Centurion® Card from American Express Agreement

American Express · Official agreement

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Legal Rights & Agreement Rules · Context

Part 1 is dated 06/30/2026 and names the issuer

This is Part 1 of 3 of the Card Member Agreement for the Centurion® Card. It is stated 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; Parts 2 and 3 follow in the same document.

Details
Who
American Express National Bank, the issuer
When
As of 06/30/2026
What it covers
Centurion® Card Member Agreement, Part 1 of 3

Supporting quotations

Card Member Agreement: Part 1 of 3
As of: 06/30/2026 Issuer: American Express National Bank
Centurion® Card

Qualifications & exceptions

  • The date is given as an 'As of' date; no separate effective date is stated in this part.

Legal Rights & Agreement Rules · Context

The table points to Consumer Financial Protection Bureau credit card tips

The table directs readers to the website of the Consumer Financial Protection Bureau for credit card tips on what to consider when applying for or using a credit card. It is a pointer to outside information, not a term of the Account.

Details not recorded for this card

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.

Legal Rights & Agreement Rules · User right or choice

Parts 1, 2 and 3 plus supplements make up the Agreement, and you can request a copy

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

Details
What it does
Request a copy of the Agreement online 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 · User right or choice

Using the Account or keeping the Card means you agree; you can cancel before use without fees

Part 2 together with Part 1 and Part 3 make up the Card Member Agreement for the Account identified on page 1 of Part 1, and any supplements or amendments are also part of it. When you use the Account, or sign or keep the Card, you agree to the 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.

Details
What it does
Use the Account, or sign or keep the Card, to accept the Agreement
Condition
Not yet used the Account or made a payment 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.
Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.

Qualifications & exceptions

  • The no-fee cancellation applies only if you have not yet used the Account or made a payment after receiving a billing statement.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement, and oral agreements cannot modify it

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

Details
Who
American Express
What it does
Change the 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 'subject to applicable law'.

Not stated here

  • This Part does not state any notice period, method of notice or right to reject a change.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Context

Federal law generally limits the cost of credit to Armed Forces members and dependents to 36 percent APR

The Military Lending Act statement says federal law gives important protections to members of the Armed Forces and their dependents. 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, costs of credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain ones) and any participation fee (other than certain ones for a credit card account).

Details
Where
United States federal law
What it covers
36 percent APR cost-of-credit limit for covered borrowers

Supporting quotations

Military Lending Act: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee (other than certain participation fees for a credit card account).

Qualifications & exceptions

  • The statement is introduced with 'In general'.
  • Which people and accounts it covers is described by reference to federal law, which the agreement does not reproduce.

Legal Rights & Agreement Rules · Restriction or exception

Covered borrowers under the Military Lending Act are not subject to the Arbitration provision

A covered borrower under the Military Lending Act is not bound by the Arbitration provision of the Claims Resolution section in connection with this Account. If the covered borrower elects arbitration, American Express says it will comply with its obligations under the Claims Resolution section. The statement also gives a number, 855-531-0379, to hear the statement and a description of the payment obligation for the Account.

Details
Condition
The Card Member is a covered borrower under the Military Lending Act
Exception
The Arbitration provision does not apply

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

  • Applies to a covered borrower under the Military Lending Act.
  • If the covered borrower elects arbitration, American Express states it will comply with its obligations under Claims Resolution.

Cross-references

Legal Rights & Agreement Rules · Company practice

Notices are sent by mail, courier or electronically and count as given when mailed or delivered

American Express sends notices by U.S. mail, courier, or electronically using the information in its records. A notice is considered given when it is mailed or delivered electronically.

Details
When
A notice is given when mailed or delivered 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 is considered given on sending, not on receipt.

Legal Rights & Agreement Rules · Restriction or exception

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

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, you assign and transfer to it all rights and claims (excluding tort claims) against the merchant. You agree not to pursue any claim against the merchant for the credited amount and to cooperate with it if it decides to do so.

Details
Condition
American Express credits all or part of a disputed charge
Exception
Tort claims are excluded

Supporting quotations

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

Qualifications & exceptions

  • The assignment applies when American Express credits the Account for the disputed charge, and is limited to the credited amount for pursuing the merchant.
  • Tort claims are excluded from the assignment.

Legal Rights & Agreement Rules · Permission or license

American Express may transfer the Agreement and Account without notice; 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.

Details
Who
American Express
What it does
Sell, transfer or assign the Agreement and Account 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

Delay or non-use of a right does not waive it on another occasion

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

Details not recorded for this card

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 · Company practice

Utah and federal law govern; Maryland billing addresses are offered under Maryland Commercial Law Title 12, Subtitle 9

Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. American Express states it entered into the Agreement with you in Utah, where it is located and holds your Account. For Maryland residents with a Maryland billing address, it 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.

Details
Where
Utah and federal law; Maryland billing addresses under Title 12, Subtitle 9 of the Maryland Commercial Law Article

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 if the Account has a Maryland billing address, and only to the extent Maryland law applies.

Legal Rights & Agreement Rules · User right or choice

Claims Resolution: call Customer Service first; the section includes an arbitration provision you can reject

Most 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 your satisfaction, this 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.

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

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.
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.

Qualifications & exceptions

  • The rejection window is 45 days after the first Card purchase.
  • The rejection must be in writing and meet the requirements in Your Right to Reject Arbitration.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

'Claim' is defined very broadly and 'you and us' includes parents, subsidiaries and affiliates

For the Claims Resolution section, 'you' and 'us' include any corporate parents, subsidiaries, affiliates or related persons or entities. A Claim is any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with 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 accounts created under any of the agreements, advertisements, promotions or statements about accounts, goods or services financed, 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.

Details
What it covers
Any current or future claim, dispute or controversy relating to Accounts, the Agreement or any relationship with American Express
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

  • The list is introduced with 'includes but is not limited to', so it is not exhaustive.
  • The validity, enforceability or scope of the Arbitration provision is excluded from the definition of Claim.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, each side sends a written claim notice describing the claim and relief

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. The notice must describe the claim and state the specific relief demanded. A sample is available at americanexpress.com/claim. 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 goes to arbitration, the amount of relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Details
What it does
Send a written claim notice describing the claim and the 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. Go to americanexpress.com/claim for a sample claim notice. 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 requirement applies before a lawsuit, mediation or arbitration.

Legal Rights & Agreement Rules · Procedure

Mediation: submit within 30 days of a claim notice to JAMS or AAA; American Express pays the mediator

In mediation, a neutral mediator helps parties resolve a claim but does not decide it. Before mediation, you 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 mediator's fees. Mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation are tolled from the date the claim notice is sent until the mediation terminates. Either party may terminate the mediation at any time, and submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

Details
When
Within 30 days after sending or receiving a claim notice
Who
JAMS or the American Arbitration Association (AAA)

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 is submitted by either party within 30 days after a claim notice is sent or received.
  • American Express pays the mediator's fees.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, which replaces court, jury trial and class participation for that claim

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial on it, or to participate in a representative capacity or as a member of any class pertaining to the claim. Procedures are generally simpler than in court, 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 award and any judgment confirming it apply only to the specific case. Decisions are as enforceable as a court order, subject to very limited court review, and except as set forth below are final and binding. Other rights available in court may also not be available in arbitration. American Express will not elect arbitration for a claim you file in small claims court so long as the claim is individual and pending only in that court, and you may reject the arbitration provision within 45 days after your first Card purchase.

Details
Who
You or American Express
What it does
Elect individual arbitration
Exception
Small claims court claims that are individual and pending only in that court

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.
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.

Qualifications & exceptions

  • Either party may elect arbitration.
  • Exception: American Express will not elect arbitration for an individual claim pending only in small claims court.
  • Exception: the Arbitration provision can be rejected in writing within 45 days after the first Card purchase.
  • A separate statement in Part 2 says the Arbitration provision does not apply to a covered borrower under the Military Lending Act.

Cross-references

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 American Express 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 American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims may also be referred to another arbitration organization if you and American Express agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Details
Who
JAMS or AAA, as selected by the party electing arbitration
When
Within 30 days after receiving notice of American Express's selection

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. Contact JAMS or AAA to begin an arbitration or for other information. 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 is selected by the party electing arbitration; if that is American Express, the Card Member may select the other organization within 30 days after notice.
  • The organization's rules apply except where they conflict with the Agreement.

Not stated here

  • The text of the Federal Arbitration Act is not supplied in the Agreement, so this card does not describe what it provides.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration may be elected at any time until trial begins or judgment is entered, except small claims cases

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 side may delay enforcing, or not exercise, rights under the Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Details
Exception
Individual claims filed in and pending only in small claims court
When
Any time unless 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. 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 exception requires the claim to be individual and pending only in that court.
  • The election right ends once trial has begun or final judgment has been entered in a court case.
  • A military-lending statement in Part 2 separately says the Arbitration provision does not apply to a covered borrower under the Military Lending Act.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is on an individual basis; if that limit is 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 claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members, or other persons similarly situated. If any portion of these Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply.

Details
Exception
Class or representative arbitration is not allowed
Condition
Any portion of the Limitations on Arbitration is deemed invalid or unenforceable

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

  • If the Limitations on Arbitration are held invalid or unenforceable in any part, the whole Arbitration provision (apart from that sentence) does not apply, rather than only the invalid part.

Cross-references

Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Procedure

Arbitration procedures: FAA governs, confidentiality, and a hearing format choice for claims of $10,000 or less

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 American Express agree the arbitration will be confidential and that American Express will not disclose the content or outcome of the proceeding to anyone, but either 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 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 your election, hearings take place in the federal judicial district of your residence.

Details
Condition
Claim is for $10,000 or less: choose documents-only, telephonic or in-person
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. 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 hearing-format choice applies only to claims of $10,000 or less.
  • The agreement states that you and American Express agree the arbitration is confidential, while American Express is described as not disclosing the content or outcome; either may notify a government authority as permitted or required by law.
  • The hearing location in the federal judicial district of your residence is at your election.

Not stated here

  • The text of the Federal Arbitration Act is not supplied in the Agreement.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Procedure

An arbitration award can be appealed 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 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 organization appoints a three-arbitrator panel that decides anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Details
When
Appeal notice 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.

Qualifications & exceptions

  • Appeal notice must be given in writing within 35 days after the award is issued.
  • The panel decides anew any aspect objected to, on written submissions.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · User right or choice

You pay arbitration fees only up to the court filing fee; a larger-than-offer award brings at least $5,000 and fees

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 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 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, the 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
Award is greater than any final offer American Express made before the final hearing
What it covers
At least $5,000 plus 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 American Express's final offer made before the final hearing.
  • The advance of fees or expert costs is something American Express will 'consider in good faith', not a promise.

Legal Rights & Agreement Rules · User right or choice

Reject arbitration by mailing a signed notice within 45 days of your first Card purchase; it reaches other open Accounts

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998; a sample is at americanexpress.com/reject. The notice must be mailed within 45 days after your first Card purchase, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature. No one else may sign it. If it complies, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for 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 on your Account.

Details
What it does
Mail a signed written rejection notice with name, address and Account number
When
Within 45 days after the 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

  • The notice must be mailed within 45 days after the first Card purchase and signed personally by the Card Member.
  • The effect reaches the Card Member's other currently open American Express Accounts, with two exceptions: Corporate Card Accounts and claims already in pending litigation or arbitration.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

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

The Claims Resolution section survives termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account; in a sale, its terms apply to the buyer. If any portion of the section, other than as 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 statement excludes the Limitations on Arbitration subsection, where invalidity ends the whole Arbitration provision.

Cross-references