Amex Offers Terms and Conditions

Legal Rights & Agreement Rules · Context

This version is dated "Last Modified: July 2026"

The page labels this version of the U.S. Amex Offers Program Terms with a "Last Modified" date of July 2026. The text gives no separate effective date and no information about earlier or later versions.

Supporting quotations

Last Modified: July 2026

Qualifications & exceptions

• The only date shown is a last-modified label, not a stated effective date.

Not stated here

• No effective date, prior version history or announced successor version is supplied in this source.

Legal Rights & Agreement Rules · Restriction or exception

Enrolling in or using Amex Offers means you agree to these terms

By enrolling in or using Amex Offers you agree to be bound by the U.S. Offers Program Terms. If you do not agree, you may not take part in the Amex Offers Program.

Supporting quotations

These U.S. Amex Offers Program Terms and Conditions (“Offers Program Terms”) govern your participation in the Amex Offers Program. By enrolling in or using Amex Offers, you agree to be bound by these Offers Program Terms. If you do not agree, you may not participate in the Amex Offers Program.

Qualifications & exceptions

• Agreement is tied to enrolling in or using Amex Offers; the source does not describe a separate signing step.

Legal Rights & Agreement Rules · Restriction or exception

These terms sit alongside the Card Member Agreement, which controls in a conflict for American Express-issued Cards

The Offers Program Terms are in addition to other contractual obligations that apply to a transaction on an American Express Card or other product, including any Card Member Agreement that concerns the transaction. Where the Card is issued by American Express and the two conflict, the Card Member Agreement for that Card account controls and prevails; these terms and the offer-specific terms also do not change other notices or information about the Card account, such as the periodic statement.

Supporting quotations

These Offers Program Terms are in addition to other contractual obligations related to transactions involving an American Express Card or non-Card product or service, including but not limited to any Card Member Agreement(s) that concern or relate to a transaction.

If your eligible Card is issued by American Express, these Offers Program Terms and the applicable Offer Terms do not amend, alter, or replace any other notices, disclosures, or information that you receive in connection with your eligible Card account

In the event of any inconsistency or conflict between these Offers Program Terms and your Card Member Agreement, the terms and conditions of your Card Member Agreement governing your eligible Card account shall control and prevail.

Qualifications & exceptions

• The Card Member Agreement priority rule is stated for Cards issued by American Express; the source treats Cards issued by a third-party financial institution separately in Section E.

Not stated here

• The Card Member Agreement itself is linked but its text is not supplied in this source.

Cross-references

• qualified by (model-proposed): For American Express-issued Cards, the Card Member Agreement prevails in a conflict with these terms — Section E states the full rule for American Express-issued Cards that the opening card summarizes: these terms do not replace Card account notices and the Card Member Agreement prevails in a conflict.

Legal Rights & Agreement Rules · Restriction or exception

These terms cover only the U.S. Amex Offers Program

Offers made through an Amex Offers Program run in another country or jurisdiction follow that program's own terms and conditions, not these U.S. terms.

Supporting quotations

Offers made available through an Amex Offers Program operated in another country or jurisdiction are governed by the applicable Amex Offers Program terms and conditions for that country or jurisdiction, and not these U.S. Offers Program Terms.

Not stated here

• The terms for other countries or jurisdictions are not supplied.

Legal Rights & Agreement Rules · Context

Each offer has its own Offer Terms, read together with these terms and your Card Member Agreement

The Offers Program Terms are meant to be read together with the specific terms and conditions for each individual offer ("Offer Terms") and with your Card Member Agreement for the eligible Card account.

Supporting quotations

These Offers Program Terms should be read in conjunction with the specific Terms and Conditions applicable to each offer (“Offer Terms”), and your Card Member Agreement with American Express governing your eligible Card account

Qualifications & exceptions

• This block names the documents to be read together but does not say which prevails; the conflict rule for American Express-issued Cards appears in Section E.

Not stated here

• Individual Offer Terms are not supplied, so offer-specific conditions are unknown.
• The linked Card Member Agreement text is not supplied.

Legal Rights & Agreement Rules · Restriction or exception

No liability for fulfillment failures caused by merchants, other third parties or events beyond its control

American Express says it is not liable for any failure, error or delay in fulfilling an offer that results from acts or omissions of merchants, payment processors, network providers, delivery services or other third parties, or from circumstances beyond its reasonable control, including technology malfunctions, system outages and force majeure events.

Supporting quotations

American Express shall not be liable for any failure, error, or delay in fulfillment of the Offer that results from acts or omissions of merchants, payment processors, network providers, delivery services, or any other third parties, or from circumstances beyond the reasonable control of American Express, including but not limited to technological malfunctions, system outages, or force majeure events.

Qualifications & exceptions

• The list of causes is introduced by "including but not limited to", so it is not exhaustive.

Legal Rights & Agreement Rules · Restriction or exception

Merchant purchases follow the merchant's own terms; American Express is not a party to them or the merchant's agent

When you buy from a merchant or third-party provider in connection with Amex Offers, the merchant's own terms, conditions, policies and practices apply, including return, exchange, warranty, shipping, delivery and privacy policies. American Express says it is not a party to any transaction between you and the merchant or provider and is not their agent.

Supporting quotations

Purchases of products or services from merchants or third party providers in connection with the Amex Offers Program are subject to the merchant’s own terms, conditions, policies, and practices, including but not limited to return, exchange, warranty, shipping, delivery, and privacy policies. American Express is not a party to any transaction between you and a merchant or third party provider and is not an agent of any merchant or third party provider.

Qualifications & exceptions

• "Including but not limited to" makes the list of merchant policies non-exhaustive.

Not stated here

• Merchant terms and privacy policies are not supplied; how merchants use data is not stated here.

Legal Rights & Agreement Rules · Company practice

American Express may invest in or have an interest in merchants featured on Amex Offers

American Express says it may from time to time invest in, or otherwise have an interest in, merchants featured on the Amex Offers platform. It states that any such investment, ownership or financial relationship does not affect the applicability or enforceability of the terms set forth below.

Supporting quotations

American Express may from time to time invest in, or otherwise have an interest in, merchants featured on the Amex Offers platform. Any such investment, ownership, or financial relationship does not affect the applicability or enforceability of the terms set forth below.

Qualifications & exceptions

• Stated as "may from time to time"; the source does not name any merchant or say which offers involve such an interest.

Not stated here

• Which merchants, if any, American Express has an interest in is not stated.

Legal Rights & Agreement Rules · Restriction or exception

American Express makes no promises about merchants, does not endorse them, and says it is not a fiduciary

American Express makes no representations or warranties, express or implied, about any merchant or third-party provider or their content, products or services, including quality, merchantability, fitness for a particular purpose, legality, safety or legal compliance. Including a provider, product, service or offer is not a recommendation, endorsement or validation by American Express or its affiliates. American Express and its affiliates say they are not acting as fiduciaries in connection with offers, products or services on the Amex Offers platform.

Supporting quotations

American Express makes no representations or warranties, express or implied, regarding any merchant or third-party provider or its content, products, or services, including without limitation their quality, merchantability, fitness for a particular purpose, legality, safety, or compliance with applicable laws or regulations. Inclusion of any provider, product, service, or offer does not constitute a recommendation, endorsement, or validation by American Express or its affiliates. American Express and its affiliates are not acting as fiduciaries in connection with offers, products, or services made available through the Amex Offers platform.

Qualifications & exceptions

• The topics listed after "including without limitation" are examples.

Legal Rights & Agreement Rules · Restriction or exception

Disputes over a merchant's products or services are between you and the merchant; American Express disclaims liability

To the maximum extent permitted by law, claims or disputes about a merchant or third-party provider's content, products or services, such as defects, misrepresentations or unsatisfactory experiences, are solely between you and that merchant or provider. American Express disclaims all liability arising from or related to the merchant or provider's content, products, services, acts or omissions, and says it has no responsibility for losses, damages, costs or expenses you incur in dealing with them.

Supporting quotations

To the maximum extent permitted by law, any claims or disputes relating to a merchant or third-party provider’s content, products, or services, including but not limited to claims relating to defects, misrepresentations, or unsatisfactory experiences, are solely between you and the applicable merchant or third-party provider. American Express disclaims all liability arising from or related to any merchant or third-party provider content, products, services, acts, or omissions, and shall have no responsibility for any losses, damages, costs, or expenses incurred in connection with your dealings with any merchant or third-party provider.

Qualifications & exceptions

• Limited by "to the maximum extent permitted by law"; the source does not say where that limit falls.

Legal Rights & Agreement Rules · Restriction or exception

For financial-product or benefit-plan offers you are solely responsible for your decisions; consult your own advisors

Some offers on the platform relate to financial products, services or employee benefit plans. By taking part in any offer you acknowledge that you alone are responsible for evaluating and selecting products or services, for complying with applicable obligations and for any investment, tax, financial or other business decisions. The source tells you to consult your own legal, tax, accounting, financial and other professional advisors before entering a transaction.

Supporting quotations

Some offers available through the Amex Offers platform relate to financial products, services, or employee benefit plans.

By participating in any offer, you acknowledge that you are solely responsible for evaluating and selecting products or services, complying with applicable obligations, and making any investment, tax, financial, or other business decisions. You should consult your own legal, tax, accounting, financial, and other professional advisors before entering into any transaction.

Qualifications & exceptions

• The acknowledgment text is written for "any offer", though it follows the sentence about financial products, services or benefit plans.

Legal Rights & Agreement Rules · Restriction or exception

Wellness offers are from third parties and are not medical advice

Some offers relate to third-party wellness products and services. These are provided by third-party providers and are not a substitute for professional medical advice, diagnosis or treatment. The source tells you to seek the advice of your physician or another qualified healthcare provider with any questions before using them, and to contact your healthcare provider or emergency services immediately if you have or suspect a medical emergency.

Supporting quotations

Some offers available through the Amex Offers platform relate to third-party wellness products and services. The wellness products or services described in any Offer through this platform are provided by third-party providers and are not a substitute for professional medical advice, diagnosis, or treatment.

If you have or suspect you may have a medical emergency, contact your healthcare provider or call emergency services immediately.

Legal Rights & Agreement Rules · Company commitment

American Express does not endorse products that do not comply with its acceptance policies or the law

American Express says it does not endorse or promote buying, selling or using any products that may not comply with American Express acceptance policies or applicable law.

Supporting quotations

American Express does not endorse or promote the purchase, sale, or use of any products that may not be in compliance with American Express acceptance policies or applicable law.

Qualifications & exceptions

• The sentence is a statement of non-endorsement; it does not say how American Express checks merchants or products.

Not stated here

• American Express acceptance policies are not supplied.

Legal Rights & Agreement Rules · Restriction or exception

"Misuse" includes gaming and anything American Express sees as inconsistent with the program; the list is open-ended

For these terms, "misuse" includes gaming (actual or attempted), abuse, and any activity that, in American Express's view, seeks to circumvent or is inconsistent with the intended operation, eligibility requirements, limitations or purposes of the program. The list of prohibited conduct that follows is introduced by "includes, without limitation", so it does not limit what can count.

Supporting quotations

For purposes of these Program Terms, "misuse" includes gaming (whether actual or attempted), abuse, and any activity that in the view of American Express, seeks to circumvent or is inconsistent with the intended operation, eligibility requirements, limitations, or purposes of the Amex Offers Program.

Prohibited conduct includes, without limitation, the following:

Qualifications & exceptions

• The test turns on "in the view of American Express".
• Attempted misuse also counts.

Not stated here

• The source does not define "gaming" or "abuse" beyond this sentence.

Cross-references

• defines (model-proposed): American Express can restrict eligibility or remove Offers at any time, for any reason, without notice — The eligibility revocation paragraph uses the term "misuse"; Section C defines it broadly, including gaming and activity American Express views as inconsistent with the program.

Legal Rights & Agreement Rules · Company practice

American Express can disable unauthorized links or frames and is not responsible for linked third-party sites

American Express reserves the right to disable any unauthorized links or frames. It disclaims responsibility for content on third-party sites linked to or from the Amex Offers Program, and says access to those sites is at your own risk.

Supporting quotations

American Express reserves the right to disable any unauthorized links or frames and disclaims responsibility for content available on any third-party sites linked to or from the Amex Offers Program. Access to any such third-party sites is at your own risk.

Legal Rights & Agreement Rules · Company practice

American Express's rights and remedies are cumulative and in addition to others available to it

American Express may also pursue any other rights or remedies under these terms, any applicable Card Member agreement or other terms for American Express products or services (including the Membership Rewards program), or applicable law. These rights are cumulative, in addition to and not in place of any other rights or remedies available to American Express under those terms or law.

Supporting quotations

American Express may also pursue any other rights or remedies available under these Program Terms, any applicable Card Member agreement or other terms or conditions for American Express products or services (including the Membership Rewards program), or applicable law. These rights are cumulative and are in addition to, and not in lieu of, any other rights or remedies available to American Express under these Program Terms, any applicable Card Member agreement, or applicable law.

Legal Rights & Agreement Rules · Restriction or exception

"Released Parties" are not responsible for offer errors, outages, unauthorized intervention or processing mistakes

"Released Parties" means American Express, its licensed issuers, agencies, participating merchants, third-party service providers, internet service providers, and their employees, officers, directors and agents. They are not responsible for (1) any aspect of any offer, including incorrect or inaccurate information; (2) transmission delays, interruptions, omissions, deletions, defects or failures that suspend a registration page, the program or an offer, including equipment, system or network problems; (3) unauthorized human intervention in any part of an offer or the program; or (4) computer, mechanical, printing, typographical, technical, human or other errors, omissions or viruses connected with administering an offer or processing your registration or fulfillment.

Supporting quotations

American Express, its licensed issuers, agencies, participating merchants, third-party service providers, internet service providers, and their respective employees, officers, directors and agents (collectively with American Express, “Released Parties”) are not responsible for: (1) any aspect of any Offer, including, without limitation, incorrect or inaccurate information associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, or failures of any kind resulting in suspension of any registration/enrollment page, the Amex Offers Program, any Offer or otherwise, including, without limitation, equipment or system malfunctions, performance degradations, service interruptions, or disconnections or disruptions in phone lines, wireless service provider networks, network hardware or software or internet connectivity; (3) unauthorized human intervention in any part of any Offer, or the Amex Offers Program; or (4) computer, mechanical, printing, typographical, technical or non-technical, or human or other errors or omissions or computer viruses or damage which may occur in connection with the administration of any Offer, any registration/enrollment page or the Amex Offers Program or the processing of your registration/enrollment in or fulfillment of any Offer.

Qualifications & exceptions

• "Including, without limitation" and "of any kind" make the four categories broad; item (1) reaches "any aspect of any Offer".

Not stated here

• The source does not say whether this applies where a Released Party is at fault or acts intentionally.

Legal Rights & Agreement Rules · Restriction or exception

If those problems occur, your sole remedy is to stop participating in the program

If any of the listed problems occurs, your sole remedy is to discontinue your participation in the Amex Offers Program.

Supporting quotations

If any of the foregoing occurs, your sole remedy shall be to discontinue your participation in the Amex Offers Program.

Qualifications & exceptions

• "The foregoing" refers to the four categories in the same paragraph: offer problems, outages and failures, unauthorized intervention, and errors.

Not stated here

• The source does not say how this sole remedy fits with the fulfillment timing and honoring-rewards statements in Section A.

Cross-references

• contrast (model-proposed): Rewards properly earned before an Offer is revoked will be honored, unless otherwise specified — Section D makes discontinuing participation the sole remedy for listed problems, including errors in processing fulfillment, while Section A says properly earned rewards will be honored and gives fulfillment timing. The source does not say how the two fit together.

Legal Rights & Agreement Rules · Restriction or exception

The program, enrollment pages and Offers are provided "as is" and "as available" with implied warranties disclaimed

The Amex Offers Program, the registration and enrollment pages, and the offers are provided on an "As Is" and "As Available" basis. American Express specifically disclaims any warranties about goods or services advertised with an offer, and disclaims implied warranties, including merchantability and fitness for a particular purpose.

Supporting quotations

The Amex Offers Program, the registration/enrollment pages and the Offers are provided on an “As Is” and an “As Available” basis. American Express specifically disclaims any warranties regarding any goods or services advertised in conjunction with any Offer, and disclaims any implied warranties, including any warranties of merchantability or fitness for a particular purpose.

Legal Rights & Agreement Rules · Restriction or exception

You release the Released Parties from all claims about your participation, and Section D survives termination

You release the Released Parties from all claims relating to your participation in any offer or the program, your access to and registration on any registration or enrollment page, and your use of any offer. Section D says it survives termination of the Offers Program Terms and the Offer Terms.

Supporting quotations

You hereby release the Released Parties from all claims relating to your participation in any Offer or the Amex Offers Program, access to and registration on any registration/enrollment page, and use of any Offer. This paragraph D shall survive termination of these Offers Program Terms and the Offer Terms.

Qualifications & exceptions

• The paragraph states the release without a stated exception or limit of its own.

Not stated here

• The source does not explain how this release works alongside the dispute resolution provisions in Section G, which describe how claims are handled.

Legal Rights & Agreement Rules · Restriction or exception

For American Express-issued Cards, the Card Member Agreement prevails in a conflict with these terms

If your eligible Card is issued by American Express, these terms and the applicable Offer Terms do not amend, alter or replace other notices, disclosures or information you receive about your Card account, including your periodic statement or the terms of your Card Member Agreement. If these terms and your Card Member Agreement conflict or are inconsistent, the Card Member Agreement governing your eligible Card account controls and prevails.

Supporting quotations

If your eligible Card is issued by American Express, these Offers Program Terms and the applicable Offer Terms do not amend, alter, or replace any other notices, disclosures, or information that you receive in connection with your eligible Card account, including but not limited to information provided on your periodic statement or the terms of your Card Member Agreement. In the event of any inconsistency or conflict between these Offers Program Terms and your Card Member Agreement, the terms and conditions of your Card Member Agreement governing your eligible Card account shall control and prevail.

Qualifications & exceptions

• Applies only where the eligible Card is issued by American Express; third-party issuers are treated differently in the next paragraph.

Not stated here

• The Card Member Agreement text is linked elsewhere but not supplied, so which provisions conflict is unknown.

Cross-references

• qualifies (model-proposed): These terms sit alongside the Card Member Agreement, which controls in a conflict for American Express-issued Cards — Section E states the full rule for American Express-issued Cards that the opening card summarizes: these terms do not replace Card account notices and the Card Member Agreement prevails in a conflict.
• contrast (model-proposed): For Cards from a third-party financial institution, these terms control, but only for your participation in Amex Offers — The order of control flips with the issuer: for American Express-issued Cards the Card Member Agreement prevails over these terms, while for third-party-issued Cards these terms prevail, but only for Amex Offers participation.

Legal Rights & Agreement Rules · Restriction or exception

For Cards from a third-party financial institution, these terms control, but only for your participation in Amex Offers

If your eligible Card is issued by a third-party financial institution, these terms govern solely with respect to the Amex Offers Program. If they conflict with the agreement governing your Card account with that institution, these terms control and prevail, but only for your participation in the Amex Offers Program.

Supporting quotations

If your eligible Card is issued by a third-party financial institution, these Offers Program Terms govern solely with respect to the Amex Offers Program. In the event of any inconsistency or conflict between these Offers Program Terms and the agreement governing your Card account with the third-party financial institution, these Offers Program Terms shall control and prevail, but only with respect to your participation in the Amex Offers Program.

Qualifications & exceptions

• Priority applies "only with respect to your participation in the Amex Offers Program", not to the rest of the third-party Card account.

Not stated here

• The third-party institution's Card agreement is not supplied.

Cross-references

• contrast (model-proposed): For American Express-issued Cards, the Card Member Agreement prevails in a conflict with these terms — The order of control flips with the issuer: for American Express-issued Cards the Card Member Agreement prevails over these terms, while for third-party-issued Cards these terms prevail, but only for Amex Offers participation.

Legal Rights & Agreement Rules · Restriction or exception

For American Express-issued Cards, the Governing Law section of the Card Member Agreement applies

If your eligible Card is issued by American Express, these terms and any claims arising out of or in connection with them are governed by and interpreted under the Governing Law section of the Card Member Agreement.

Supporting quotations

If your eligible Card is issued by American Express, these Offers Program Terms and any and all claims arising out of or in connection with these Offers Program Terms shall be governed by and interpreted under the Governing Law section of Card Member Agreement

Not stated here

• The Card Member Agreement is linked but not supplied, so the governing law it names is unknown here.

Legal Rights & Agreement Rules · Restriction or exception

For Cards from a third-party financial institution, New York law applies without regard to conflict-of-laws rules

If your eligible Card is issued by a third-party financial institution, these terms and any claims arising out of or in connection with them are governed by and interpreted under the laws of the State of New York, without regard to its conflicts of laws provisions.

Supporting quotations

If your eligible Card is issued by a third-party financial institution, these Offers Program Terms and any and all claims arising out of or in connection with the terms and conditions of these Offers Program Terms shall be governed by and interpreted under the laws of the State of New York, without regard to its conflicts of laws provisions.

Legal Rights & Agreement Rules · Context

In Section G, "claim" is broad and "we" and "us" include American Express's parents and affiliates

For the Dispute Resolution section, a "claim" means any current or future claim, dispute or controversy relating to any offer, the Amex Offers Program or these terms. "We" and "us" mean American Express and any corporate parents, subsidiaries, affiliates or related persons or entities.

Supporting quotations

For this section, a “claim” means any current or future claim, dispute or controversy relating to any Offer, the Amex Offers Program, or these Offers Program Terms. “We” and “us” means American Express and any corporate parents, subsidiaries, affiliates or related persons or entities.

Qualifications & exceptions

• Both definitions apply "for this section" (Section G).

Legal Rights & Agreement Rules · Restriction or exception

For American Express-issued Cards, claims follow the Card Member Agreement's dispute and arbitration section

If your eligible Card is issued by American Express, any and all claims are governed by the Dispute Resolution and/or Arbitration section of your Card Member Agreement.

Supporting quotations

If your eligible Card is issued by American Express, any and all claims shall be governed by the Dispute Resolution and/or Arbitration section of your Card Member Agreement

Qualifications & exceptions

• Applies where the eligible Card is issued by American Express.

Not stated here

• The Card Member Agreement text is not supplied, so whether it requires arbitration, and on what terms, is not stated in this source.
• The source does not say whether the claim notice and arbitration steps below also apply to these Cards; the next paragraph assigns the Arbitration subsection to third-party-issued Cards.

Legal Rights & Agreement Rules · Restriction or exception

For Cards from a third-party financial institution, claims are governed by the Arbitration subsection below

If your eligible Card is issued by a third-party financial institution, any and all claims related to the Amex Offers Program are governed by the Arbitration subsection set out below in Section G.

Supporting quotations

If your eligible Card is issued by a third-party financial institution, any and all claims related to the Amex Offers Program shall be governed by the Arbitration subsection set forth below.

Qualifications & exceptions

• Applies where the eligible Card is issued by a third-party financial institution.

Not stated here

• The source does not say what applies to a person who has no eligible Card of either kind.

Cross-references

• qualifies (model-proposed): You or American Express may elect individual arbitration; if either does, there is no court or jury for that claim — The arbitration election and procedures are assigned by Section G to claims where the eligible Card is issued by a third-party financial institution.

Legal Rights & Agreement Rules · Restriction or exception

Section G survives termination; an invalid part does not void the rest, except under the Limitations on Arbitration

Paragraph G survives termination of the Offers Program Terms. If any portion of the Dispute Resolution section is deemed invalid or unenforceable, that does not invalidate the remaining portions, except as otherwise provided in the Limitations on Arbitration subsection.

Supporting quotations

shall survive termination of these Offers Program Terms.

If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection below, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.

Qualifications & exceptions

• The severability rule is qualified by the Limitations on Arbitration subsection, which says a defect in those limitations switches off the whole Arbitration provision.

Not stated here

• The sentence on survival contains stray bracketed codes ([SF4.1][LF4.2]) that look like leftover publishing markers; they are not interpreted and do not change the quoted wording.

Cross-references

• has exception (model-proposed): If any part of the Limitations on Arbitration is invalid, the entire Arbitration provision does not apply — The general severability sentence keeps the rest of Section G alive, but the Limitations on Arbitration invalidity rule is the stated exception: a defect there switches off the entire Arbitration provision.

Legal Rights & Agreement Rules · Company practice

If American Express does not enforce a term or act on a violation, it does not give up its rights

American Express's failure to enforce any provision of these terms, in whole or in part, or its decision not to act on an actual or suspected violation, is not a waiver of its rights and does not stop it from enforcing the terms or acting on the same or similar conduct at any time.

Supporting quotations

American Express's failure to enforce any provision of these Program Terms, in whole or in part, or its decision not to take action with respect to any actual or suspected violation, will not be deemed a waiver of its rights and will not prevent American Express from enforcing these Program Terms or taking action with respect to the same or similar conduct at any time.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit or arbitration, both sides send a written claim notice describing the claim and the relief demanded

Before starting a lawsuit or arbitration, you and American Express agree to send a written claim notice to each party a claim is asserted against, so the claim can be resolved informally. A sample is available at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. A notice to American Express must include your name and address 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 the notice is not disclosed to the arbitrator until after the arbitrator rules. The arbitration paragraph repeats that a claim notice must be sent before arbitration begins.

Supporting quotations

Before beginning a lawsuit 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.

The claim notice must describe the claim and state the specific relief demanded. Notice to us must include your name and address 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.

Before beginning arbitration, you or we must first send a claim notice.

Qualifications & exceptions

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.

Not stated here

• The source does not say how long the parties must wait after a claim notice before filing.

Legal Rights & Agreement Rules · Restriction or exception

You or American Express may elect individual arbitration; if either does, there is no court or jury for that claim

You or American Express may elect to resolve any claim by individual arbitration, decided by a single neutral arbitrator. If arbitration is chosen by any party, neither side may litigate that claim in court or have a jury trial on it. The source notes that arbitration procedures are generally simpler than court rules, that discovery is more limited, and that other rights you or American Express would have in court may also not be available in arbitration.

Supporting quotations

If your eligible Card is issued by a third-party financial institution, any and all claims related to the Amex Offers Program shall be governed by the Arbitration subsection set forth below.

You or we may elect to resolve any claim by individual arbitration. Claims are decided by a single 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.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited.

Other rights you or we would have in court may also not be available in arbitration.

Qualifications & exceptions

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.

Not stated here

• The source does not say which court rights are unavailable beyond the examples given (jury trial, broader discovery).

Cross-references

• qualified by (model-proposed): For Cards from a third-party financial institution, claims are governed by the Arbitration subsection below — The arbitration election and procedures are assigned by Section G to claims where the eligible Card is issued by a third-party financial institution.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only: no class or representative claims, and no joinder without written agreement

In arbitration neither you nor American Express may take part in a representative capacity or as a member of any class for a 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 both agree in writing. An award applies only to the specific case and cannot be used in another matter except one to enforce the award. The Limitations on Arbitration subsection repeats that an elected arbitration is on an individual basis, with no right or authority for a class action or claims for the general public, other Card Members or similarly situated persons.

Supporting quotations

Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other matter except one intended to enforce the award.

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 claim 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.

Qualifications & exceptions

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.
• Joinder or consolidation is possible only by written agreement of you and American Express.

Cross-references

• qualified by (model-proposed): If any part of the Limitations on Arbitration is invalid, the entire Arbitration provision does not apply — If any portion of the Limitations on Arbitration (the individual-basis rule) is found invalid or unenforceable, the whole Arbitration provision falls away.

Legal Rights & Agreement Rules · Restriction or exception

An arbitrator's decision is final and binding, with very limited court review, except for the appeal described below

The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set out below, the arbitrator's decision will be final and binding.

Supporting quotations

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

• "Except as set forth below" points to the appeal process in the Arbitration Procedures paragraph.
• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.

Legal Rights & Agreement Rules · Procedure

Arbitration runs under JAMS or AAA rules, or another organization or an arbitrator appointed under the FAA

The party electing arbitration may choose JAMS or the American Arbitration Association (AAA). Claims are resolved under this Arbitration provision and the rules of the chosen organization in effect when the claim is filed, except where those rules conflict with the Offers Program Terms. If American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims may also go 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. sections 1-16 ("FAA").

Supporting quotations

The party electing arbitration may select either JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org). Claims will be resolved pursuant to this Arbitration provision and the rules of the selected organization in effect when the claim is filed, except where those rules conflict with these Offers Program Terms. 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. §§ 1-16 (“FAA”).

Qualifications & exceptions

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.
• Where organization rules conflict with these terms, these terms apply.

Not stated here

• The text of the Federal Arbitration Act is not supplied in this source; the citation is preserved as written and not interpreted.

Legal Rights & Agreement Rules · User right or choice

American Express will not elect arbitration for an individual claim you file in small claims court

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.

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.

Qualifications & exceptions

• Applies only while the claim is individual and pending only in small claims court.
• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.

Legal Rights & Agreement Rules · Procedure

Arbitration may be elected until a court trial begins or judgment is entered, and delay does not waive the right

You or American Express 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 side may delay enforcing, or not exercise, rights under the Arbitration provision, including the right to arbitrate, without waiving the right to exercise or enforce those rights.

Supporting quotations

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 election window closes once trial has begun or final judgment has been entered in a court case.
• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.

Legal Rights & Agreement Rules · Restriction or exception

If any part of the Limitations on Arbitration is invalid, the entire Arbitration provision does not apply

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.

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

• Qualifies the general severability sentence earlier in Section G, which allows other invalid parts to be separated.

Not stated here

• The source does not say what dispute process applies if the Arbitration provision falls away.

Cross-references

• exception to (model-proposed): Section G survives termination; an invalid part does not void the rest, except under the Limitations on Arbitration — The general severability sentence keeps the rest of Section G alive, but the Limitations on Arbitration invalidity rule is the stated exception: a defect there switches off the entire Arbitration provision.
• qualifies (model-proposed): Arbitration is individual only: no class or representative claims, and no joinder without written agreement — If any portion of the Limitations on Arbitration (the individual-basis rule) is found invalid or unenforceable, the whole Arbitration provision falls away.

Legal Rights & Agreement Rules · Restriction or exception

The FAA governs; the arbitrator applies substantive law but not court evidence or discovery rules

The arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges. In matters of evidence or discovery, the arbitrator does not apply federal or state rules of civil procedure or evidence. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.

Supporting quotations

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.

Qualifications & exceptions

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.
• Relief available in court is awardable only "subject to the Limitations on Arbitration" (individual basis only; no class or representative relief).

Not stated here

• The text of the Federal Arbitration Act is not supplied and is not interpreted here.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration is confidential, with an exception for notifying government authorities

You and American Express agree the arbitration will be confidential and that neither will disclose the content of the arbitration proceeding or its outcome to anyone. Either may notify any government authority of the claim as permitted or required by law.

Supporting quotations

You and we agree that the arbitration will be confidential. You and we agree that you and 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

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.
• The only stated exception is notice of the claim to a government authority as permitted or required by law.

Not stated here

• The source does not say whether you may tell your own lawyer, family or advisers about the arbitration.

Legal Rights & Agreement Rules · User right or choice

For claims of $10,000 or less you choose a documents, phone or in-person hearing; hearings are in your federal district

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on documents, through a telephonic hearing or by an in-person hearing. At any party's request the arbitrator will give a brief written explanation of the award. At your election, arbitration hearings take place in the federal judicial district of your residence.

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.

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

Qualifications & exceptions

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.
• The format choice applies to claims of $10,000 or less; the hearing-location choice is "at your election".

Not stated here

• The source does not say how the format is decided for claims above $10,000.

Legal Rights & Agreement Rules · Procedure

An award is final and binding but either side may 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 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 on written submissions, any aspect of the decision objected to. The appeal otherwise follows the organization's appellate rules and is final with no further right to appeal. Judgment on any award may be entered in any court having jurisdiction.

Supporting quotations

The arbitrator’s award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA.

To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules and will be final without any further right to appeal.

Judgment upon any award may be entered in any court having jurisdiction.

Qualifications & exceptions

• Scope: this source says the Arbitration subsection governs claims where the eligible Card is issued by a third-party financial institution, while claims on American Express-issued Cards follow the Card Member Agreement. The subsection wording speaks of "you" and "we" without repeating that limit.
• The appeal must be started in writing within 35 days after the award is issued.

Not stated here

• The appellate rules of the arbitration organization are not supplied.

Legal Rights & Agreement Rules · Company practice

American Express may change these terms by posting a new version; continuing to participate means you accept the change

American Express reserves the right to change these terms from time to time by posting the modified version on the website. On a change it updates the date after "Last Modified" at the beginning of the terms. If you do not agree with the current or a modified version, you must not take part in the Amex Offers Program. Your participation after a change means you accept the revised terms.

Supporting quotations

American Express reserves the right to change or modify these Offers Program Terms from time to time by posting such modified version on this website. Upon modification, American Express will update the date indicated after “Last Modified” at the beginning of these Offers Program Terms.

If you do not agree with the current or a modified version of these Offers Program Terms, you must not participate in the Amex Offers Program. Your participation in the Amex Offers Program following these changes means you accept the revised Offers Program Terms.

Qualifications & exceptions

• The source describes posting and a date update as the means of change; it does not mention advance notice or direct notification.

Not stated here

• The source does not say how far in advance changes are posted or whether registered Card Members are told directly.