration election for an individual claim pending only in small claims court
Exception
No class or representative proceedings

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.
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.
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 right to reject arbitration within 45 days and the Military Lending Act covered-borrower exception limit when this provision applies to you.
  • The source says the decision is final and binding 'except as set forth below'; the appeal and fee terms appear in the following packet of the section.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Procedure

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

Before beginning arbitration, you or the issuer must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If the issuer chooses the organization, you may select the other within 30 days after receiving notice of the issuer's selection. Claims may also be referred to another arbitration organization if you and the issuer agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act.

Details
When
Within 30 days after receiving notice of the issuer's selection
Condition
Claim notice first

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).

Not stated here

  • 'You may select the other' is not further explained: the text appears to let you choose the other of JAMS and AAA within 30 days, but it does not say what follows if you do not.
  • The Federal Arbitration Act is cited by name and is not supplied here, so its text is not relied on.

Legal Rights & Agreement Rules · User right or choice

The issuer will not elect arbitration of individual small-claims cases; otherwise it can be elected until trial begins

The issuer will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise, you or the issuer may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing or not exercise rights under the Arbitration provision, including the right to arbitrate, without waiving the right to exercise or enforce them.

Details
Exception
Individual claims pending only in small claims court
When
At any time before trial begins or final judgment is 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. 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 carve-out is stated only for the issuer's election; it applies while the claim is individual and pending only in small claims court.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

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

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.

Details
Condition
Either party elects arbitration

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.
Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

Qualifications & exceptions

  • Whether this limit is enforceable is not addressed here; the next card records what the agreement says happens if it is held invalid.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

If the class and representative limits are held invalid, 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.

Details
Condition
Any portion of the Limitations on Arbitration is deemed invalid or unenforceable

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.

Not stated here

  • The source does not say who decides whether a portion of the Limitations on Arbitration is invalid or unenforceable.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Company practice

Arbitration is governed by the FAA, the arbitrator applies substantive law, and the proceeding is confidential

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and the issuer agree that the arbitration will be confidential, and that 'we' will not disclose the content of the proceeding or its outcome to anyone, but you or the issuer may notify any government authority of the claim as permitted or required by law. At any party's request the arbitrator provides a brief written explanation of the award, and at your election hearings take place in the federal judicial district of your residence.

Details
What it does
Keep the arbitration confidential, except notifying government authorities
Where
Federal judicial district of your residence, at your election

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.
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.

Not stated here

  • The sentence 'You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone' uses 'we', which elsewhere means the issuer; the source does not clearly say whether you are also barred from disclosing beyond the statement that the arbitration will be confidential.
  • The Federal Arbitration Act is cited by name and is not supplied here, so its text is not relied on.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · User right or choice

For claims of $10,000 or less you choose documents only, a telephone hearing or an in-person hearing

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.

Details
Condition
Your claim is for $10,000 or less

Supporting quotations

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing.

Not stated here

  • The source does not say how the $10,000 threshold is measured, for example whether it includes fees or attorneys' fees.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Procedure

Either side may appeal an arbitration award within 35 days to a three-arbitrator panel

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and/or to challenge or appeal an arbitration award under the FAA. To start an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the arbitration organization's appellate rules. Judgment on any award may be entered in any court having jurisdiction.

Details
When
Within 35 days after the award is issued

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.

Not stated here

  • The source does not say who bears the cost of an appeal.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Company commitment

You pay only up to what a court filing would cost; the issuer pays the rest and will consider advancing your share

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

Details
Condition
Your share capped at the filing fee you would have paid in court

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.

Not stated here

  • The agreement does not say whether the issuer will grant a request for a temporary advance; it commits only to consider one in good faith.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company commitment

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

If the arbitrator rules in your favor for an amount greater than any final offer the issuer made before the final hearing in arbitration, the arbitrator's award 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.

Details
Condition
Arbitrator rules for you for more than the issuer's final pre-hearing offer

Supporting quotations

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

Qualifications & exceptions

  • The $5,000 floor applies only when the award exceeds the issuer's final offer made before the final hearing.

Not stated here

  • The source does not say what happens if the issuer made no final offer.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · User right or choice

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

You may reject the Arbitration provision by mailing a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). It must be mailed within 45 days after your first Card purchase, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature; no one else may sign it. If the notice complies, the Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejecting does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or any other benefit, product or service.

Details
When
Mailed within 45 days after your first Card purchase
Exception
Corporate Card accounts and claims in pending litigation or arbitration

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

  • Rejection also switches off arbitration provisions in your other currently open American Express accounts' agreements, with the stated exceptions.

Not stated here

  • The source does not say whether the issuer confirms receipt of a rejection notice.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives account termination, payoff, collection, bankruptcy and sale, and is severable

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

Details
When
Survives termination, payoff, collection proceedings, bankruptcy and sale of the Account

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 general severability sentence does not apply to the Limitations on Arbitration subsection, which has its own rule.
Also annotated in the same passage (2)