Part 1 is dated as of 06/30/2026 and names American Express National Bank as issuer
This is Part 1 of 3 of the Card Member Agreement for the Platinum Card from American Express Exclusively for Charles Schwab. The page states it is "As of: 06/30/2026" and names American Express National Bank as the issuer.
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Card Member Agreement: Part 1 of 3
As of: 06/30/2026 Issuer: American Express National Bank
Platinum Card® from American Express Exclusively for Charles Schwab
Qualifications & exceptions
The 06/30/2026 date is labeled "As of"; the page does not say whether that is an effective date, a revision date or a print date.
Not stated here
The page does not say when this version takes effect for an existing Card Member.
Legal Rights & Agreement Rules · Context
The Consumer Financial Protection Bureau offers credit card tips at consumerfinance.gov
The table points readers to the website of the Consumer Financial Protection Bureau for tips on factors to consider when applying for or using a credit card.
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To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.
Legal Rights & Agreement Rules · Procedure
The Card Member Agreement is Parts 1, 2 and 3 plus supplements and amendments, and you can request a copy
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.
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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, which is Parts 1, 2 and 3 plus supplements
This 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 the terms of the Agreement.
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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.
Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.
Qualifications & exceptions
Part 1, Part 2, Part 3 and any supplements or amendments are described the same way elsewhere in the document.
Legal Rights & Agreement Rules · Permission or license
American Express may change the Agreement subject to applicable law, and oral side agreements do not count
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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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.
Not stated here
This sentence does not say how or whether American Express will give notice of a change, or whether you can reject one.
"You" is the applicant for the Account, the Basic Card Member; Additional Cards are for Additional Card Members
"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, also 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 issued to access your Account. American Express may issue Additional Cards at your request.
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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.
We may issue Additional Cards on your Account at your request.
Charge, purchase, person-to-person transaction, plan and Closing Date are defined terms
A charge is any amount added to your Account, such as purchases, cash advances, fees and interest charges. A purchase is a charge for goods, services, or person-to-person transactions. 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 through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period covered by the statement.
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A charge is any amount added to your Account, such as purchases, cash advances, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions.
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 through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.
Qualifications & exceptions
Person-to-person transactions are counted as purchases under this definition.
The Military Lending Act limits the cost of consumer credit to covered borrowers to a 36% annual percentage rate
The agreement describes federal law protections for members of the Armed Forces and their dependents. In general, the cost of consumer credit to such a member and dependent may not exceed an annual percentage rate of 36 percent. The rate must include, as applicable, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (other than certain exceptions) and any participation fee (other than certain participation fees for a credit card account).
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Military Lending Act: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee (other than certain participation fees for a credit card account).
Qualifications & exceptions
The agreement presents this as a general description ("In general") of federal law.
Not stated here
The text does not say which fees on this Account count toward the 36 percent figure.
Legal Rights & Agreement Rules · Restriction or exception
Covered borrowers under the Military Lending Act are not subject to the arbitration provision, but can elect arbitration
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, American Express says it will comply with its obligations under the Claims Resolution section. You can call 855-531-0379 to listen to this statement and a description of your payment obligation for the Account.
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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 exception is limited to this Account and to the Arbitration provision, not to the rest of Claims Resolution.
Not stated here
The text does not define who is a "covered borrower" beyond the reference to the Military Lending Act.
Legal Rights & Agreement Rules · Restriction or exception
American Express may sell or assign the Agreement and Account without telling you; you may not transfer 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.
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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.
Legal Rights & Agreement Rules · Restriction or exception
Delaying or not enforcing a right does not waive it
American Express may choose to delay enforcing, or to not exercise, rights under the Agreement. If it does, it does not waive its rights to exercise or enforce them on any other occasion.
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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.
Utah and federal law govern the Agreement, with a Maryland election for Maryland billing addresses
Utah law and federal law govern the Agreement and your Account without regard to internal principles of conflicts of law. The Agreement says it was entered into with you in Utah, where American Express is located and holds your Account. Maryland residents: if your Account has a Maryland billing address, American Express elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies.
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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 limited to Accounts with a Maryland billing address and applies only to the extent Maryland law applies.
Not stated here
The text of the Maryland law is not supplied here, so what the election changes is not stated.
Legal Rights & Agreement Rules · User right or choice
Oregon residents: service charges are limited to those permitted by law and you may pay more than the minimum
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.
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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 · Restriction or exception
Arbitration can be elected until trial or judgment, small claims cases are exempt, and delay waives nothing
American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise, you or American Express may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing, or not exercise, rights under the Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
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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.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is individual only, and the provision falls away if the no-class limit is invalid
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. 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.
Qualifications & exceptions
The invalidity sentence applies "notwithstanding any other provision" and without waiving the right to appeal that decision.
The FAA governs; the arbitrator applies substantive law but not court procedure or evidence rules
The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but 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. 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. 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.
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 relief the arbitrator may award is subject to the individual-only limit.
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The text of the Federal Arbitration Act is not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
The arbitration is confidential, and the nondisclosure wording is unclear about who is bound
The Arbitration provision says that you and American Express agree the arbitration will be confidential, and then that you and American Express agree "that we will not disclose the content of the arbitration proceeding or its outcome to anyone," but either of you 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 sentence says "You and we agree that we will not disclose"; read literally, "we" could mean American Express alone or both parties, and the section does not say which.
Not stated here
Whether the nondisclosure duty binds you as well as American Express is not clear from the wording.
An arbitration award is final and binding but can be appealed within 35 days to a three-arbitrator panel
The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and/or to challenge or appeal an award under the FAA. To start an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The organization appoints a three-arbitrator panel that decides anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the organization's appellate rules. Judgment on any award may be entered in any court having jurisdiction.
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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. Judgment upon any award may be entered in any court having jurisdiction.
Qualifications & exceptions
This is an appeal inside arbitration, separate from the "very limited review" by a court mentioned earlier in the section.
Legal Rights & Agreement Rules · Company commitment
You pay your share of arbitration fees only up to the court filing fee, and American Express pays the rest
You are responsible for your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. American Express is responsible for any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of any arbitration fees, or paying 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 and expert-fee help are only a promise to consider in good faith, not a promise to pay.
Legal Rights & Agreement Rules · User right or choice
If the award beats American Express's final offer, you get at least $5,000 plus attorneys' 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, the award includes (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
The $5,000 floor applies only when the award exceeds American Express's last offer made before the final hearing.
Not stated here
The section does not say what happens if no final offer was made.
Legal Rights & Agreement Rules · User right or choice
Reject arbitration by mailing a signed notice within 45 days of your first purchase; it also covers other open accounts
You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998; a sample notice is at americanexpress.com/reject. The notice must be mailed within 45 days after your first Card purchase, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature. No one else may sign it. If the notice 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. Rejecting does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or any other benefit, product or service.
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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 rejection reaches your other open American Express Accounts, with the stated exceptions.
The Claims Resolution section survives closing the Account, bankruptcy and a 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 does not invalidate the remaining portions.
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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. We may do so at any time without notifying you.
Qualifications & exceptions
American Express may sell, transfer or assign the Agreement and your Account at any time without notifying you.
Notices are sent by mail, courier or electronically and count as given when mailed or delivered
American Express sends notices by U.S. mail, courier, or electronically using the information in its records. A notice is considered given when it is mailed or delivered electronically.
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How we may contact you:
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 counts when sent, not when you read it.
Legal Rights & Agreement Rules · Restriction or exception
If American Express credits a disputed charge, you assign it your claims against the merchant for that amount
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 American Express 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 the merchant.
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Disputed charges: If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.
You agree that you will not pursue any claim against the merchant for the credited amount and you will cooperate with us if we decide to do so.
Qualifications & exceptions
Tort claims are excluded from the assignment.
Legal Rights & Agreement Rules · Context
The Schwab Private Wealth Services and Advisor Services programs have their own terms that this document does not supply
The supplement says Terms and Conditions apply to the Schwab Private Wealth Services program and to the Advisor Services Ultra-High Net Worth program, and gives Schwab web addresses for more information.
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Terms and Conditions apply to the Schwab Private Wealth Services program including; visit schwab.com/ programdetails for more information.
Terms and Conditions apply to the Advisor Services Ultra-High Net Worth program; visit client.schwab.com/secured/ alliance/products/ultra-high-net-worth-program-details for more information.
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The terms of those programs are on Schwab websites that are not part of this document, so what they require for membership is unknown here.
Legal Rights & Agreement Rules · User right or choice
Disputes start with customer service, then mediation, arbitration or court; arbitration can be rejected in 45 days
Most 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, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase.
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Claims Resolution
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 rejection notice must be mailed within 45 days after your first Card purchase.
Qualifications & exceptions
The rejection procedure and what it covers are set out in Your Right to Reject Arbitration, which says the notice must be mailed within 45 days after your first Card purchase.
"You" and "us" include parents, subsidiaries and affiliates, and a Claim covers almost any dispute about your Account
In 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. A Claim includes initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; and claims by or against any third party using or providing any product, service or benefit in connection with any account.
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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
Qualifications & exceptions
Disputes about the validity, enforceability or scope of the Arbitration provision itself are carved out of the definition of Claim.
Not stated here
This section does not say who decides disputes about the validity, enforceability or scope of the Arbitration provision.
Legal Rights & Agreement Rules · Context
Claims also cover advertising, Card benefits, rewards and your application, and cannot be sold or assigned
Claims also include claims that arise from or relate to any account created under any of the agreements or any balances on such an account; advertisements, promotions or statements related to 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.
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(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 names benefit programs and rewards programs related to Card Membership without listing which programs those are.
Legal Rights & Agreement Rules · Procedure
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 American Express 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; a sample 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 goes 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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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.
Legal Rights & Agreement Rules · Procedure
Either side may use JAMS or AAA mediation within 30 days of a claim notice; American Express pays the mediator
In mediation, a neutral mediator helps the parties resolve a claim but does not decide it. Before mediation, you or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either side may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. American Express will pay the fees of the mediator.
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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.
Legal Rights & Agreement Rules · Restriction or exception
Mediation is confidential, pauses time limits and can be ended by either side without blocking arbitration
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 either side's right to elect arbitration.
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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, ending court and jury rights, except small claims court cases
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 you nor American Express has the right to litigate that claim in court or have a jury trial on it. 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, either side 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.
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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.
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.
Qualifications & exceptions
The agreement says other rights you would have in court may also not be available in arbitration.
Covered borrowers under the Military Lending Act are not subject to the Arbitration provision under an earlier section of this Agreement (see that card), and you may reject the Arbitration provision within 45 days after your first Card purchase.
Arbitration is the choice of either party, so American Express can elect it even if you started the claim in court (before trial begins or judgment is entered).
Legal Rights & Agreement Rules · Restriction or exception
Arbitrated claims cannot be class, representative or joined, and the provision falls if that limit is invalid
If arbitration is chosen, you and American Express 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 American Express alone, and claims may not be joined or consolidated unless you and American Express agree in writing. If any portion of the Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply.
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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.
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 invalidity sentence is written to apply "notwithstanding any other provision" and without waiving the right to appeal such a decision.
Arbitration is simpler than court with limited discovery, and decisions are final with very limited court review
Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. An arbitration award and any judgment confirming it applies 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 in the rest of the section, the arbitrator's decision is final and binding.
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Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited.
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.
Qualifications & exceptions
The rest of the section describes an appeal process within the arbitration organization (see the arbitration procedures card).
JAMS or AAA hears arbitration as the electing party chooses; you pick the other if American Express chooses
Before arbitration begins, 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 resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims may also be referred to another arbitration organization if you and American Express agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
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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).
Not stated here
The text of the Federal Arbitration Act is not supplied here.