Platinum Card agreement text is dated 06/30/2026 and names American Express National Bank as issuer
This document is Part 1 of 3 of the Card Member Agreement for the Platinum Card®. Its first lines state "As of: 06/30/2026" and name American Express National Bank as the issuer. Part 1 holds the Rates and Fees Table and the How Rates and Fees Work section; Parts 2 and 3 follow in the same document.
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As of: 06/30/2026 Issuer: American Express National Bank
Qualifications & exceptions
The date is given only as "As of: 06/30/2026".
Not stated here
The text does not say whether 06/30/2026 is an effective date, a publication date or a revision date.
Legal Rights & Agreement Rules · Context
Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement; a copy can be requested
Part 1, Part 2, Part 3 and any supplements or amendments together make up your Card Member Agreement. You can request a copy through your online account or by calling the number on the back of your Card.
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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.
Using, signing or keeping the Card means you agree to the Agreement; you can cancel before first use or payment
The Card Member Agreement is made up of Part 1, Part 2 and Part 3 (and any supplements or amendments) for the Account identified on page 1 of Part 1. When you use the Account, or sign or keep the Card, you agree to its terms. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.
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This document together with Part 1 and Part 3 make up the Card Member Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.
If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.
Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.
Qualifications & exceptions
The cancel-without-fees right applies only if you have neither used the Account nor made a payment after receiving a billing statement.
Legal Rights & Agreement Rules · Permission or license
American Express may change the Agreement, subject to applicable law; the written Agreement cannot be changed orally
American Express may change the Agreement, subject to applicable law. The written Agreement is a final expression of the agreement governing the Account and may not be modified or amended by any alleged oral agreement.
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We may change this Agreement, subject to applicable law. This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be modified or amended by any alleged oral agreement.
Qualifications & exceptions
The right to change is stated as "subject to applicable law."
Not stated here
This passage does not state a notice period, an opt-out right or how a change takes effect; any such terms would have to come from other text or from law.
"We" is the issuer, "you" the applicant (Primary Card Member), and a Card is any device that accesses the Account
"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, called the Basic or Primary Card Member. You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members. "Card" means any American Express Card or other device that American Express issues to access your Account.
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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 Additional Cards (which include Companion Cards, if available) for Additional Card Members. Card means any American Express Card or other device that we issue to access your Account.
Legal Rights & Agreement Rules · User right or choice
Military Lending Act notice: credit cost to Armed Forces members and dependents generally may not exceed a 36% APR
The Military Lending Act notice says federal law protects members of the Armed Forces and their dependents in extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and dependent may not exceed an annual percentage rate of 36 percent, and that rate must include, as applicable, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (other than certain ones) and any participation fee (other than certain ones for a credit card account). The notice also gives 855-531-0379 for hearing the statement and a description of the payment obligation.
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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.
Qualifications & exceptions
Stated as a general rule ("In general") and tied to federal law; the notice does not itself apply the cap to this Card's rates.
Not stated here
The notice does not say whether the stated Pay Over Time, cash advance or penalty margins stay under 36% for a covered borrower.
Legal Rights & Agreement Rules · Restriction or exception
Covered borrowers under the Military Lending Act are not bound by the Arbitration provision, but can elect it
If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. However, the agreement says that if you elect arbitration, American Express will comply with its obligations under the Claims Resolution section.
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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
Only for a "covered borrower under the Military Lending Act"; the text does not define who qualifies beyond that phrase and the preceding notice.
Legal Rights & Agreement Rules · Restriction or exception
If American Express credits a disputed charge, you assign it your rights against the merchant (excluding tort claims)
If you dispute a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to it all rights and claims (excluding tort claims) against the merchant. You agree not to pursue any claim against the merchant for the credited amount, and to cooperate with American Express if it decides to pursue one.
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If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.
You agree that you will not pursue any claim against the merchant for the credited amount and you will cooperate with us if we decide to do so.
Qualifications & exceptions
Applies only if American Express chooses to credit the Account; tort claims are excluded from the assignment.
The restriction on pursuing the merchant covers "the credited amount."
Legal Rights & Agreement Rules · Permission or license
American Express may sell or assign the Agreement and your Account without notice; you may not assign yours
American Express may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement. American Express may also choose to delay enforcing, or not exercise, its rights; if it does, it does not waive its rights to exercise or enforce them on any other occasion.
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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 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.
Utah and federal law govern the Agreement; Maryland billing addresses add a Maryland statute election
Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. American Express states that it 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 the 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.
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Utah law and federal law govern this Agreement and your Account without regard to internal principles of conflicts of law. We entered into this Agreement with you in Utah, where we are located and hold your Account.
Maryland residents: If your Account has a Maryland billing address, we elect to offer your Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.
Qualifications & exceptions
The Maryland election applies only "to the extent, if any, that Maryland law applies" and only to Accounts with a Maryland billing address.
Not stated here
The text of Title 12, Subtitle 9 of the Maryland Commercial Law Article is not supplied here, so the card cannot say what that election means in practice.
Legal Rights & Agreement Rules · User right or choice
Claims Resolution covers mediation, arbitration and litigation; arbitration can be rejected within 45 days
The Claims Resolution section says most concerns can be resolved by calling Customer Service, and that if Customer Service cannot resolve a complaint, the section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision, which you may reject by sending written notice within 45 days after your first Card purchase. The rejection notice must be mailed to American Express, P.O. Box 981556, El Paso, TX 79998, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature (no one else may sign it). If it complies, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for your other currently open American Express Accounts will not apply to you, except for Corporate Card Accounts and claims subject to pending litigation or arbitration when you send the notice.
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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.
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.
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.
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 45 days run from your first Card purchase, and the notice must be mailed within that period.
Rejecting arbitration does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or other benefits.
"Claim" covers nearly any dispute tied to your Account, its advertising, benefits or third parties
For the Claims Resolution section, "you" and "us" include 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), 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 arising from or relating to any account created under the agreements or its balances, advertisements, promotions or statements about accounts, goods or services financed under them 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.
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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 carve-out is only for disputes about the validity, enforceability or scope of the Arbitration provision itself.
The text defines "Claim" for the whole section; the card here records scope, not whether a claim goes to mediation, arbitration or court.
Legal Rights & Agreement Rules · Procedure
Before suing, mediating or arbitrating, each side sends a written claim notice stating the relief demanded
Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to give an opportunity to resolve the claim informally or through mediation. The notice must describe the claim and state the specific relief demanded. A sample notice is at americanexpress.com/claim. Notice to you may be provided by your billing statement or sent to your billing address. Notice to American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.
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Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation.
The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.
If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.
Either side may submit a claim to JAMS or AAA mediation within 30 days of notice; American Express pays
In mediation a neutral mediator helps the parties resolve a claim without deciding it. Before mediation, you or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation, and American Express pays the mediator's fees. Mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation are tolled from the date the claim notice is sent until the mediation ends, and either side may terminate mediation at any time. Submitting or failing to submit a claim to mediation does not affect the right to elect arbitration.
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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
We will pay the fees of the mediator.
All mediation-related communications are confidential, inadmissible in court and not subject to discovery.
All applicable statutes of limitation will be tolled from the date you or we send the claim notice until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Either side may elect individual arbitration, which replaces court and jury trial and bars class participation
You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial on it, and neither has the right to participate in a representative capacity or as a member of any class for a claim subject to arbitration. The text says 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; claims may not be joined or consolidated unless you and it agree in writing; an award applies only to that case; and the arbitrator's decisions are as enforceable as any court order and subject to very limited review by a court. Except as set forth below, the decision is final and binding, and other rights you would have in court may also not be available. Exceptions and limits carried elsewhere in the section: American Express will not elect arbitration for an individual claim you file in small claims court and that is pending only in that court; otherwise either side may elect arbitration at any time unless the claim is in court and trial has begun or final judgment has been entered; and if the class and representative limits are held invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply.
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Arbitration: You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.
If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.
Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. 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.
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
Election is available to "you or we"; once any party elects, the court and jury trial rights for that claim are gone.
Small claims court is an exception only for individual claims pending only in that court, and only as to American Express electing arbitration.
Covered borrowers under the Military Lending Act are stated elsewhere not to be subject to the Arbitration provision, and a rejection notice within 45 days of the first Card purchase opts out.
Arbitration starts with a claim notice and goes to JAMS or AAA as chosen by the party electing it
Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims also may 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). You contact JAMS or AAA to begin an arbitration.
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Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.
Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Qualifications & exceptions
The Agreement's terms prevail over the organization's rules where they conflict.
Not stated here
The text of section 5 of the Federal Arbitration Act and the JAMS and AAA rules are not supplied here, so the card cannot say what they provide.
"Select the other" is read as the other of JAMS or AAA; the passage does not spell this out.
Legal Rights & Agreement Rules · Restriction or exception
American Express will not elect arbitration for individual small claims cases; election is otherwise open until trial
American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise, you or American Express may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing, or not exercise, rights under the Arbitration provision (including the right to arbitrate a claim) without waiving the right to exercise or enforce them.
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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 commitment is American Express's only; it is limited to individual claims pending only in that court.
The text says nothing here about whether you can later elect arbitration against your own small claims filing.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is on an individual basis only, and if that limit is held invalid the whole Arbitration provision falls away
If either party elects arbitration, the claim is arbitrated on an individual basis. There is no right or authority for claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. Notwithstanding any other provision, and without waiving the right to appeal such a decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply.
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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.
you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration
Qualifications & exceptions
The invalidity clause applies to "these Limitations on Arbitration"; the text does not say who decides invalidity.
The FAA governs arbitration; substantive law applies but not civil procedure or evidence rules
The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, and does not apply federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. Judgment on any award may be entered in any court having jurisdiction. At your election, arbitration hearings take place in the federal judicial district of your residence.
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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.
Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.
Qualifications & exceptions
Hearing location is at your election and is in the federal judicial district of your residence.
Not stated here
The text of the FAA is not supplied here, so the card cannot say what it provides beyond what the Agreement states.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is confidential, but either side may notify government authorities of the claim
The Agreement says you and American Express agree the arbitration will be confidential, and that "we will not disclose the content of the arbitration proceeding or its outcome to anyone," but that you or American Express may notify any government authority of the claim as permitted or required by law.
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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.
Qualifications & exceptions
The notice carve-out lets either side tell a government authority about the claim as permitted or required by law.
Not stated here
The wording "You and we agree that we will not disclose" does not make clear whether the nondisclosure duty binds only American Express or both parties; the card quotes it and does not resolve it.
Legal Rights & Agreement Rules · User right or choice
For claims of $10,000 or less you choose a documents, telephone or in-person hearing
If your claim is for $10,000 or less, you may choose whether the arbitration is 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.
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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.
An arbitration award is final and binding subject to a 35-day notice of appeal to a three-arbitrator panel
The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and/or to challenge or appeal an award under the FAA. To start an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to, and the appeal otherwise follows the organization's appellate rules.
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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.
Qualifications & exceptions
The 35 days run from when 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 and the FAA's review provisions are not supplied here.
Legal Rights & Agreement Rules · Company commitment
You pay arbitration fees only up to the court filing fee you would have paid; American Express pays the rest
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.
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Arbitration Fees and Costs: You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.
Qualifications & exceptions
The advance or expert-fee payment is only a commitment to "consider in good faith," not a promise to pay.
Legal Rights & Agreement Rules · User right or choice
If the arbitrator awards more than American Express's final offer, the award is at least $5,000 plus fees and costs
If the arbitrator rules in your favor for an amount greater than any final offer American Express made before the final hearing in arbitration, the arbitrator's award will include (1) any money to which you are entitled, but in no case less than $5,000, and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
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Additional Arbitration Awards: If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include:
(1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Qualifications & exceptions
Applies only if the award exceeds any final offer American Express made before the final hearing.
The $5,000 floor is for the money part of the award; fees and costs are a separate item.
Legal Rights & Agreement Rules · User right or choice
To reject arbitration, mail a signed notice within 45 days of your first Card purchase; other open Accounts are covered
You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature; no one else may sign it. If it complies, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for your other currently open American Express Accounts will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejection 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.
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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 deadline is "mailed within 45 days after your first Card purchase," a fixed window tied to your first purchase.
The Military Lending Act paragraph in Part 2 separately says the Arbitration provision does not apply to covered borrowers.
Claims Resolution survives closure, payoff, bankruptcy and sale of the Account; invalid parts do not void the rest
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 the Account is sold, its terms apply to the buyer). If any portion of the Claims Resolution section is deemed invalid or unenforceable, it does not invalidate the remaining portions, except as otherwise provided in the Limitations on Arbitration subsection, under which invalidity of those limits voids the Arbitration provision.
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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.
We may sell, transfer or assign this Agreement and your Account.
Qualifications & exceptions
The severability rule does not apply to the Limitations on Arbitration, which are handled by their own invalidity clause.