Delta SkyMiles® Platinum American Express Card Agreement

Legal Rights & Agreement Rules · Context

Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement

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.

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.

Legal Rights & Agreement Rules · Restriction or exception

American Express is not responsible for miles after crediting or for Delta's actions on your SkyMiles account

American Express is not responsible for miles after they are credited to your SkyMiles account, and it is not responsible for the actions of Delta on your SkyMiles account.

Supporting quotations

We are not responsible for miles after they are credited to your SkyMiles account. We are also not responsible for the actions of Delta on your SkyMiles account.

Legal Rights & Agreement Rules · Context

Part 2 joins Parts 1 and 3 as the Agreement; using or keeping the Card means you agree to it

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

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.

Qualifications & exceptions

• Acceptance is tied to use, signing or keeping the Card.

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 this 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 subject to applicable law.

Not stated here

• This paragraph does not state how or when changes are communicated or how much notice is given; the supplied text does not say.

Legal Rights & Agreement Rules · Context

Defined terms: "we" is the issuer, "you" is the applicant (Basic or Primary Card Member), "Card" is any access device

"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 it, referred to as 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 American Express issues to access your 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

• These definitions control how "we", "you" and "Card" are read throughout Parts 1 to 3.

Legal Rights & Agreement Rules · Context

Defined terms: charge, purchase, cash advance, balance transfer, person-to-person transaction, plan and "to pay by"

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. A balance transfer is a charge to pay an amount you owe on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex Send 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. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period it covers.

Supporting quotations

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. A balance transfer is a charge to pay an amount you owe on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account. A plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• In this Agreement a "purchase" includes a charge for person-to-person transactions, while the reward program separately excludes person-to-person transactions from eligible purchases.
• "To pay by a certain date" means the payment must be received and credited by that date.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act notice: 36 percent annual rate limit for covered borrowers, and arbitration does not apply to them

The Agreement states that federal law gives members of the Armed Forces and their dependents protections for consumer credit, and that in general the cost of consumer credit to such a person may not exceed an annual percentage rate of 36 percent. The rate must include, as applicable, credit insurance premiums, fees for ancillary products sold 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). You can call 855-531-0379 to listen to this 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; however, if you elect arbitration, American Express will comply with its obligations under the Claims Resolution section.

Supporting quotations

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

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379. 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 36 percent statement is introduced with "In general".
• The arbitration exception applies to covered borrowers under the Military Lending Act.

Not stated here

• The source does not say how "covered borrower" status is established, and this card does not say whether any rate or fee on this Card is above or below the 36 percent measure.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, giving up court, jury and class participation for that claim — For covered borrowers under the Military Lending Act the Arbitration provision does not apply, although American Express will comply with its obligations if the borrower elects arbitration.

Legal Rights & Agreement Rules · Permission or license

American Express may transfer the Agreement and your Account without telling you; you may not

American Express may sell, transfer or assign the Agreement and your Account, and may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement. American Express may choose to delay enforcing or not exercise rights under the Agreement without waiving the right to exercise or enforce them on any other occasion.

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

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement; Maryland 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 source says American Express entered into the Agreement with you in Utah, where it is located and holds your Account. For Maryland residents, if your Account has a Maryland billing address, American Express elects 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.

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 is conditioned on a Maryland billing address and applies "to the extent, if any, that Maryland law applies".

Legal Rights & Agreement Rules · Context

Claims Resolution: call Customer Service first; then mediation, arbitration or litigation, with a 45-day opt-out

Most customer concerns can be resolved by calling the Customer Service Department at the number listed on the back of your Card. If it cannot resolve a complaint to your satisfaction, the Claims Resolution 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 American Express written notice within 45 days after your 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 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.

Qualifications & exceptions

• The right to reject arbitration is time-limited: within 45 days after your first Card purchase.
• The rejection requirements are in "Your Right to Reject Arbitration" (carded with the arbitration rejection card).

Legal Rights & Agreement Rules · Context

"Claim" is defined very broadly and reaches affiliates, third parties and rewards programs

For this 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 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 or their 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 your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and

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

Qualifications & exceptions

• The definition lists examples with "includes but is not limited to".
• The validity, enforceability or scope of the Arbitration provision is carved out of the definition.

Legal Rights & Agreement Rules · Procedure

Before suing or starting mediation or arbitration, both sides send a written claim notice

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written notice (a claim notice) to each party against whom a claim is asserted, to give 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 American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules. A sample claim notice is available at americanexpress.com/claim.

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 claim notice is required before a lawsuit as well as before mediation or arbitration.

Not stated here

• The sample claim notice at americanexpress.com/claim is referred to but not supplied here.

Legal Rights & Agreement Rules · Procedure

Mediation: either side may submit to JAMS or AAA within 30 days of the claim notice; American Express pays

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

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.

Qualifications & exceptions

• The 30-day window runs from sending or receiving the claim notice.

Legal Rights & Agreement Rules · Procedure

Mediation is confidential, pauses limitation periods, and either side may stop it without losing the right to arbitrate

All 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 termination of the mediation. Either you or American Express may terminate the mediation at any time. Submitting or failing to submit a claim to mediation does not affect your or American Express's right to elect arbitration.

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.

Qualifications & exceptions

• Tolling runs from the date the claim notice is sent until the mediation ends.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, giving up court, jury and class participation for that claim

You or American Express may elect to resolve any claim by individual arbitration, and claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor American Express will have the right to litigate that claim in court or have a jury trial on it, or 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 court rules and discovery is more limited. The arbitrator's authority is limited to claims between you and American Express alone, and claims may not be joined or consolidated unless both agree in writing. An award applies only to the specific case. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding, and other rights you or American Express would have in court may also not be available in arbitration. The source sets out limits and exceptions to this election: American Express will not elect arbitration for an individual small-claims-court claim pending only in that court; you may reject the arbitration provision within 45 days after your first Card purchase; a party may appeal an award to a three-arbitrator panel by giving written notice within 35 days after the award; and, for covered borrowers under the Military Lending Act, the Arbitration provision will not apply (although if the borrower elects arbitration, American Express will comply with its obligations).

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.

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

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.

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 election is available to either party ("You or we may elect").
• Exceptions: small claims court (individual claims pending only there), the 45-day rejection right, the appeal procedure, and the Military Lending Act covered-borrower statement.

Cross-references

• has exception (model-proposed): Military Lending Act notice: 36 percent annual rate limit for covered borrowers, and arbitration does not apply to them — For covered borrowers under the Military Lending Act the Arbitration provision does not apply, although American Express will comply with its obligations if the borrower elects arbitration.
• has exception (model-proposed): Small-claims exception, and the timing window for electing arbitration — American Express will not elect arbitration for an individual claim filed in small claims court and pending only there, an exception to the general election right.
• qualified by (model-proposed): Either party may appeal an arbitration award to a three-arbitrator panel within 35 days — The arbitration election card says the arbitrator's decision is final and binding "Except as set forth below"; the appeal procedure is that qualification.
• has exception (model-proposed): You may reject arbitration by mailing a signed notice within 45 days of your first Card purchase — The 45-day written rejection right limits the arbitration election: if a compliant rejection is sent, the Arbitration provision does not apply.

Legal Rights & Agreement Rules · Procedure

Arbitration follows a claim notice, with JAMS or AAA 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 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. 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's rules apply except where they conflict with the Agreement.
• The Federal Arbitration Act reference is quoted as written; the statute's text is not supplied.

Not stated here

• The text of the Federal Arbitration Act and the JAMS and AAA rules is not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

Small-claims exception, and the timing window for electing arbitration

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

Supporting quotations

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

Qualifications & exceptions

• The small-claims exception requires that the claim be individual and pending only in small claims court.
• The right to elect ends once a court trial has begun or a final judgment has been entered.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, giving up court, jury and class participation for that claim — American Express will not elect arbitration for an individual claim filed in small claims court and pending only there, an exception to the general election right.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only: no class or representative claims; if that limit fails, the provision falls away

If either party elects arbitration, the claim will be arbitrated on an individual basis. There is no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Supporting quotations

Limitations on Arbitration: If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.

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

Qualifications & exceptions

• The last sentence applies "Notwithstanding any other provision".

Not stated here

• The source does not say what happens to a claim if the Arbitration provision falls away, beyond stating that the provision (other than that sentence) will not apply.

Legal Rights & Agreement Rules · Procedure

Arbitration procedures: FAA governs, court procedure rules do not apply, confidential, hearing choice up to $10,000

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 that 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, arbitration hearings take place in the federal judicial district of your residence.

Supporting quotations

Arbitration Procedures: This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award.

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

Qualifications & exceptions

• The choice of hearing type is for claims of $10,000 or less.
• The hearing location choice is "At your election".
• Confidentiality is stated as an agreement, with an exception for notifying a government authority as permitted or required by law.

Not stated here

• The source does not name the rules of civil procedure or evidence it excludes beyond "federal or state", and the JAMS and AAA rules are not supplied.

Legal Rights & Agreement Rules · User right or choice

Either party may appeal an arbitration award 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 this section and/or to challenge or appeal an arbitration award under 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 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.

Not stated here

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

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, giving up court, jury and class participation for that claim — The arbitration election card says the arbitrator's decision is final and binding "Except as set forth below"; the appeal procedure is that qualification.

Legal Rights & Agreement Rules · Company commitment

Arbitration fees: you pay up to a court filing fee; American Express pays the rest and a minimum $5,000 award can apply

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

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

• Your share of fees is capped at the filing fees you would have incurred in court.
• The advance of fees or payment of an expert is something American Express will "consider in good faith" at your written request, not a guarantee.
• The minimum $5,000 award applies only if the arbitrator rules for you for an amount greater than any final offer made before the final hearing.

Not stated here

• The source does not say what the award includes if you win but the amount is not greater than American Express's final offer, beyond the terms stated.

Legal Rights & Agreement Rules · User right or choice

You may reject arbitration by mailing a signed notice within 45 days of your first Card purchase

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

Supporting quotations

Your Right to Reject Arbitration: You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998. Go to americanexpress.com/reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Qualifications & exceptions

• The notice must be mailed within 45 days after your first Card purchase, and must include a personal signature that no one else may provide.
• A compliant rejection also switches off arbitration provisions in your other currently open American Express accounts, with the exceptions listed.

Not stated here

• The sample rejection notice at americanexpress.com/reject is referred to but not supplied here.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, giving up court, jury and class participation for that claim — The 45-day written rejection right limits the arbitration election: if a compliant rejection is sent, the Arbitration provision does not apply.

Legal Rights & Agreement Rules · Restriction or exception

The Claims Resolution section survives account closure, payment, 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; if your Account is sold, its terms apply to the buyer. If any portion of the Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of the section.

Supporting quotations

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

Qualifications & exceptions

• The severability sentence does not apply to the Limitations on Arbitration, which have their own rule (the whole Arbitration provision falls away if they are invalid).