Delta SkyMiles® Platinum American Express Card Agreement

American Express · Official agreement

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Account & Service Control · Context

Part 1 of the Delta SkyMiles Platinum Card Member Agreement, as of 06/30/2026

This is Part 1 of 3 of the Card Member Agreement for the Delta SkyMiles Platinum American Express Card. It is marked "As of: 06/30/2026" and names American Express National Bank as the issuer. Part 1 holds the Rates and Fees Table and the explanations of how the rates and fees work.

Details
Who
American Express National Bank (issuer)
What it covers
Delta SkyMiles® Platinum American Express Card
When
As of 06/30/2026

Supporting quotations

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

Qualifications & exceptions

  • The only date the source gives for this part is the "As of" date; it does not state a separate effective date or name a successor version.

Charges & Financial Obligations · Company practice

Purchase APR is variable: Prime Rate plus 12.74% to Prime Rate plus 21.74%

The Annual Percentage Rate for purchases is shown as Prime Rate + 12.74% to Prime Rate + 21.74%, and the table says it is a variable APR. It changes as the Prime Rate changes (see the cards on variable rates), and the agreement says variable APRs will not exceed 29.99%.

Details
What it covers
Purchase APR: Prime Rate + 12.74% to Prime Rate + 21.74%, variable
Exception
Variable APRs capped at 29.99%

Supporting quotations

Annual Percentage Rate (APR) for Purchases | Prime Rate + 12.74% to Prime Rate + 21.74% This is a variable APR. See Explanation of Variable Rates below.
Variable APRs will not exceed 29.99%.

Qualifications & exceptions

  • The rate is given as a range, not a single number.
  • The cap statement reads "Variable APRs will not exceed 29.99%".

Not stated here

  • The agreement does not say which rate within the range applies to a particular Card Member or what factors decide it.
  • This agreement does not state the current Prime Rate value or the resulting numeric APR, and this card does not compute them.

Cross-references

Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Cash advances: variable APR of Prime Rate plus 21.99%, interest from the transaction date

The APR for cash advances is Prime Rate + 21.99%, and the table says it is a variable APR. The table also says interest on cash advances begins to be charged on the transaction date.

Details
What it covers
Cash advance APR: Prime Rate + 21.99%, variable
When
Interest charged from the transaction date

Supporting quotations

APR for Cash Advances | Prime Rate + 21.99% This is a variable APR. See Explanation of Variable Rates below.
We will begin charging interest on cash advances on the transaction date.

Qualifications & exceptions

  • Cash advances are separate from purchases: the table's statement about not charging interest if you pay in full is written for purchases only.

Not stated here

  • This agreement does not state the current Prime Rate value or the resulting numeric APR.
Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

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

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

Details
Who
American Express
Condition
You do not pay at least the Minimum Payment Due by the Payment Due Date, or your payment is returned by your bank
What it covers
New Transactions
When
At least 6 months, reviewed every 6 months

Supporting quotations

Penalty APR and When it Applies | Prime Rate + 26.74% This is a variable APR. See Explanation of Variable Rates below. We have the right to apply the Penalty APR to new Transactions if: • you do not pay at least the Minimum Payment Due by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.
How Long Will the Penalty APR Apply? If the penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed.

Qualifications & exceptions

  • It is a right to apply the Penalty APR to new Transactions; the source does not say it applies automatically.
  • For a returned payment the source says "we will notify you if we do".

Not stated here

  • The source does not say how or when American Express notifies you, or what exactly counts as a "new Transaction" for this purpose.
  • The source does not say whether the 29.99% statement about variable APRs changes how the Penalty APR is applied.

Cross-references

Charges & Financial Obligations · Company practice

Variable APRs rise with the Prime Rate, from the first day of that billing period, up to 29.99%

The table points to this explanation for every variable APR. If the Prime Rate increases, variable APRs (and the corresponding Daily Periodic Rates) will increase, so you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed. Variable APRs will not exceed 29.99%.

Details
Condition
The Prime Rate increases
When
Effective the first day of the billing period during which the Prime Rate changed
Exception
Variable APRs will not exceed 29.99%

Supporting quotations

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

Qualifications & exceptions

  • The source states the effect of an increase; it states that changes take effect as of the first day of the billing period in which the Prime Rate changed.

Not stated here

  • The text refers to "corresponding DPRs", but the published agreement does not show any Daily Periodic Rate values in Part 1; this card does not compute them.

Cross-references

Also annotated in the same passage (1)

Charges & Financial Obligations · Context

Prime Rate means the highest U.S. Prime Rate in The Wall Street Journal on the Closing Date

For the variable APRs, Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If the Journal does not publish the Prime Rate that day, American Express uses the Prime Rate from the previous day it was published. If the Journal is no longer published or stops publishing the Prime Rate, American Express may use the Prime Rate published in another newspaper of general circulation. The Agreement defines the Closing Date as the last day of the billing period covered by a billing statement.

Details
What it covers
Prime Rate (highest U.S. Prime Rate in The Wall Street Journal)
When
On the Closing Date of the billing period

Supporting quotations

Determining the Prime Rate: Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If The Wall Street Journal does not publish the Prime Rate on that day, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.
The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

  • The fallback to another newspaper is a "may", not a commitment to a particular publication.

Not stated here

  • The source does not name the replacement newspaper.
Also annotated in the same passage (6)

Charges & Financial Obligations · User right or choice

Purchase interest is not charged if you pay your entire balance by the due date

The table says the Due Date is at least 25 days after the close of each billing period. American Express will not charge interest on purchases if you pay your entire balance each month by the due date (or, if you have a plan outstanding, your balance adjusted for plans). A later section states that, with an active plan created through Plan It, you enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Details
Condition
Pay the entire balance (or balance adjusted for plans) by the due date
When
Due Date at least 25 days after the close of each billing period
Exception
Cash advances: interest begins on the transaction date

Supporting quotations

Your Due Date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date.
If you have an active plan created through Plan It, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Qualifications & exceptions

  • This table entry is about purchases; cash advances are treated differently (interest from the transaction date).
  • The detailed Interest Free Period rules appear in the "When We Charge Interest (Grace Period)" section and are carded with that section.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Plan Fee: a fixed finance charge of up to 1.33% a month, charged instead of purchase APR

If you set up a plan, the purchases or amount are added to a plan balance and are subject to a plan fee instead of the APR for purchases. The plan fee is a monthly fee of up to 1.33% of each purchase or amount moved into a plan, based on the plan duration, the APR that would otherwise apply to the purchase, and other factors. It is a fixed finance charge charged each month a plan is active, and its dollar amount is disclosed before you set up a plan.

Details
What it covers
Plan fee: up to 1.33% per month of each purchase or amount in a plan
When
Charged each month a plan is active; amount disclosed before the plan is set up

Supporting quotations

Plan Fee (Fixed Finance Charge) | A monthly fee of up to 1.33% of each purchase or amount moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase, and other factors.
This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan.
When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

Qualifications & exceptions

  • The percentage is a maximum ("up to 1.33%"), set by plan duration, the APR that would otherwise apply and other factors.

Not stated here

  • The source does not list the factors beyond plan duration and the otherwise-applicable APR; "other factors" is not defined.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Annual fee is $350; no annual fee for additional cards

The Rates and Fees Table lists an Annual Fee of $350. The "How Rates and Fees Work" section points back to that table for the Annual Fee, and states the Annual Fee for Additional Cards as None.

Details
What it covers
Annual Fee $350; additional cards None

Supporting quotations

Annual Fee | $350
Annual Fee: This fee is on the Rates and Fees Table on page 1 of Part 1.
Annual Fee for Additional Cards: None.

Qualifications & exceptions

  • Whether any of the annual fee is refunded on closing the Account is covered in Part 3 (closing your Account).

Not stated here

  • The supplied text does not say how often the annual fee is billed or on what date.

Charges & Financial Obligations · Company practice

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

The fee for each cash advance is either $10 or 5% of the amount of the cash advance, whichever is greater. The fee section says the 5% is figured on the cash advance transaction including any fees charged by the ATM operator, with a minimum of $10, and that American Express adds this fee to the Cash Advance balance.

Details
What it covers
Cash advance fee: greater of $10 or 5%

Supporting quotations

Transaction Fees • Cash Advance • Foreign Transaction | Either $10 or 5% of the amount of each cash advance, whichever is greater. None
Cash Advance: 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10. We will add this fee to the Cash Advance balance.

Qualifications & exceptions

  • The $10 figure is a minimum.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

No foreign transaction fee

The Fees list shows Foreign Transaction as None, and the fee section repeats "Foreign Transaction: None." So no foreign transaction fee is listed for this Card.

Details
What it covers
Foreign Transaction fee: None

Supporting quotations

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

Qualifications & exceptions

  • The table row lists two items (Cash Advance, Foreign Transaction) and two values in that order; the fee section's "Foreign Transaction: None." confirms the mapping.

Not stated here

  • This card concerns the fee only; how charges in a foreign currency are converted is covered separately in Part 3.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company practice

Late payment fee is up to $40: $29 first, $40 if repeated within the next 6 billing periods

If American Express does not receive the Minimum Payment Due by its Payment Due Date, the late payment fee is $29. If this happens again within the next 6 billing periods, the fee is $40. The fee is listed as "up to $40". The late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Details
Condition
Minimum Payment Due not received by its Payment Due Date
When
$40 if it happens again within the next 6 billing periods
Exception
Late fee will not exceed the Minimum Payment Due on the prior billing statement

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit | Up to $40. Up to $40. None
Late Payment: Up to $40. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is $40. However, the late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

  • The ceiling is the Minimum Payment Due on the prior billing statement.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Returned payment fee is up to $40: $29 first, $40 if repeated within the same or next 6 billing periods

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

Details
Condition
Payment returned unpaid the first time presented to your bank
When
$40 if repeated within the same billing period or the next 6 billing periods

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit | Up to $40. Up to $40. None
Returned Payment: Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40. However, the returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

  • The ceiling is the applicable Minimum Payment Due on the prior billing statement.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Returned check fee is $38 when a check cashed with the Card is returned unpaid

If you use your card to cash a check at one of the approved locations and the check is returned unpaid, the fee is $38, and American Express also charges you the unpaid amount.

Details
Condition
Card used to cash a check at an approved location and the check is returned unpaid

Supporting quotations

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

Qualifications & exceptions

  • This fee is not in the summary Fees table; it appears only in the fee explanations.

Not stated here

  • The source does not say which locations are approved.

Charges & Financial Obligations · Company practice

No overlimit fee

The Fees table and the fee explanations both give the Overlimit fee as None. The explanation points to the Credit Limit and Cash Advance Limit text in Part 1, which is carded with the credit limit section.

Details
What it covers
Overlimit fee: None

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit | Up to $40. Up to $40. None
Overlimit: None. See Credit Limit and Cash Advance Limit in Part 1.
Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Account re-opening fee is $25 if a cancelled Account is re-opened at your request

A $25 fee applies if your Account is cancelled, you ask American Express to re-open it, and it does so.

Details
Condition
Account cancelled, you ask to re-open it, and American Express does so

Supporting quotations

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

Qualifications & exceptions

  • All three conditions are stated together: cancelled, you ask, and American Express re-opens it.

Cross-references

Charges & Financial Obligations · Company practice

Fees are added to the purchase balance, except the cash advance fee goes to the Cash Advance balance

American Express adds fees to the purchase balance unless it tells you otherwise. The cash advance fee is the stated exception: it is added to the Cash Advance balance.

Details
What it covers
Fees are added to the purchase balance
Exception
Cash advance fee is added to the Cash Advance balance

Supporting quotations

We add fees to a purchase balance, unless we tell you otherwise.
We will add this fee to the Cash Advance balance.

Qualifications & exceptions

  • "Unless we tell you otherwise" leaves room for other treatment that is not described here.
Also annotated in the same passage (1)

Charges & Financial Obligations · Context

Interest uses the average daily balance method including new purchases

The Rates and Fees Table says American Express figures interest with the average daily balance method (including new purchases) and points to the "How we calculate interest" section in Part 2 for the details.

Details
What it covers
Average daily balance method (including new purchases)

Supporting quotations

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

Charges & Financial Obligations · Restriction or exception

Credit Limit and Cash Advance Limit: American Express may raise or lower them, and you must stay within them

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

Details
Who
American Express
What it does
May increase or reduce the Credit Limit and Cash Advance Limit
Condition
Even if you pay on time and the Account is not in default
What it covers
Credit Limit and Cash Advance Limit

Supporting quotations

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

Qualifications & exceptions

  • Both limits include fees and interest.
  • The right to change a limit applies even when you pay on time and are not in default.

Not stated here

  • The supplied agreement text does not show a Credit Limit or Cash Advance Limit amount, although it says they are shown on page 1 of Part 1 and on each billing statement.
  • The source does not state any ATM withdrawal limit amount or period.

Charges & Financial Obligations · Restriction or exception

American Express may approve charges over your Credit Limit with no overlimit fee, and may ask you to pay the excess

American Express may approve charges that put your Account balance over your Credit Limit. If it does, it will not charge an overlimit fee. If it asks you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so. Separately, when the Minimum Payment Due is figured, up to 1/24th of any overlimit amount is added to it.

Details
Who
American Express
Exception
No overlimit fee is charged
What it covers
Amount of Account balance above the Credit Limit; up to 1/24th is added to the Minimum Payment Due

Supporting quotations

We may approve charges that cause your Account balance to go over your Credit Limit. If we do this, we will not charge an overlimit fee. If we ask you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so.
up to 1/24th of any overlimit amount

Qualifications & exceptions

  • Approval of an over-limit charge is discretionary ("may").
  • The overlimit amount can still increase the Minimum Payment Due, even though no overlimit fee is charged.
Also annotated in the same passage (2)

Charges & Financial Obligations · Restriction or exception

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

Your person-to-person transactions may not exceed $2,000 within any 30-day period, and you agree to manage your Account so that your total person-to-person transactions in any 30-day period do not exceed that Person-to-Person Limit. American Express may not approve a person-to-person transaction that would make your Account exceed the applicable person-to-person transaction limit or your Credit Limit. The Agreement defines a person-to-person transaction as a charge for funds sent to another person or a charge to add funds to your Amex Send Account.

Details
What it covers
Person-to-person transactions
When
Any 30-day period
Condition
A transaction that would exceed the applicable person-to-person limit or the Credit Limit may not be approved

Supporting quotations

Person-to-Person Limit: Your person-to-person transactions may not exceed $2,000 within any 30-day period. You agree to manage your Account so that the total of your person-to-person transactions in any 30-day period do not exceed the Person-to-Person Limit.
We may not approve a person-to-person transaction if it would cause your Account to exceed the applicable person-to-person transaction limit or your Credit Limit.
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.

Qualifications & exceptions

  • The $2,000 figure applies within any 30-day period.
  • Person-to-person transactions are also not "eligible purchases" for earning miles (see the reward program cards).

Not stated here

  • The source refers to "the applicable person-to-person transaction limit" and does not say whether any limit other than the $2,000 per 30-day figure applies.
Also annotated in the same passage (7)

Charges & Financial Obligations · Procedure

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

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

Details
What it covers
Minimum Payment Due
Condition
Highest of interest plus 1% of New Balance, 2% of New Balance, or $40
Exception
Capped at the New Balance

Supporting quotations

To calculate the Minimum Payment Due for each billing statement, we start with the highest of:
Interest charged on the billing statement plus 1% of the New Balance (excluding any interest, penalty fees, overlimit amount, and plan balances); or
2% of the New Balance (excluding any penalty fees, overlimit amount, and plan balances); or
$40.
Then we add any penalty fees shown on the billing statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due.
Your Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Qualifications & exceptions

  • The three starting amounts each exclude different items, as listed in the source.
  • The Minimum Payment Due is capped at the New Balance.
Also annotated in the same passage (1)

Charges & Financial Obligations · Context

Worked example: a $2,900 New Balance with $29.57 interest gives a $58.27 starting minimum payment

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

Details
Condition
New Balance $2,900, interest $29.57, no active plans, overlimit amount, penalty fees or past-due amounts

Supporting quotations

EXAMPLE: Assume that your New Balance is $2,900, interest is $29.57, and you have no active plans, overlimit amount, penalty fees, or amounts past due.
$29.57 plus 1% multiplied by ($2,900 minus $29.57) equals $58.27
$58 (2% of $2,900)
$40
The highest of 1., 2., or 3. is $58.27. If your account has any active plans, overlimit amount, penalty fees, or amounts past due, your Minimum Payment Due will be higher.

Qualifications & exceptions

  • The example is illustrative and depends on the assumptions it states.

Charges & Financial Obligations · User right or choice

Interest Free Period on purchases: pay your New Balance by the Payment Due Date

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

Details
Condition
Pay the New Balance by the Payment Due Date, or the account had no previous balance
What it covers
Interest on purchases
Exception
Active Plan It plan: pay at least the Balance Adjusted for Plans (or Adjusted Balance)

Supporting quotations

You are not charged interest on purchases when you are in an Interest Free Period.
Your account enters an Interest Free Period when you pay your New Balance as shown on your statement by the Payment Due Date or your account had no previous balance.
When your account is not in an Interest Free Period, we charge interest on purchases from the date of the transaction.
After you enter an Interest Free Period again, interest may appear on your next billing statement. This reflects interest charged from the beginning of that billing cycle through the date the payment was received.
If you have an active plan created through Plan It, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.
For more details about how we calculate your interest charges, see the How we calculate interest section of this agreement.

Qualifications & exceptions

  • The Interest Free Period applies to purchases; the source separately says Balance Transfers and Cash Advances do not have one.
  • The source points to the "How we calculate interest" section for how interest is figured.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company practice

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

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

Details
What it covers
Balance Transfers and Cash Advances
When
Interest from the date of the transaction; no Interest Free Period

Supporting quotations

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

Qualifications & exceptions

  • Whether balance transfers are offered at all is addressed in Part 2 (see the "Using the Card" card).

Not stated here

  • The Rates and Fees Table in this Part 1 lists no separate APR or fee for balance transfers, so the supplied text does not say what rate applies to them.

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.

Details
What it covers
Card Member Agreement (Parts 1-3, supplements and amendments)
What it does
Request a copy online or by calling the number on the back of the Card

Supporting quotations

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

Account & Service Control · Company commitment

Base earn: 1 mile per $1 of eligible purchases on the Card Account

You receive 1 mile for each $1 of eligible purchases on your Delta SkyMiles Platinum American Express Card (Card Account). Eligible purchases are purchases for goods and services minus returns and other credits.

Details
What it does
Receive 1 mile for each $1
What it covers
Eligible purchases on the Card Account

Supporting quotations

How you receive miles: You receive 1 mile for each $1 of eligible purchases on your Delta SkyMiles® Platinum American Express Card (Card Account).
Eligible purchases are purchases for goods and services minus returns and other credits.

Qualifications & exceptions

  • Only "eligible purchases" earn miles; the exclusions are on a separate card.
  • Returns and other credits are subtracted.

Cross-references

Account & Service Control · Restriction or exception

No miles on fees, interest, cash advances, cash equivalents, prepaid cards or person-to-person transactions

Eligible purchases do not include: fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents (including gift cards), or person-to-person transactions. These items do not earn miles. The Agreement defines a cash advance to include travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

Details
Exception
Fees, interest, cash advances, traveler's checks, prepaid cards, cash equivalents and person-to-person transactions

Supporting quotations

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

Qualifications & exceptions

  • The list of exclusions is introduced with "Eligible purchases do NOT include"; the defined meanings of "cash advance" and "person-to-person transaction" come from the Part 2 definitions.

Not stated here

  • The source does not define "cash equivalents" beyond giving gift cards as an example.

Cross-references

Also annotated in the same passage (6)

Account & Service Control · Company commitment

Delta purchases earn 3 miles per $1 total, except Delta air travel inside all-inclusive tour packages

You receive 2 additional miles (a total of 3) for each $1 of eligible purchases on your Card Account for purchases submitted to American Express using a Delta merchant code: air travel on a Delta flight, air travel on a Delta partner flight with a DL flight number, Delta Stays prepaid hotels and vacation rentals, Delta Vacations packages, and other Delta services. You will not receive additional miles for purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages.

Details
What it does
2 additional miles (a total of 3) per $1
Condition
Purchase submitted using a Delta merchant code
Exception
No additional miles on Delta air travel that is part of all-inclusive air or sea tour packages

Supporting quotations

You receive 2 additional miles (a total of 3) for each $1 of eligible purchases on your Card Account for the following purchases submitted to us using a Delta merchant code: air travel on a Delta flight air travel on a Delta partner flight with a DL flight number
Delta Stays prepaid hotels and vacation rentals
Delta Vacations® packages other Delta services
You will NOT receive additional miles for: purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages

Qualifications & exceptions

  • The purchase must be submitted using a Delta merchant code.
  • The source text is extracted as a run-together list; the category items are quoted as they appear.
  • The "will NOT receive additional miles" exclusion appears directly after the Delta list and names air travel on a Delta flight that is part of all-inclusive air or sea tour packages.

Not stated here

  • The source does not define "other Delta services".
Also annotated in the same passage (1)

Account & Service Control · Company commitment

Hotels charged directly earn 3 miles per $1 total; timeshares, banquets and events are excluded

You receive 2 additional miles (a total of 3) for each $1 of eligible purchases on your Card Account charged directly with hotels worldwide, excluding timeshares, banquets, and events.

Details
What it covers
Eligible purchases charged directly with hotels worldwide
Exception
Excluding timeshares, banquets, and events
Where
Worldwide

Supporting quotations

You receive 2 additional miles (a total of 3) for each $1 of eligible purchases on your Card Account charged directly with hotels worldwide (excluding timeshares, banquets, and events).

Qualifications & exceptions

  • The purchase must be charged directly with the hotel.
Also annotated in the same passage (1)

Account & Service Control · Company commitment

Restaurants worldwide earn 2 miles per $1 total

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at restaurants worldwide.

Details
What it covers
Eligible purchases at restaurants worldwide
Where
Worldwide

Supporting quotations

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at restaurants worldwide.

Qualifications & exceptions

  • Merchant category assignment rules in the next reward paragraph apply to this and the other reward categories.

Account & Service Control · Company commitment

U.S. supermarkets earn 2 miles per $1 total; superstores and warehouse clubs are not supermarkets

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at supermarkets located in the United States. Superstores and warehouse clubs are not considered supermarkets.

Details
What it covers
Eligible purchases at supermarkets located in the United States
Where
United States
Exception
Superstores and warehouse clubs are not supermarkets

Supporting quotations

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at supermarkets located in the United States. Superstores and warehouse clubs are not considered supermarkets.

Qualifications & exceptions

  • Only supermarkets located in the United States are named; the merchant-code rules on the next card also apply.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

Additional miles depend on the merchant's code; third-party sellers, card readers and wallets may not qualify

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

Details
Condition
The merchant's code is included in a reward category and American Express can identify the purchase as eligible
Exception
Third-party sellers, third-party processors/card readers, third-party payment accounts, mobile or digital wallets

Supporting quotations

Merchants are assigned codes based on what they primarily sell. We group certain merchant codes into categories that are eligible for additional miles. A purchase with a merchant will not receive additional miles if the merchant's code is not included in a reward category. You may not receive additional miles if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category. For example, you may not receive additional miles when: a merchant uses a third-party to sell their products or services; or a merchant uses a third-party to process or submit your transaction to us (e.g., using mobile or wireless card readers); or you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet.

Qualifications & exceptions

  • The source says "you may not receive" additional miles in these situations; it does not say you never will.
  • The examples follow "For example", so they are not stated as a complete list.

Not stated here

  • The agreement does not list which merchant codes belong to which reward category.
Also annotated in the same passage (1)

Account & Service Control · Procedure

Reward questions go to the number on the Card; more is online and on the Benefits Dashboard

For questions about additional miles on a purchase, call the number on the back of your Card. The agreement also says to visit americanexpress.com/rewards-info for more information about rewards, and that you can view all Card benefits and their Terms and Conditions by logging onto your account at americanexpress.com and viewing your account Benefits Dashboard.

Details
What it does
Call the number on the back of the Card; visit americanexpress.com/rewards-info; view the Benefits Dashboard

Supporting quotations

For questions about additional miles on a purchase, call the number on the back of your Card. Please visit americanexpress.com/rewards-info for more information about rewards.
You can view all Card benefits and corresponding Terms and Conditions by logging onto your account at americanexpress.com and viewing your account Benefits Dashboard.

Not stated here

  • The americanexpress.com/rewards-info page and the Card benefits Terms and Conditions are referred to but not supplied with this agreement, so their contents are not described here.

Account & Service Control · Permission or license

Promotional bonus-mile offers can have their own terms that differ from the standard earning terms

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

Details
Who
American Express
What it covers
Promotional offers of bonus miles

Supporting quotations

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

Qualifications & exceptions

  • The offers are optional ("may make"); the specific terms are in each offer.

Not stated here

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

Account & Service Control · Company practice

Miles go to your Delta SkyMiles account after the billing period ends; you can view the balance online

American Express transfers the miles you receive to your Delta SkyMiles account after the end of the billing period in which you received them. You can view your miles balance by logging onto your online account at americanexpress.com and viewing your account summary page.

Details
When
After the end of the billing period in which the miles were received

Supporting quotations

We transfer the miles you receive to your Delta SkyMiles account after the end of the billing period in which you received them.
You can view your miles balance by logging onto your online account at americanexpress.com and viewing your account summary page.

Account & Service Control · Restriction or exception

Promotional bonus miles post 8 to 12 weeks after month end if the account is not cancelled or delinquent

Bonus miles awarded for promotional offers are posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at the time of bonus fulfillment.

Details
When
8 to 12 weeks after the end of each month
Condition
Account not cancelled or delinquent at time of bonus fulfillment

Supporting quotations

Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at time of bonus fulfillment.

Qualifications & exceptions

  • The eligibility check is made at the time of bonus fulfillment.

Not stated here

  • The source does not define "delinquent".

Account & Service Control · Restriction or exception

Miles earned in a billing period are forfeited if that period's Minimum Payment Due is not paid by its due date

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you forfeit the miles you earned for eligible purchases during that billing period. The source gives an example: if the billing period closes January 15 and the minimum payment for that billing period is due on February 10, and you do not make that minimum payment by February 10, you will not earn miles for purchases in the billing period ending February 15.

Details
Condition
Minimum Payment Due not paid by the Payment Due Date
What it covers
Miles earned for eligible purchases during that billing period

Supporting quotations

When you will forfeit miles: If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you will forfeit the miles you earned for eligible purchases during that billing period.
For example, if your billing period closes January 15 and the minimum payment for that billing period is due on February 10, and you do not make that minimum payment due by the due date on February 10, then you will not earn miles for purchases in the billing period ending February 15.

Qualifications & exceptions

  • The forfeiture applies to miles earned for eligible purchases during that billing period.
  • Reinstatement is possible under conditions on the next card.

Not stated here

  • The example first describes a billing period that closes January 15, then says miles are not earned for the billing period ending February 15. The source does not explain this difference, so the exact period it means is unclear from the text.

Cross-references

Account & Service Control · User right or choice

Forfeited miles can be reinstated within 12 billing periods for a $35 fee if the account is not past due

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

Details
Condition
Card Account not past due and a $35 fee paid
When
Within the next 12 billing periods

Supporting quotations

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

Qualifications & exceptions

  • Two conditions: the Card Account is not past due, and the $35 fee is paid.

Cross-references

Account & Service Control · Restriction or exception

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

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

Details
What it covers
Eligible purchases intended for personal, family or household use

Supporting quotations

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

Account & Service Control · Restriction or exception

Each Basic Card Member needs a unique, active Delta SkyMiles account or the Card Account may be cancelled

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

Details
Who
American Express
Condition
You do not maintain an active Delta SkyMiles loyalty account

Supporting quotations

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

Qualifications & exceptions

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

Account & Service Control · Permission or license

American Express may change the reward program terms and may take away miles for violation or abuse

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

Details
Who
American Express
What it does
May change the reward program terms at its discretion; you may forfeit some or all miles for violation or abuse

Supporting quotations

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

Qualifications & exceptions

  • The source does not describe what counts as violating or abusing the program, or how a change is announced.

Not stated here

  • The source does not define "violate or abuse" this reward program or give notice terms for program changes.

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.

Details
Who
American Express

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.

Account & Service Control · Context

Miles are governed by the Delta SkyMiles Membership Guide and Program Rules, which Delta may change

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules. The agreement tells you to refer to that document for how to redeem your miles, for Delta's right to change its program terms, and for other conditions that may apply to Delta's program.

Details
What it covers
Delta SkyMiles Membership Guide and Program Rules

Supporting quotations

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules. You should refer to that document for details on: how to redeem your miles,
Delta's right to change its program terms, and other conditions that may apply to Delta’s program.

Not stated here

  • The Delta SkyMiles Membership Guide and Program Rules are incorporated by reference but are not supplied with this agreement, so how miles are redeemed and Delta's program terms are not described here.

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.

Details
Condition
You use the Account, or sign or keep the Card

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.
Also annotated in the same passage (1)

Account & Service Control · User right or choice

You can cancel the Card without paying fees if you have not yet used the Account or made a payment

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
Condition
Account not yet used or no payment made after receiving a billing statement
What it does
Cancel the Card without obligation to pay any fees

Supporting quotations

If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Qualifications & exceptions

  • The condition is quoted as written: "If you have not yet used the Account or made a payment on the Account after receiving a billing statement".

Not stated here

  • The source does not say whether the condition is met by either circumstance alone or requires both, and does not give a deadline or cancellation method in this sentence.
Also annotated in the same passage (1)

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.

Details
Who
American Express
What it does
May change the Agreement
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.

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.
Also annotated in the same passage (6)

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.

Details
Who
Issuer (we); person who applied for the Account (you)

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.
Also annotated in the same passage (6)

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.

Details
What it covers
Charge; purchase; cash advance; balance transfer; person-to-person transaction; plan; to pay by a date; Closing Date

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.
Also annotated in the same passage (6)

Account & Service Control · Restriction or exception

Using the Card: plans, cash advances and balance transfers are at American Express's discretion; personal use only

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

Details
Who
American Express
Exception
No balance transfers from other accounts issued by American Express or its affiliates
What it covers
Personal, family or household purposes only

Supporting quotations

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

Qualifications & exceptions

  • Plans, cash advances and balance transfers are each something American Express "may permit", not a guaranteed feature.
Also annotated in the same passage (1)

Sharing & Disclosure · User right or choice

Merchants storing your Card number may be told about number, expiry or account-status changes unless you opt out

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

Details
Who
American Express
What it covers
Updated Card number, expiration date or Account status
What it does
Contact American Express to say you do not want updated Account information shared

Supporting quotations

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

Qualifications & exceptions

  • American Express "may (but is not required to)" tell them; it is not a commitment.
  • The opt-out is to contact American Express using the number on the back of the Card.

Not stated here

  • The source does not say how quickly a request not to share updated information takes effect.

Security & Safeguards · Restriction or exception

Keep the Card safe and report loss or unauthorized use right away; no illegal activities

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

Details
What it does
Contact American Express right away if the Card is lost or stolen or the Account is used without permission

Supporting quotations

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

Not stated here

  • This paragraph does not state how responsibility for unauthorized charges is allocated.

Account & Service Control · Permission or license

American Express may decline a charge for various reasons, even within your limit, without liability

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

Details
Who
American Express
Exception
Not responsible for losses if a charge is not authorized or a merchant refuses the Card

Supporting quotations

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

Qualifications & exceptions

  • The reasons listed are examples ("including"), not a complete list.

Charges & Financial Obligations · Permission or license

Plan It: pay selected purchases over time through a plan balance that carries a monthly plan fee

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

Details
Who
American Express
What it covers
Qualifying purchases or a qualifying amount
When
Plan fee charged each month a plan is active

Supporting quotations

About Plan It: We may offer you Plan It, which allows you to create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee. This fee is a fixed finance charge that will be charged each month that a plan is active.
You may use this feature by selecting qualifying purchases or a qualifying amount and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection. Each plan fee will be disclosed before you create the applicable plan and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases. A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance.

Qualifications & exceptions

  • Plan It is something American Express "may offer".
  • Plan fee detail is on the Rates and Fees Table (up to 1.33% monthly).

Not stated here

  • The specified dollar amount for a qualifying purchase and the specified portion for a qualifying amount are not given in the supplied text.

Cross-references

Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

Plan It excludes cash, cash equivalents, balance transfers, purchases with Foreign Transaction Fees and fees owed

Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.

Details
Exception
Cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, fees owed to American Express such as Annual Fees

Supporting quotations

Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

  • The exclusions are written for qualifying purchases or, if you have a Card with a Credit Limit, a qualifying amount.

Not stated here

  • Part 1 of this Agreement lists the Foreign Transaction fee for this Card as None; the source does not say how the exclusion for "purchases subject to Foreign Transaction Fees" applies to this Card.

Cross-references

Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

Whether you can create a plan depends on creditworthiness, Credit Limit and account status

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

Details
Who
American Express
Condition
Not available if the Account is cancelled or one of your American Express accounts is in a payment program, has a returned payment or is past due
What it covers
Plans; total plan balances (including plan fees) must not exceed the Credit Limit

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Credit Limit. You will not be able to create plans if your Account is cancelled. You will also not be able to create plans if one or more of your American Express accounts is enrolled in a payment program, or has a payment that is returned unpaid, or is past due. We will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history. You agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.
At our discretion, we may permit you to create plans, make cash advances or balance transfers.

Qualifications & exceptions

  • Plans are offered at American Express's discretion ("At our discretion, we may permit you to create plans").
  • The restrictions refer to any of your American Express accounts, not only this Card Account.

Not stated here

  • The source does not say how many active plans are allowed or list all the factors used.
Also annotated in the same passage (1)

Charges & Financial Obligations · User right or choice

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

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

Details
Condition
Pay the New Balance shown on the most recent billing statement in full
Exception
No future plan fees on a plan paid off early

Supporting quotations

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

Qualifications & exceptions

  • Early payoff is done by paying the New Balance shown on the most recent billing statement in full.

Charges & Financial Obligations · Company practice

You promise to pay all charges, including those by Additional Card Members or others you permit

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

Details
Who
You (the Basic or Primary Card Member)
What it covers
All charges added to the Account, including those made or permitted by Additional Card Members
When
At least the Minimum Payment Due on or before the Payment Due Date

Supporting quotations

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

Charges & Financial Obligations · Procedure

Payments must be in U.S. dollars by single check, negotiable instrument or electronic payment; mail rules apply

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

Details
What it covers
Payment in U.S. dollars by single check, single negotiable instrument or electronic payment
Condition
By mail: separate payment per Account, payment coupon address, Account number and coupon included

Supporting quotations

How to make payments: Make payments to us in U.S. dollars with:
a single check drawn on a U.S. bank, or
a single negotiable instrument clearable through the U.S. banking system, for example a money order, or
an electronic payment that can be cleared through the U.S. banking system.
When making a payment by mail:
make a separate payment for each Account,
mail your payment to the address shown on the payment coupon on your billing statement, and
write your Account number on your check or negotiable instrument and include the payment coupon.

Charges & Financial Obligations · Company practice

A conforming payment is credited the day received; a late or non-conforming payment may be credited later

If your payment meets the stated requirements, American Express credits it to your Account as of the day it receives it, as long as it receives it by the time and in the manner disclosed in your billing statement. If it receives the payment after that time, it credits the payment on the day after it receives it. If your payment does not meet the requirements, there may be a delay in crediting your Account, which may result in late payment fees and additional interest charges. "To pay by a certain date" means your payment must be received and credited to your Account by that date.

Details
Condition
Payment meets the requirements and is received by the disclosed time and manner
When
Credited as of the day received, or the day after if received after the time disclosed
Exception
Non-conforming payments may be delayed, which may lead to late fees and additional interest

Supporting quotations

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

Qualifications & exceptions

  • The cut-off time and manner are those disclosed in each billing statement, not stated in this Agreement.

Not stated here

  • The cut-off time is not given in the Agreement text.
Also annotated in the same passage (6)

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S.-bank payments are refused; accepting a late, partial or restricted payment waives nothing

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

Details
Who
American Express
Exception
Late, partial or restrictively marked payments do not affect its rights or change the Agreement

Supporting quotations

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

Charges & Financial Obligations · Procedure

Payments go first to plan amounts and the lowest-rate balance up to the minimum, then to the highest-rate balance

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

Details
What it does
Apply payments to Plan amounts and the lowest-rate balance up to the Minimum Payment Due, then to the highest-rate balance
Condition
Balances with different interest rates, Plan balances or Plan fees
When
Generally, in a billing period

Supporting quotations

How we apply payments and credits: Your Account may have balances with different interest rates. For example, purchases may have a lower interest rate than cash advances. Your Account may also have Plan balances which are assessed Plan fees. If your Account has balances with different interest rates, Plan balances, or Plan fees, here is how we generally apply payments in a billing period:
We apply your payments, up to the Minimum Payment Due, first to any Plan amounts included in your Minimum Payment Due, then to the balance subject to the lowest interest rate, and then to balances subject to higher interest rates.
After the Minimum Payment Due has been paid, we apply your payments to the balance subject to the highest interest rate, then to balances subject to lower interest rates, and then to any Plan balances.

Qualifications & exceptions

  • The source says "generally": this is how American Express generally applies payments, and it may apply payments within balances in any order it chooses (see the credits card).
  • The text notes that purchases may have a lower interest rate than cash advances.

Charges & Financial Obligations · Procedure

Credits usually go to the balance of the related charge; credits for plan purchases need a call to apply to the plan

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

Details
Condition
A credit for a purchase placed into a plan: you must call to have it applied to the Plan balance

Supporting quotations

In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose. If there is a negative balance in any balance on the account at the end of a billing period, that excess credit will be redistributed to other balances in accordance with how we apply payments described above. This means that in certain circumstances, Plan balances may get paid before they otherwise would. If you receive a credit for a purchase placed into a plan, you must call us at the number on the back of your Card to have the credit applied to the Plan balance.

Qualifications & exceptions

  • "In most cases" is the source's wording; it does not make the rule universal.

Charges & Financial Obligations · Procedure

Interest is figured balance by balance using the Average Daily Balance method including new transactions

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

Details
What it covers
Interest = ADB x DPR x days in the billing period, per balance
What it does
Use the Average Daily Balance method including new transactions

Supporting quotations

How we calculate interest: We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions--such as purchases and cash advances--may have different interest rates. Balances within each category may also have different interest rates.
We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance.
Interest: The interest charged for a balance in a billing period, except for variations caused by rounding, equals:
Average Daily Balance (ADB) multiplied by
Daily Periodic Rate (DPR) multiplied by
number of days in the billing period.

Qualifications & exceptions

  • Interest is calculated separately for each balance and then added up.

Not stated here

  • The published agreement does not list the DPR values for this Card; this card does not compute them.

Charges & Financial Obligations · Context

ADB is the sum of daily balances divided by days in the period; a DPR is 1/365th of an APR

To get the Average Daily Balance (ADB) for a balance, American Express adds up its daily balances and divides the result by the number of days in the billing period. A Daily Periodic Rate (DPR) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The source says "Your DPRs are shown in How Rates and Fees Work in Part 1", but the published agreement does not show any DPR values there: the Part 1 Rates and Fees Table gives APRs as Prime Rate plus a margin, and the How Rates and Fees Work section explains variable rates and the Prime Rate and refers to "corresponding DPRs" without listing them.

Details
What it covers
ADB and DPR definitions
Exception
No DPR values appear in the published Part 1

Supporting quotations

ADB: To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days in the billing period.
DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work in Part 1.
How Rates and Fees Work
variable APRs (and corresponding DPRs) will increase

Qualifications & exceptions

  • The DPR is defined only as 1/365th of an APR, rounded to one ten-thousandth of a percentage point; the source does not give a dollar or percentage DPR for this Card.

Not stated here

  • The reference "Your DPRs are shown in How Rates and Fees Work in Part 1" has no matching DPR values in the published agreement. The published agreement does not list them; this analysis does not compute DPRs from the APRs or import them from another agreement or a personal Part 1.

Cross-references

Also annotated in the same passage (1)

Charges & Financial Obligations · Context

Worked interest example: 15.99% rate, $2,250 ADB, 30 days gives $29.57 (illustrative assumption)

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

Details
Condition
Single interest rate of 15.99%, ADB $2,250, 30 days
What it covers
Interest $29.57

Supporting quotations

EXAMPLE: Calculating Interest
Assume that you have a single interest rate of 15.99%, your ADB is $2,250 and there are 30 days in the billing period. The DPR is 15.99% divided by 365 days equals 0.0438%
The Interest is $2,250 multiplied by 0.0438% multiplied by 30 days equals $29.57

Qualifications & exceptions

  • The 15.99% rate, the balance and the number of days are the example's assumptions; they are not this Card's stated APRs or a promise about any account.
Also annotated in the same passage (1)

Charges & Financial Obligations · Procedure

Daily balances: new charges count from their transaction date; interest compounds daily

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

Details
When
New charges are added as of their transaction date
Exception
A negative daily balance is treated as zero
What it covers
Daily compounding of interest

Supporting quotations

Daily Balance: We figure the daily balance for each balance by:
taking the beginning balance for the day,
adding any new charges,
subtracting any payments or credits; and
making any appropriate adjustments.
We add a new charge to a daily balance as of its transaction date. If the daily balance is negative, we treat it as zero. Beginning balance: For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance. This method of figuring the beginning balance results in daily compounding of interest.

Qualifications & exceptions

  • A negative daily balance is treated as zero.
Also annotated in the same passage (1)

Charges & Financial Obligations · Permission or license

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

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

Details
Who
American Express

Supporting quotations

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

Qualifications & exceptions

  • Other methods must "produce equivalent results".

Not stated here

  • The source does not say which types of charges might carry no interest.

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.

Details
Condition
Covered borrower under the Military Lending Act
Exception
Arbitration provision does not apply to a covered borrower; American Express will comply with its obligations if the covered borrower elects arbitration

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

Account & Service Control · Permission or license

Additional Cards may be issued at your request; their use may be reported to credit reporting agencies

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

Details
Who
American Express
What it does
May issue additional Cards at your request and report their use to credit reporting agencies

Supporting quotations

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

Qualifications & exceptions

  • Issuing an additional Card is something American Express "may" do at your request.
  • Part 1's fee explanations give the Annual Fee for Additional Cards as None.

Account & Service Control · Company practice

You are responsible for all use by Additional Card Members and anyone they allow; they may receive Account information

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

Details
Who
You (the Basic or Primary Card Member)
What it covers
All use of the Account by Additional Card Members and anyone they allow
What it does
Authorize American Express to give Additional Card Members Account information and discuss it with them

Supporting quotations

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

Qualifications & exceptions

  • The Annual Fee refund reference points to Part 3.

Cross-references

Charges & Financial Obligations · Company practice

Foreign-currency charges are converted to U.S. dollars by AEEML at a rate acceptable to American Express

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

Details
Who
AE Exposure Management Ltd. (AEEML)
When
On the date American Express or its agents process the charge
Exception
Charges converted by establishments such as airlines are billed at the rates they use

Supporting quotations

Converting charges made in a foreign currency: If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

  • The conversion happens on the date of processing, not necessarily the date of the charge.
  • Part 1 lists the Foreign Transaction fee as None; this paragraph is about the exchange rate, not a fee.

Not stated here

  • The conversion rate itself is not stated in the Agreement.
Also annotated in the same passage (1)

Data Access & Collection · Company practice

Charges at federal agencies: American Express collects charge information for billing, collections and marketing use

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

Details
Condition
You make charges at federal agencies that accept the Card
Why
Processing, billing, collections; aggregated reporting, analysis and marketing use

Supporting quotations

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

Qualifications & exceptions

  • The notice is headed "Privacy Act of 1974" and applies to charges at federal agencies that accept the Card.
  • Aggregated use includes reporting, analysis and marketing.

Not stated here

  • The source does not list which charge information is collected.
Also annotated in the same passage (1)

Sharing & Disclosure · Company practice

Insurance and other products: affiliates may be paid and compensation may influence what you are told about

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

Details
Who
American Express and its affiliates
Why
Telling you about insurance and non-insurance products, services or features that may have a fee

Supporting quotations

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

Qualifications & exceptions

  • The insurance products are stated not to be offered or sold by American Express or on its behalf.

Sharing & Disclosure · Permission or license

American Express may share information about you with affiliates and may be compensated for it

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

Details
Who
American Express
Why
So affiliates can identify products that may interest you

Supporting quotations

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

Qualifications & exceptions

  • The stated purpose is so affiliates can identify products that may interest you.

Not stated here

  • The source does not say which information is shared or whether you can limit this sharing in this paragraph.

Account & Service Control · Permission or license

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

American Express has the right to add, modify or remove any benefit, feature or service included with or related to your Account at its discretion. This sits alongside the separate statement that it may change the reward program terms at its discretion.

Details
Who
American Express
What it does
Add, modify or remove any benefit, feature or service

Supporting quotations

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

Qualifications & exceptions

  • The right covers benefits, features and services "included with or related to your Account".

Not stated here

  • The source does not give a notice period or compensation if a benefit changes.

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.

Details
Who
American Express
What it does
May sell, transfer or assign the Agreement and Account at any time without notifying you

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.

Details
Where
Utah (governing law), Maryland billing address (special election)

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".

Charges & Financial Obligations · Context

Oregon notice: service charges not above those permitted by law; you may pay more than the minimum any time

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

Details
Where
Oregon residents

Supporting quotations

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

Qualifications & exceptions

  • This is a notice addressed to Oregon residents.

Not stated here

  • The source does not say how a person is determined to be an Oregon resident for this notice.
Also annotated in the same passage (1)

Charges & Financial Obligations · User right or choice

Washington notice: no interest solely caused by a merchant's failure to send a return credit within seven working days

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

Details
Where
Washington State residents
Condition
Interest charges result solely from the merchant's failure to transmit the credit within seven working days (and you have notified American Express of the delay), or American Express's failure to post the credit within three working days

Supporting quotations

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

Qualifications & exceptions

  • The notice applies to residents of Washington State and requires that you have notified American Express of the merchant's delay.
  • The statutory citation is quoted as written; this card does not supply or interpret the cited law.

Not stated here

  • The text of the cited Washington statute is not supplied here; the source states the effect in its own words.
  • The sentence does not make clear whether the condition "if you have notified us of the merchant's delay" also applies to the second ground, American Express's own failure to post the credit within three working days; the source does not say.
Also annotated in the same passage (1)

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).

Details
What it does
Reject the arbitration provision by written notice
When
Within 45 days after your 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.
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).
Also annotated in the same passage (3)

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.

Details
What it covers
Any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or 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 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.

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. 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.

Details
When
Within 30 days after sending or receiving a claim notice
What it covers
Mediation fees: American Express pays 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.

Details
When
Limitation periods tolled from the date the claim notice is sent until mediation ends

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).

Details
Who
You or American Express
What it does
Elect individual arbitration; give up court, jury and class participation for that claim
Exception
Small-claims claims, the 45-day rejection right, the appeal procedure, and covered borrowers under the Military Lending Act

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

Also annotated in the same passage (4)

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).

Details
Condition
A claim notice has been sent first
What it does
Select JAMS or AAA; the other party may select the other within 30 days if American Express chooses

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.

Details
Exception
Individual claim filed by you and pending only in small claims court
When
Election allowed at any time until 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 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

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.

Details
Condition
If any portion of the Limitations on Arbitration is deemed invalid or unenforceable
Exception
The entire Arbitration provision (other than that 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.
Also annotated in the same passage (3)

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.

Details
Condition
Claim of $10,000 or less: you choose documents only, telephone hearing or in-person hearing
Where
At your election, 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.
Also annotated in the same passage (3)

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.

Details
When
Within 35 days after the arbitrator's award is issued
What it does
Notify the arbitration organization and all parties in writing; a three-arbitrator panel decides anew by majority vote on written submissions

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

Also annotated in the same passage (2)

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.

Details
What it covers
Your share of arbitration fees capped at the filing fees you would have incurred in court; American Express pays additional fees
Condition
The arbitrator rules in your favor for an amount greater than any final offer made before the final hearing

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.

Details
When
Mailed within 45 days after your first Card purchase
Condition
Notice states you reject, with name, address, Account number and your personal signature
Exception
Corporate Card accounts and claims subject to pending litigation or arbitration when the notice is sent

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

Also annotated in the same passage (2)

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.

Details
When
Survives account termination, payment of the balance, 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 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).
Also annotated in the same passage (3)

Account & Service Control · 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. It considers a notice given when it mails it or delivers it electronically.

Details
Who
American Express
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 treated as given when sent, not when received.

Account & Service Control · Permission or license

You authorize calls, texts, emails and push notifications, including by automated dialer, for servicing and collections

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

Details
Who
American Express and its affiliates, agents and contractors
Why
To service your account or to collect amounts you owe
What it does
Contact you by call, text, email, push notification or other permitted method, including automated dialer or prerecorded messages

Supporting quotations

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

Qualifications & exceptions

  • The permission is for servicing your account or collecting amounts you owe.
  • Methods are limited by "permitted by law".

Not stated here

  • The source does not describe a way to limit or opt out of these contacts in this paragraph.

Data Access & Collection · Company practice

American Express may monitor and record calls between you and it

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

Details
Who
American Express
What it does
May monitor and record calls

Supporting quotations

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

Not stated here

  • The source does not say how long recordings are kept or what they are used for.

Account & Service Control · Restriction or exception

You must tell American Express immediately of address, email or phone changes, separately for each Account

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

Details
Condition
You change your mailing address, email address or telephone number
When
Immediately

Supporting quotations

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

Qualifications & exceptions

  • The notice must be given separately for each Account.

Not stated here

  • The source does not say how American Express decides that the information it receives is reliable before updating a billing address.

Charges & Financial Obligations · Restriction or exception

If you dispute a charge with a merchant, a credit to you transfers your claims against the merchant to American Express

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 you will not pursue any claim against the merchant for the credited amount, and you must cooperate with American Express if it decides to pursue the merchant.

Details
Condition
You dispute a charge with a merchant and American Express credits all or part of it
Exception
Tort claims are excluded from the assignment

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.
  • The assignment follows a credit for "all or part" of the charge and relates to the credited amount.

Not stated here

  • The source does not describe the process for raising or deciding a dispute in this paragraph.

Sharing & Disclosure · Permission or license

American Express may obtain credit reports, verify income, use the information broadly and report to credit bureaus

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

Details
Who
American Express
Why
Investigating ability to pay and, subject to applicable law, any purposes such as marketing or evaluating you for a new account
What it covers
Credit reports, employment and income information, Account information given to credit reporting agencies

Supporting quotations

Credit reports: You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources including information to verify and re-verify your employment and income. And you agree that we will use such information for any purposes (for example, marketing to you or evaluating you for a new account), subject to applicable law. You agree that we will give information about the Account to credit reporting agencies. We will tell a credit reporting agency if you fail to comply with the terms of this Agreement. This may have a negative impact on your credit report.

Qualifications & exceptions

  • Use of the information for "any purposes" is subject to applicable law.
  • The examples of purposes are introduced with "for example".

Not stated here

  • The source does not list the "other sources" or say how often credit reports are obtained.

Account & Service Control · Procedure

To dispute credit-bureau information, write to the American Express Credit Bureau Unit with the specific information

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

Details
Condition
You believe information given to a credit reporting agency is incorrect
What it does
Write to the American Express Credit Bureau Unit and identify the specific information

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.

Account & Service Control · Restriction or exception

American Express may treat the Account as in default for five listed reasons, including a belief you cannot pay

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

Details
Who
American Express
Condition
Violation of the Agreement, false information, bankruptcy, default under another agreement with it or an affiliate, or a belief that you are unable or unwilling to pay

Supporting quotations

Default: We may consider your Account to be in default if:
you violate a provision of this Agreement,
you give us false information,
you file for bankruptcy,
you default under another agreement you have with us or an affiliate, or
we believe you are unable or unwilling to pay your debts when due.

Qualifications & exceptions

  • The wording is "may consider": default is American Express's option.
  • The last ground turns on what American Express "believes".

Not stated here

  • The first list item refers to the Agreement itself, not to a separate linked document, and no outside document text is supplied or needed for it; the source does not say which provisions are most likely to trigger default.

Account & Service Control · Restriction or exception

On default, incapacity or death American Express may suspend charging and features and demand immediate payment

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

Details
Who
American Express
Condition
Account considered in default, or you become incapacitated or die
Exception
Only to the extent permitted by federal and applicable state law

Supporting quotations

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

Qualifications & exceptions

  • These are options ("may"), available to the extent permitted by federal and applicable state law.
  • The same options are listed for incapacity or death as for default.

Charges & Financial Obligations · Company practice

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

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

Details
What it covers
Reasonable collection costs, including attorneys' fees

Supporting quotations

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

Qualifications & exceptions

  • Only "reasonable" costs are covered.

Account & Service Control · Permission or license

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

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

Details
Who
American Express
When
At any time and for any reason

Supporting quotations

Closing or suspending your Account: We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement. If we later agree to reinstate your Account, we may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Qualifications & exceptions

  • "At any time and for any reason" is the source's wording.

Not stated here

  • The amount of the fee "to reinstate the Account" is not stated in this paragraph; Part 1 lists a $25 Account Re-opening fee for a cancelled Account that you ask to have re-opened.

Charges & Financial Obligations · User right or choice

You may close the Account; the annual fee is refunded only if you close within 30 days of the statement showing it

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

Details
Condition
Notify American Express you are voluntarily closing within 30 days after the Closing Date of the statement on which the Annual Fee appears
Where
Massachusetts billing address: "this policy will not apply to you"
When
Annual Fee non-refundable for cancellations after 30 days

Supporting quotations

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

Qualifications & exceptions

  • The refund depends on notifying American Express within 30 days after the Closing Date of the statement on which the fee appears.
  • Part 1 states the re-opening fee as $25 if the Account is cancelled, you ask to re-open it and American Express does so; this paragraph says it "may" charge $25.

Not stated here

  • The Massachusetts sentence says "this policy will not apply to you" without saying which policy (the 30-day refund window or the non-refundable rule) or what applies instead; the source does not say, so this card does not infer it.

Cross-references

Charges & Financial Obligations · Permission or license

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

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

Details
What it does
Use check information to make a one-time electronic fund transfer; payment may be withdrawn as soon as the same day; the check is not returned

Supporting quotations

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

Qualifications & exceptions

  • The authorization is for a one-time electronic fund transfer.
  • "In certain circumstances" it may process the payment as a check transaction instead; the circumstances are not listed.

Not stated here

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