American Express Green Card® Agreement

Legal Rights & Agreement Rules · Context

Part 1 identifies the card, issuer and the 08/20/2026 date of this agreement copy

This is Part 1 of 3 of the Card Member Agreement for the American Express Classic Green Card. It states that it is current "As of: 08/20/2026" and names the issuer as American Express National Bank. The Rates and Fees Table and the "How Rates and Fees Work" section that follow belong to this Part 1; Parts 2 and 3 hold the general terms. The page is a generic Part 1: it does not show account-specific values that the agreement elsewhere says appear on a Card Member's own page 1, such as a Pay Over Time Limit or Spending Limit.

Supporting quotations

Card Member Agreement: Part 1 of 3

As of: 08/20/2026 Issuer: American Express National Bank

American Express® Classic Green Card

Qualifications & exceptions

• Part 1 of a three-part agreement; Part 2 and Part 3 are separate sections of the same saved document.

Not stated here

• Account-specific figures that later text says appear on a Card Member's own page 1 of Part 1 (for example a Pay Over Time Limit or Spending Limit) are not shown in this public copy.

Legal Rights & Agreement Rules · Context

The table points to the CFPB website for credit card tips

The last row of the interest-rate table refers readers who want to learn more about factors to consider when applying for or using a credit card to the website of the Consumer Financial Protection Bureau, giving the address http://www.consumerfinance.gov/learnmore. It is an informational pointer, not a term of the Account.

Supporting quotations

For Credit Card Tips from the Consumer Financial Protection Bureau

visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.

Not stated here

• The linked CFPB page is not part of this document and was not supplied.

Legal Rights & Agreement Rules · User right or choice

The agreement is Parts 1, 2 and 3 plus any supplements or amendments, and you can request a copy

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.

Supporting quotations

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.

You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.

Not stated here

• Any supplements or amendments are not part of this saved document.

Legal Rights & Agreement Rules · Restriction or exception

You agree to the Agreement by using the Account, or by signing or keeping the Card

The Card Member Agreement for the Account is this Part 2 together with Part 1 and Part 3, and any supplements or amendments are also part of it. When you use the Account (or you sign or keep the Card), you agree to its terms.

Supporting quotations

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.

Legal Rights & Agreement Rules · Permission or license

Amex may change the Agreement, subject to applicable law

Amex may change the Agreement "subject to applicable law". This sentence does not state a notice period, a method of notice or a right to reject a change; those points are not addressed in this passage. The Part 3 notice terms say how Amex sends notices generally.

Supporting quotations

We may change this Agreement, subject to applicable law.

Not stated here

• This passage does not say how or when changes are notified or whether the Card Member may reject them.

Legal Rights & Agreement Rules · Restriction or exception

The written Agreement is the final expression of the deal and cannot be changed by an oral agreement

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.

Supporting quotations

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.

Legal Rights & Agreement Rules · Context

Definitions of we/us, you/your, Primary Card Member, Additional Cards and Card

"We", "us" and "our" mean the issuer shown on page 1 of Part 1 (American Express National Bank). "You" and "your" mean the person who applied for the Account and for whom Amex opened it, called the Basic or Primary Card Member. You may request Additional Cards (including Companion Cards, if available) for Additional Card Members. "Card" means any American Express Card or other device Amex issues to access your Account.

Supporting quotations

We, us, and our mean the issuer shown on page 1 of Part 1.

You and your mean the person who applied for this Account and for whom we opened the Account.

We will refer to you as either the Basic or Primary Card Member.

You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members.

Card means any American Express Card or other device that we issue to access your Account.

Legal Rights & Agreement Rules · Context

Military Lending Act statement: federal law protects servicemembers and dependents, generally capping cost at 36% APR

The Military Lending Act statement says federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit, and that in general the cost of consumer credit to them may not exceed an annual percentage rate of 36 percent. The rate must include, as applicable to the account, credit insurance premiums, fees for ancillary products, any application fee (other than certain ones) and any participation fee (other than certain participation fees for a credit card account). The text also gives a phone number, 855-531-0379, for listening to this statement and a description of the payment obligation.

Supporting quotations

Military Lending Act: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit.

In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent.

This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee (other than certain participation fees for a credit card account).

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.

Qualifications & exceptions

• The text describes federal law "in general"; it does not restate the statute's details.

Legal Rights & Agreement Rules · Restriction or exception

Covered borrowers under the Military Lending Act are not bound by the Claims Resolution arbitration provision

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. The next sentence adds that "if you elect arbitration, we will comply with our obligations under the Claims Resolution section"; the passage does not say which obligations or whether a covered borrower who elects arbitration can compel it, so that sentence is quoted rather than interpreted.

Supporting quotations

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of this Agreement will not apply to you in connection with this Account.

However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.

Not stated here

• The document does not define "covered borrower" beyond the Military Lending Act reference.
• The meaning of "if you elect arbitration, we will comply with our obligations" for a covered borrower is not spelled out.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, except small claims, covered borrowers and rejected arbitration — For a covered borrower under the Military Lending Act the Arbitration provision does not apply, an exception to the general right to elect arbitration.

Legal Rights & Agreement Rules · Procedure

Notices go by U.S. mail, courier or electronically and count as given when mailed or delivered electronically

Amex sends notices by U.S. mail, courier, or electronically using the information in its records. A notice is considered given when Amex mails it or delivers it electronically, not when you receive it.

Supporting quotations

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.

Legal Rights & Agreement Rules · Restriction or exception

If Amex credits a disputed charge, you assign your claims against the merchant to Amex and agree not to pursue them

If you dispute a charge with a merchant, Amex may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to Amex 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 Amex if it decides to pursue it.

Supporting quotations

Disputed charges: If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge.

If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.

You agree that you will not pursue any claim against the merchant for the credited amount and you will cooperate with us if we decide to do so.

Qualifications & exceptions

• Tort claims are excluded from the assignment; the covenant not to pursue covers claims "for the credited amount".

Legal Rights & Agreement Rules · Restriction or exception

Amex may treat the Account as in default for breach, false information, bankruptcy or inability to pay

Amex may consider your Account to be in default if you violate a provision of the Agreement, you give Amex false information, you file for bankruptcy, you default under another agreement you have with Amex or an affiliate, or Amex believes you are unable or unwilling to pay your debts when due. It is a right ("may consider"), not an automatic result, and the last ground depends on Amex's belief.

Supporting quotations

Default: We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

you default under another agreement you have with us or an affiliate, or

we believe you are unable or unwilling to pay your debts when due.

Qualifications & exceptions

• The grounds are alternatives; "may consider" leaves default to Amex's judgment.

Not stated here

• The passage does not say whether notice or a cure period applies before default.
• The first ground quotes "this Agreement", the Card Member Agreement itself, not a separate linked document; no other document's text is supplied here.

Cross-references

• referred to by (model-proposed): On default, incapacity or death, Amex may suspend charges, cancel features or demand payment — The remedies available on default follow from the listed default grounds.

Legal Rights & Agreement Rules · Restriction or exception

On default, incapacity or death, Amex may suspend charges, cancel features or demand payment

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

Supporting quotations

If we consider your Account in default, or if you become incapacitated or die, we may, to the extent permitted by federal and applicable state law:

suspend your ability to make charges,

cancel or suspend any feature on your Account,

require you to pay more than your Minimum Payment Due immediately, and

require you to pay your Account balance immediately.

Cross-references

• refers to (model-proposed): Amex may treat the Account as in default for breach, false information, bankruptcy or inability to pay — The remedies available on default follow from the listed default grounds.

Legal Rights & Agreement Rules · Restriction or exception

Amex may sell, transfer or assign the Agreement and your Account at any time without notice; you may not

Amex may sell, transfer or assign the Agreement and your Account, and may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement.

Supporting quotations

We may sell, transfer or assign this Agreement and your Account.

We may do so at any time without notifying you.

You may not sell, assign or transfer your Account or any of your obligations under this Agreement.

Cross-references

• referred to by (model-proposed): Claims Resolution survives closure, payoff, collection, bankruptcy and sale of the Account; severability applies — Claims Resolution binds the buyer of a sold Account, which connects to Amex's right to sell or assign the Account.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive it

Amex may choose to delay enforcing, or not to exercise, rights under the Agreement. If it does, it does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

We do not waive our rights: We may choose to delay enforcing or to not exercise rights under this Agreement.

If we do this, we do not waive our rights to exercise or enforce them on any other occasion.

Legal Rights & Agreement Rules · Restriction or exception

Utah and federal law govern the Agreement and the Account, and the Agreement was entered into in Utah

Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. Amex entered into the Agreement with you in Utah, where it is located and holds your Account.

Supporting quotations

Governing law: Utah law and federal law govern this Agreement and your Account without regard to internal principles of conflicts of law.

We entered into this Agreement with you in Utah, where we are located and hold your Account.

Legal Rights & Agreement Rules · Restriction or exception

Maryland billing address: Amex offers the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article

If your Account has a Maryland billing address, Amex elects to offer your Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article, to the extent, if any, that Maryland law applies to your Account.

Supporting quotations

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.

Not stated here

• The content of the cited Maryland statute is not supplied here.

Legal Rights & Agreement Rules · Context

Claims Resolution: call Customer Service first; you may reject arbitration within 45 days of your first purchase

Most customer concerns can be resolved by calling Customer Service at the number on the back of your Card. If Customer Service cannot resolve a complaint to your satisfaction, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase; the procedure is in Your Right to Reject Arbitration.

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card.

this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase.

Your rejection notice must be mailed within 45 days after your first Card purchase.

Qualifications & exceptions

• The 45-day period runs from the first Card purchase.

Legal Rights & Agreement Rules · Context

In Claims Resolution, "you" and "us" include corporate parents, subsidiaries, affiliates and related persons or entities

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities.

Supporting quotations

For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities.

Qualifications & exceptions

• The extended meaning applies only for the Claims Resolution section.

Legal Rights & Agreement Rules · Context

"Claim" is any dispute about your Account, the Agreement or your relationship with Amex, with one exception

"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 Amex, except for the validity, enforceability or scope of the Arbitration provision. The exception means a dispute about whether the arbitration provision itself is valid, enforceable or in scope is outside the definition of Claim.

Supporting quotations

Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision.

Not stated here

• The document does not say who decides a dispute about the validity, enforceability or scope of the Arbitration provision.

Legal Rights & Agreement Rules · Context

"Claim" includes counterclaims, contract, tort, fraud and statute claims, third-party, advertising and benefit claims

A Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and (4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account.

Supporting quotations

Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and

(4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account.

Qualifications & exceptions

• The list is non-exhaustive ("includes but is not limited to").

Legal Rights & Agreement Rules · Restriction or exception

You may not sell, assign or transfer a claim

You may not sell, assign or transfer a claim.

Supporting quotations

You may not sell, assign or transfer a claim.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice describing the claim and relief demanded must be sent

Before beginning a lawsuit, mediation or arbitration, you and Amex agree to send a written notice (a claim notice) to each party against whom a claim is asserted, to give an opportunity to resolve the claim informally or through mediation. A sample is at americanexpress.com/claim. The notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to Amex 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 any relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

Sending a Claim Notice: Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation.

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.

Not stated here

• The sample claim notice at americanexpress.com/claim is not supplied here.
• The passage does not say what happens if no claim notice is sent.

Cross-references

• referred to by (model-proposed): Either side may submit a claim to JAMS or AAA mediation within 30 days of a claim notice, and Amex pays the mediator — Mediation requires a claim notice to have been sent first.

Legal Rights & Agreement Rules · Procedure

Either side may submit a claim to JAMS or AAA mediation within 30 days of a claim notice, and Amex pays the mediator

In mediation a neutral mediator helps the parties resolve a claim without deciding it. Before mediation, you or Amex must send a claim notice. Within 30 days after sending or receiving a claim notice, you or Amex may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. Amex will pay the fees of the mediator.

Supporting quotations

Mediation: In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement.

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

Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation.

We will pay the fees of the mediator.

Cross-references

• refers to (model-proposed): Before a lawsuit, mediation or arbitration, a written claim notice describing the claim and relief demanded must be sent — Mediation requires a claim notice to have been sent first.

Legal Rights & Agreement Rules · Restriction or exception

Mediation communications are confidential, limitation periods are tolled, and electing arbitration is unaffected

All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation are tolled from the date you or Amex send the claim notice until the mediation ends. Either side may end the mediation at any time. Submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

All mediation-related communications are confidential, inadmissible in court and not subject to discovery.

All applicable statutes of limitation will be tolled from the date you or we send the claim notice until termination of the mediation.

Either you or we may terminate the mediation at any time.

The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

Legal Rights & Agreement Rules · Permission or license

Either side may elect individual arbitration, except small claims, covered borrowers and rejected arbitration

You or Amex may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. This general rule has exceptions stated elsewhere: Amex will not elect arbitration for a claim you file in small claims court so long as the claim is individual and pending only in that court; the Arbitration provision does not apply to a covered borrower under the Military Lending Act; and if you send a compliant rejection notice within 45 days of your first Card purchase, the Arbitration provision and the arbitration provisions in agreements for your other currently open American Express Accounts (except Corporate Card Accounts and claims already in pending litigation or arbitration) do not apply to you.

Supporting quotations

Arbitration: You or we may elect to resolve any claim by individual arbitration.

Claims are decided by a neutral arbitrator.

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

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.

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.

Qualifications & exceptions

• Exceptions: small claims court (Amex will not elect), Military Lending Act covered borrowers, and a timely compliant rejection notice.

Cross-references

• has exception (model-proposed): Covered borrowers under the Military Lending Act are not bound by the Claims Resolution arbitration provision — For a covered borrower under the Military Lending Act the Arbitration provision does not apply, an exception to the general right to elect arbitration.
• has exception (model-proposed): Amex will not elect arbitration for an individual small claims case; otherwise it can be elected until trial begins — Amex's commitment not to elect arbitration of an individual claim pending only in small claims court is an exception to the right to elect arbitration.
• has exception (model-proposed): A compliant rejection also covers your other open American Express accounts, with exceptions, and not your Card use — A compliant rejection notice makes the Arbitration provision (and those of other open accounts, with exceptions) inapplicable to you, an exception to the right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If arbitration is chosen, neither side may litigate in court or have a jury trial, or join a class

If arbitration is chosen by any party, neither you nor Amex has the right to litigate that claim in court or have a jury trial on it. Neither side has the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

Supporting quotations

If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim.

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

Qualifications & exceptions

• Applies once any party elects arbitration; see the election card for the exceptions to that right.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is simpler than court, with limited discovery and review; awards bind only the case and are enforceable

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and Amex alone, and claims may not be joined or consolidated unless you and Amex agree in writing. An arbitration award and any judgment confirming it 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 is final and binding, and other rights you or Amex would have in court may also not be available in arbitration.

Supporting quotations

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

The arbitrator's authority is limited to claims between you and us alone.

Claims may not be joined or consolidated unless you and we agree in writing.

An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court.

Except as set forth below, the arbitrator's decision will be final and binding.

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

Qualifications & exceptions

• "Except as set forth below" points to the appeal right in the Arbitration Procedures.

Cross-references

• has exception (model-proposed): An award can be appealed within 35 days to a three-arbitrator panel that decides anew on written submissions — The appeal right is the "set forth below" exception to the statement that the arbitrator's decision is final and binding.

Legal Rights & Agreement Rules · Procedure

To start arbitration, send a claim notice; JAMS or AAA is chosen by the party electing arbitration, under the FAA

Before beginning arbitration, you or Amex must first send a claim notice. Claims are referred to JAMS or AAA, as selected by the party electing arbitration, and are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If Amex chooses the organization, you may select the other within 30 days after receiving notice of the selection. Claims may also be referred to another arbitration organization if you and Amex 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). The Arbitration provision is governed by the FAA.

Supporting quotations

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

Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.

Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement.

If we choose the organization, you may select the other within 30 days after receiving notice of our selection.

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).

Arbitration Procedures: This Arbitration provision is governed by the FAA.

Not stated here

• The text of section 5 of the Federal Arbitration Act is an external statute and is not supplied here.
• The rules of JAMS and AAA are not supplied here.

Legal Rights & Agreement Rules · Restriction or exception

Amex will not elect arbitration for an individual small claims case; otherwise it can be elected until trial begins

Amex 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 Amex 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. The small claims commitment is stated for Amex's election; the passage does not address a small claims claim that you yourself later choose to arbitrate.

Supporting quotations

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, except small claims, covered borrowers and rejected arbitration — Amex's commitment not to elect arbitration of an individual claim pending only in small claims court is an exception to the right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not exercising arbitration rights does not waive them

Either you or Amex 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.

Supporting quotations

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 on an individual basis only: no class or representative arbitration

If either party elects arbitration, the 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.

Supporting quotations

Limitations on Arbitration: If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis.

There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members, or other persons similarly situated.

Legal Rights & Agreement Rules · Restriction or exception

If any part of the Limitations on Arbitration is invalid, the whole Arbitration provision falls away

Notwithstanding any other provision, and without waiving the right to appeal such a decision, if any portion of the Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than this sentence) will not apply. The Continuation paragraph separately says that invalidity of other portions of the Claims Resolution section does not invalidate the remaining portions, except as provided in the Limitations on Arbitration subsection.

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.

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.

Not stated here

• The passage does not say who decides whether a portion of the Limitations on Arbitration is invalid or unenforceable.

Legal Rights & Agreement Rules · Restriction or exception

The FAA governs; the arbitrator applies substantive law and limitation periods, not court procedure or evidence rules

The Arbitration provision is governed by the FAA. The arbitrator will apply 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.

Supporting quotations

Arbitration Procedures: This Arbitration provision is governed by the FAA.

The arbitrator will apply applicable substantive law, statutes of limitations and privileges.

The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery.

Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration is confidential and the parties may notify a government authority of the claim

You and Amex agree that the arbitration will be confidential. The next sentence reads "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." The use of "we" after "You and we agree" is ambiguous: it can mean Amex alone or both parties, and the passage does not say which; the wording is quoted as written.

Supporting quotations

You and we agree that the arbitration will be confidential.

You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law.

Not stated here

• Whether "we will not disclose" binds Amex alone or both parties is not clear from the wording.

Legal Rights & Agreement Rules · User right or choice

Claims of $10,000 or less: you choose the format; hearings can be in your federal district; explanation on request

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 provides a brief written explanation of the award. At your election, arbitration hearings take place in the federal judicial district of your residence. Judgment upon any award may be entered in any court having jurisdiction.

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.

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

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

Not stated here

• The passage does not say who chooses the format for claims above $10,000.

Legal Rights & Agreement Rules · User right or choice

An award can be appealed within 35 days to a three-arbitrator panel that decides anew on written submissions

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 arbitration 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 arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to, and the appeal otherwise follows the organization's appellate rules. This is the "except as set forth below" exception to finality in the general description of arbitration.

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.

Except as set forth below, the arbitrator's decision will be final and binding.

Not stated here

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

Cross-references

• exception to (model-proposed): Arbitration is simpler than court, with limited discovery and review; awards bind only the case and are enforceable — The appeal right is the "set forth below" exception to the statement that the arbitrator's decision is final and binding.

Legal Rights & Agreement Rules · Company commitment

Your arbitration fees are capped at the court filing fee; Amex pays the rest and will consider advancing your share

You are responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred had you brought a claim in court. Amex is responsible for any additional arbitration fees. At your written request, Amex 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.

Supporting quotations

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court.

We will be responsible for any additional arbitration fees.

At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Qualifications & exceptions

• The advance or expert-fee payment is only to be considered in good faith, not promised.

Legal Rights & Agreement Rules · User right or choice

If you win more than Amex's final offer, the award includes at least $5,000 and attorneys', costs and witness fees

If the arbitrator rules in your favor for an amount greater than any final offer Amex made before the final hearing in arbitration, the award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

Supporting quotations

Additional Arbitration Awards: If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include:

(1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

Not stated here

• The passage does not say what the award includes if the amount is not greater than Amex's final offer.

Legal Rights & Agreement Rules · User right or choice

To reject arbitration, mail a signed written notice with your details within 45 days of your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998; a sample is at americanexpress.com/reject. The notice must be mailed within 45 days after your first Card purchase. It must state that you reject the Arbitration provision and include your name, address, Account number and personal signature, and no one else may sign it.

Supporting quotations

Your Right to Reject Arbitration: You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998.

Your rejection notice must be mailed within 45 days after your first Card purchase.

Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature.

No one else may sign the rejection notice.

Not stated here

• The sample rejection notice at americanexpress.com/reject is not supplied here.

Legal Rights & Agreement Rules · User right or choice

A compliant rejection also covers your other open American Express accounts, with exceptions, and not your Card use

If your rejection notice complies with the requirements, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for any other currently open American Express Accounts you have will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration at the time you send the notice. Rejection does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, and does not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Supporting quotations

If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member Agreements for any other currently open American Express Accounts you have will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice.

Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement.

Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, except small claims, covered borrowers and rejected arbitration — A compliant rejection notice makes the Arbitration provision (and those of other open accounts, with exceptions) inapplicable to you, an exception to the right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives closure, payoff, collection, bankruptcy and sale of the Account; severability applies

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 the case of a sale, its terms apply to the buyer of your Account. Amex may sell, transfer or assign the Agreement and your Account (Part 3). If any portion of the section is deemed invalid or unenforceable it does not invalidate the remaining portions, except as provided in the Limitations on Arbitration subsection.

Supporting quotations

Continuation: This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account).

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

We may sell, transfer or assign this Agreement and your Account.

Cross-references

• refers to (model-proposed): Amex may sell, transfer or assign the Agreement and your Account at any time without notice; you may not — Claims Resolution binds the buyer of a sold Account, which connects to Amex's right to sell or assign the Account.