Part 1 of the Blue Cash Everyday agreement is issued by American Express National Bank, dated as of 06/30/2026
This is Part 1 of 3 of the Card Member Agreement for the Blue Cash Everyday card from American Express. It states an "As of" date of 06/30/2026 and names American Express National Bank as the issuer. Before Part 2 begins, the text holds the Rates and Fees Table, an explanation of how rates and fees work, and a Supplement on the rewards program; Parts 2 and 3 follow in the same document.
Details
Who
American Express National Bank (issuer)
What it covers
Card Member Agreement, Part 1 of 3, Blue Cash Everyday 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
Blue Cash Everyday® from American Express
Qualifications & exceptions
The date is labeled "As of"; the text does not call it an effective date.
Not stated here
The document does not say whether 06/30/2026 is an effective date, a publication date or something else, and it names no future version.
Legal Rights & Agreement Rules · User right or choice
Parts 1-3 and any supplements or amendments make up the Card Member Agreement; a copy is available on request
Part 1, Part 2, Part 3 and any supplements or amendments make up the 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 plus supplements and amendments
What it does
Request a copy through the online account or by phone
Supporting quotations
Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.
You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.
Using the Account or signing or keeping the Card means you agree; before use you can cancel without fees
This Part 2 document, 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 it. When you use the account (or you sign or keep the Card), you agree to its terms. If you have not yet used the account or made a payment on it after receiving a billing statement, you can cancel your Card without obligation to pay any fees.
Details
What it does
Using the Account, or signing or keeping the Card, is agreement to the terms
Condition
Not yet used the Account or made a payment after receiving a billing statement: cancel without fees
Supporting quotations
Card Member Agreement: Part 2 of 3
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
Acceptance is by using the Account, signing the Card or keeping the Card.
The no-fee cancellation applies only if you have not yet used the Account or made a payment after receiving a billing statement.
Not stated here
The text does not say how long a person may keep a Card before keeping it counts as agreeing, or how the cancellation is made.
Legal Rights & Agreement Rules · Permission or license
The issuer may change the Agreement subject to law; the written Agreement is final and cannot be changed orally
The issuer may change the Agreement, subject to applicable law. The written Agreement is a final expression of the agreement governing the Account, and it may not be modified or amended by any alleged oral agreement.
Details
Who
American Express (issuer)
What it does
May change the Agreement, 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
Changes are "subject to applicable law".
Not stated here
This passage does not say how or when you are told about a change, whether you can decline it, or when it takes effect; those details are not in this section.
"We" is the issuer and "you" is the person who applied, called the Basic or Primary Card Member
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 the issuer 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 the issuer issues to access your account.
Details
Who
Issuer shown on page 1 of Part 1 ("we"); Basic or Primary Card Member ("you")
Supporting quotations
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.
Legal Rights & Agreement Rules · User right or choice
Covered members of the Armed Forces and dependents get a 36% annual percentage rate cap that includes certain fees
The agreement states that federal law protects members of the Armed Forces and their dependents in extensions of consumer credit. In general, the cost of consumer credit to such a member and dependent may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable to the credit transaction or account, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (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).
Details
Who
Members of the Armed Forces and their dependents
What it covers
Cost of consumer credit not to exceed an annual percentage rate of 36 percent
Supporting quotations
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit.
In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent.
This rate must include, as applicable to the credit transaction or Account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or Accounts); and any participation fee (other than certain participation fees for a credit Card Account).
Qualifications & exceptions
Stated "in general", with the exclusions named for certain application and participation fees.
Not stated here
The text does not say how this cap relates to the variable APRs and the 29.99% limit in Part 1.
Legal Rights & Agreement Rules · User right or choice
Covered borrowers under the Military Lending Act are not subject to the Claims Resolution arbitration provision
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, if you elect arbitration, the issuer will comply with its obligations under the Claims Resolution section. The text also gives a phone number, 855-531-0379, to listen to the Military Lending Act statement and a description of your payment obligation.
Details
Who
Covered borrower under the Military Lending Act
Exception
The Claims Resolution Arbitration provision does not apply to the covered borrower
Supporting quotations
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.
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
Applies to a covered borrower under the Military Lending Act in connection with this account.
Not stated here
The text does not define who a covered borrower is beyond the Military Lending Act reference, and does not say what happens if only the covered borrower's arbitration election is made.
Notices go by U.S. mail, courier or electronically and count as given when mailed or delivered electronically
The issuer 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
What it does
Sends notices by U.S. mail, courier or electronically
When
Notice is given when mailed or delivered electronically
Supporting quotations
Card Member Agreement: Part 3 of 3
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 counts as given when sent, not when you receive it.
Legal Rights & Agreement Rules · Restriction or exception
If the issuer credits a disputed charge, you assign your claims against the merchant to the issuer and must cooperate
If you dispute a charge with a merchant, the issuer may credit the account for all or part of the disputed charge. If it does, you assign and transfer to 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 you must cooperate with the issuer if it decides to pursue the claim.
Details
Condition
You dispute a charge with a merchant and the issuer credits the Account for all or part of it
What it does
Assign claims against the merchant; do not pursue the credited amount; cooperate
Supporting quotations
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
The assignment excludes tort claims and applies only if the issuer credits the account.
Legal Rights & Agreement Rules · Restriction or exception
The account may be treated as in default for violations, false information, bankruptcy or doubts about payment
The issuer may consider your account to be in default if you violate a provision of the Agreement, give false information, file for bankruptcy, default under another agreement you have with the issuer or an affiliate, or if the issuer believes you are unable or unwilling to pay your debts when due.
Details
Condition
Violation of the Agreement, false information, bankruptcy, default under another agreement with the issuer or an affiliate, or belief you are unable or unwilling to pay
Supporting quotations
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
"May consider" gives the issuer discretion; the last trigger rests on what the issuer believes.
Not stated here
The text of any other agreement with the issuer or an affiliate is not supplied here, so what a default under it requires is not stated.
Legal Rights & Agreement Rules · Permission or license
On default, incapacity or death the issuer may suspend charges, cancel features and demand more or the full balance
If the issuer considers the 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 the account, require you to pay more than your Minimum Payment Due immediately, and require you to pay your account balance immediately.
Details
Condition
Account in default, or you become incapacitated or die
What it does
Suspend charges, cancel or suspend features, require more than the Minimum Payment Due or the full balance immediately
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
Available "to the extent permitted by federal and applicable state law".
Applies on default, incapacity or death.
Legal Rights & Agreement Rules · Permission or license
The issuer may assign the Agreement and your account without notice; you may not; delay is not a waiver
The issuer may sell, transfer or assign the Agreement and your account at any time without notifying you. You may not sell, assign or transfer your account or any of your obligations under the Agreement. The issuer may choose to delay enforcing or not exercise its rights, and doing so does not waive its right to exercise or enforce them on any other occasion.
Details
What it does
Issuer may sell, transfer or assign the Agreement and Account at any time without notice
Exception
You may not sell, assign or transfer your Account or obligations
Supporting quotations
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.
Legal Rights & Agreement Rules · Context
Utah and federal law govern the Agreement; Maryland-billed accounts are offered under a Maryland statute if it applies
Utah law and federal law govern the Agreement and your account, without regard to internal principles of conflicts of law. The issuer says it entered into the Agreement with you in Utah, where it is located and holds your account. For Maryland residents, if the account has a Maryland billing address, the issuer 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 the account.
Details
Where
Utah (and federal law); Maryland billing address
What it covers
Governing law of the Agreement and Account
Supporting quotations
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 where the account has a Maryland billing address and only to the extent, if any, that Maryland law applies.
Not stated here
The text of the cited Maryland Commercial Law Article provision is not supplied here, so what the election changes is not stated.
Legal Rights & Agreement Rules · User right or choice
Oregon notice: service charges within legal limits apply, and you may pay more than the minimum at any time
Under a 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, and you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
Details
Where
Oregon residents
What it does
Pay more than the Minimum Payment Due, up to the entire outstanding balance, at any time
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.
Legal Rights & Agreement Rules · User right or choice
Washington notice: interest caused solely by delay in posting a return credit is not your responsibility
Under a notice for residents of Washington State, citing Section 63.14.167 of the Revised Code of Washington Statutes, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to the issuer within seven working days a credit for goods or services accepted for return or forgiven, if you have notified the issuer of the merchant's delay in posting the credit, or from the issuer's failure to post the credit to your account within three working days of receiving it.
Details
Where
Washington State residents
Condition
Interest results solely from a merchant's or the issuer's delay in posting a return credit
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
Addressed to residents of Washington State.
The merchant-delay protection depends on you having notified the issuer of the merchant's delay.
Not stated here
The text of the cited Washington statute is not supplied here, and this card does not describe its contents beyond the notice.
Call Customer Service first; Claims Resolution covers mediation, arbitration and litigation; arbitration can be rejected
Most customer concerns can be resolved by calling Customer Service at the number on the back of your Card. If Customer Service cannot resolve a complaint to your satisfaction, the Claims Resolution 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 (see Your Right to Reject Arbitration).
Details
What it does
Call Customer Service first; claims may be resolved through mediation, arbitration or litigation
When
Reject the arbitration provision within 45 days after your first Card purchase
Supporting quotations
Claims Resolution
Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card.
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.
Your rejection notice must be mailed within 45 days after your first Card purchase.
Qualifications & exceptions
The rejection right is time-limited to 45 days after your first Card purchase.
Not stated here
The details of how to reject, and the effect of rejection, are in the Your Right to Reject Arbitration subsection and are covered in its own card.
"You" and "us" in Claims Resolution include corporate parents, subsidiaries, affiliates and related persons or entities
For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. A claim may not be sold, assigned or transferred by you.
Details
Who
You and the issuer, including corporate parents, subsidiaries, affiliates and related persons or entities
Exception
You may not sell, assign or transfer a claim
Supporting quotations
For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities.
"Claim" covers any dispute about your accounts, the Agreement or your relationship with the issuer, including rewards
A Claim means any current or future claim, dispute or controversy relating to your accounts, the Agreement, or any agreement or relationship you have or had with the issuer, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements, advertisements, promotions or statements about accounts or financed goods or services, 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.
Details
What it covers
Any claim, dispute or controversy relating to your accounts, the Agreement, or any relationship with the issuer
Exception
Validity, enforceability or scope of the Arbitration provision
Supporting quotations
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.
(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.
Qualifications & exceptions
The definition says "includes but is not limited to", so the listed types are not exhaustive.
Disputes about the validity, enforceability or scope of the Arbitration provision itself are excluded from the definition of a Claim.
Before a lawsuit, mediation or arbitration each side sends a written claim notice stating the relief demanded
Before beginning a lawsuit, mediation or arbitration, you and the issuer agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve the claim informally or through mediation. The 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 the issuer must include your name, address and account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. A sample is at americanexpress.com/claim. If the claim goes to arbitration, the relief amount in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.
Details
What it does
Send a written claim notice before a lawsuit, mediation or arbitration
What it covers
Notice describes the claim and the specific relief demanded; notice to the issuer goes to American Express ADR c/o CT Corporation System
Supporting quotations
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.
Legal Rights & Agreement Rules · User right or choice
Either side may submit a claim to JAMS or AAA mediation within 30 days after a claim notice; the issuer pays
In mediation a neutral mediator helps the parties resolve a claim but does not decide it. Before mediation, you or the issuer must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or the issuer may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. The issuer pays the fees of the mediator.
Details
What it does
Submit the claim to JAMS or AAA for mediation within 30 days after a claim notice
What it covers
The issuer pays the mediator's fees
Supporting quotations
In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement.
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
Submission to mediation must happen within 30 days after sending or receiving a claim notice.
Legal Rights & Agreement Rules · Context
Mediation is confidential, limitation periods pause during it, and it does not affect 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 a claim notice is sent until the mediation ends. Either side may terminate the mediation at any time, and submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.
Details
When
Statutes of limitation tolled from the claim notice until termination of the mediation
What it covers
Mediation communications confidential and inadmissible
Supporting quotations
All mediation-related communications are confidential, inadmissible in court and not subject to discovery.
All applicable statutes of limitation will be tolled from the date you or we send the claim notice until termination of the mediation.
Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.
Legal Rights & Agreement Rules · User right or choice
Either side may elect individual arbitration; the issuer will not elect it for your individual small claims case
You or the issuer may elect to resolve any claim by individual arbitration, and claims are decided by a neutral arbitrator. The issuer will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or the issuer 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.
Details
What it does
Elect individual arbitration of any claim
Exception
No election of arbitration for an individual claim you file in small claims court
When
At any time unless the case has been filed in court and trial has begun or final judgment entered
Supporting quotations
Arbitration: You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.
We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.
You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.
Qualifications & exceptions
The small claims carve-out applies only to claims you file that are individual and pending only in small claims court.
Election is blocked once trial has begun or final judgment has been entered in court.
Legal Rights & Agreement Rules · Restriction or exception
If arbitration is chosen: no court, jury, class or representative action, and a final decision with limited review
If any party chooses arbitration, neither you nor the issuer can litigate that claim in court or have a jury trial on it, and neither can participate in a representative capacity or as a class member for 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 the issuer 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, and except as set out in the appeal provisions the decision is final and binding. Other rights you or the issuer would have in court may also not be available. The Arbitration provision is governed by the FAA.
Details
Condition
Any party chooses arbitration
What it does
No court litigation, jury trial, class or representative participation, or joinder without written agreement
What it covers
Final and binding decision with very limited court review, except as set forth below
Supporting quotations
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.
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.
This Arbitration provision is governed by the FAA.
Qualifications & exceptions
Applies to claims where any party chooses arbitration.
"Except as set forth below" refers to the appeal right described later in the section.
Arbitration starts through JAMS or AAA after a claim notice; you have 30 days to pick the other if the issuer chooses
Before beginning arbitration, you or the issuer must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If the issuer chooses the organization, you may select the other within 30 days after receiving notice of the issuer's selection. Claims may also be referred to another arbitration organization if you and the issuer agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Details
What it does
Refer the claim to JAMS or AAA, as selected by the party electing arbitration
When
You may select the other organization within 30 days after notice of the issuer's selection
Supporting quotations
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 controls where the organization's rules conflict with it.
Not stated here
The text of the cited Federal Arbitration Act provision and the JAMS and AAA rules is not supplied here, so what they provide is not stated.
Legal Rights & Agreement Rules · User right or choice
No issuer-elected arbitration of your individual small claims case; delay in enforcing arbitration is no waiver
The issuer will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or the issuer 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 of you 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
The issuer will not elect arbitration for an individual claim you file in small claims court
Condition
Election blocked once trial has begun or final judgment 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 promise covers only claims you file that are individual and pending only in small claims court.
Legal Rights & Agreement Rules · Restriction or exception
Arbitrated claims are decided individually, with no class or representative claims for the public or others
If either party elects arbitration, that claim is arbitrated on an individual basis. There is no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.
Details
Condition
Either party elects arbitration
What it does
Arbitrate individually; no class or representative claims
Supporting quotations
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.
Legal Rights & Agreement Rules · Restriction or exception
If the Limitations on Arbitration are found invalid, the whole Arbitration provision stops applying
Notwithstanding any other provision and without waiving the right to appeal that decision, if any portion of the Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Details
Condition
Any portion of the Limitations on Arbitration is deemed invalid or unenforceable
What it does
The entire Arbitration provision (other than this sentence) does not apply
Supporting quotations
Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Qualifications & exceptions
Triggered if any portion of the Limitations on Arbitration is deemed invalid or unenforceable.
The sentence itself continues to apply.
Not stated here
The text does not say who decides whether the Limitations on Arbitration are invalid.
The arbitrator applies substantive law and privileges, not court procedure or evidence rules, and may award court relief
The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does 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. Hearings take place, at your election, in the federal judicial district of your residence.
Details
What it covers
FAA-governed arbitration applying substantive law, statutes of limitations and privileges, not court rules of procedure or evidence for discovery
Where
Hearing in the federal judicial district of your residence, at your election
Supporting quotations
Arbitration Procedures: This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges.
The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery.
Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.
At your election, arbitration hearings will take place in the federal judicial district of your residence.
Legal Rights & Agreement Rules · Restriction or exception
The arbitration and its outcome are confidential, though a government authority may be notified as the law permits
You and the issuer agree that the arbitration will be confidential. The text then says "we will not disclose the content of the arbitration proceeding or its outcome to anyone", but that you or the issuer may notify any government authority of the claim as permitted or required by law.
Details
What it covers
Content and outcome of the arbitration proceeding
Exception
Notifying a government authority as permitted or required by law
Supporting quotations
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.
Not stated here
The non-disclosure clause says "we will not disclose" in a sentence that begins "You and we agree"; the text does not make clear whether the duty not to disclose binds you as well as the issuer, beyond the agreement that the arbitration will be confidential.
Legal Rights & Agreement Rules · User right or choice
For claims of $10,000 or less you choose a documents-only, phone or in-person hearing
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award.
Details
Condition
Your claim is for $10,000 or less
What it does
Choose documents only, telephonic hearing, or in-person hearing
Supporting quotations
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing.
At any party's request, the arbitrator will provide a brief written explanation of the award.
Qualifications & exceptions
The choice of hearing format applies to claims of $10,000 or less.
Legal Rights & Agreement Rules · User right or choice
An arbitration award is final and binding, but either side can appeal within 35 days to a three-arbitrator panel
The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and to challenge or appeal an 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 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 organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.
Details
When
Notify the arbitration organization and all parties in writing within 35 days after the award
What it does
A three-arbitrator panel decides anew any aspect objected to 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.
Legal Rights & Agreement Rules · Company commitment
You pay arbitration fees only up to a court filing fee; the issuer pays the rest and may consider advancing your share
You are responsible for your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. The issuer is responsible for any additional arbitration fees. At your written request, the issuer will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.
Details
What it covers
Your share of arbitration fees limited to the court filing fee amount; the issuer pays additional fees
What it does
The issuer will consider in good faith an advance or paying an expert's fees on your written request
Supporting quotations
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 something the issuer will "consider in good faith" at your written request.
Legal Rights & Agreement Rules · User right or choice
If the award beats the issuer's final offer it includes at least $5,000 plus reasonable attorneys' fees and costs
If the arbitrator rules in your favor for an amount greater than any final offer the issuer made before the final hearing in arbitration, the award will include any money to which you are entitled, but in no case less than $5,000, and any reasonable attorneys' fees, costs and expert and other witness fees.
Details
Condition
Arbitrator rules in your favor for more than the issuer's final offer before the final hearing
What it covers
Money you are entitled to (not less than $5,000) plus reasonable attorneys' fees, costs and expert and witness fees
Supporting quotations
Additional Arbitration Awards: If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include:
(1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.
Qualifications & exceptions
Applies only if the award is greater than any final offer the issuer made before the final hearing.
Legal Rights & Agreement Rules · User right or choice
To reject arbitration, mail a signed written notice to the stated address within 45 days after 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 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.
Details
What it does
Mail a signed written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998
When
Within 45 days after your first Card purchase
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.
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.
Qualifications & exceptions
The deadline is 45 days after your first Card purchase.
The notice needs your own signature; no one else may sign it.
Legal Rights & Agreement Rules · User right or choice
A valid rejection removes arbitration for this and other open Amex accounts, except Corporate Cards and pending claims
If your rejection notice complies with the requirements, the Arbitration provision, and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have, will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration 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, and does not affect your ability to use your Card or any other benefit, product or service you may have with your account.
Details
Condition
The rejection notice complies with the requirements
Exception
Corporate Card accounts and claims subject to pending litigation or arbitration
Supporting quotations
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
Applies only if the rejection notice meets the stated requirements.
Corporate Card accounts and claims already in pending litigation or arbitration are excluded.
Legal Rights & Agreement Rules · Restriction or exception
The Claims Resolution section survives account termination, payoff, collection suits, bankruptcy and sale of the account
The Claims Resolution section survives termination of your account, voluntary payment of your account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your account; in a sale, its terms apply to the buyer. If any portion of the section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions.
Details
When
Survives termination of the Account, payoff, collection proceedings, bankruptcy and sale of the Account
What it covers
Invalid portions do not invalidate the remaining Claims Resolution section
Supporting quotations
Continuation: This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account).
If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.
Qualifications & exceptions
Invalidity of a portion does not void the rest, except that invalid Limitations on Arbitration void the Arbitration provision.