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.

Charges & Financial Obligations · Company practice

Pay Over Time APR is a variable rate of Prime Rate plus 12.74% to 21.74%

The APR for Pay Over Time is stated as a range above the Prime Rate: "Prime Rate + 12.74% to Prime Rate + 21.74%". It is a variable APR, so the actual rate moves with the Prime Rate. The table points to the Explanation of Variable Rates in How Rates and Fees Work, which says variable APRs will not exceed 29.99% and explains when Prime Rate changes take effect.

Supporting quotations

Annual Percentage Rate (APR) for Pay Over Time

Prime Rate + 12.74% to Prime Rate + 21.74%

This is a variable APR. See Explanation of Variable Rates below.

Qualifications & exceptions

• Variable APR; see Explanation of Variable Rates below the table in the same Part 1.

Not stated here

• Which margin within the 12.74% to 21.74% range applies to a given Card Member is not stated in this document.
• The current Prime Rate, and so the resulting percentage, is not stated here.
• The Daily Periodic Rate values for these APRs are not shown (see the Daily Periodic Rate card).

Cross-references

• qualified by (model-proposed): Variable APRs move with the Prime Rate, take effect at the start of the billing period, and will not exceed 29.99% — The 29.99% ceiling and the timing of Prime Rate changes in the Explanation of Variable Rates qualify the variable Pay Over Time APR range.

Charges & Financial Obligations · Company practice

Cash advance APR is a variable rate of Prime Rate plus 21.99%

Cash advances carry a variable APR of "Prime Rate + 21.99%", a single margin rather than a range. Like the Pay Over Time APR it moves with the Prime Rate and is subject to the Explanation of Variable Rates. Elsewhere the agreement says interest on cash advances starts on the transaction date.

Supporting quotations

APR for Cash Advances

Prime Rate + 21.99%

Qualifications & exceptions

• Variable APR; see Explanation of Variable Rates.

Not stated here

• The resulting percentage depends on the Prime Rate, which is not stated here.

Cross-references

• qualified by (model-proposed): Variable APRs move with the Prime Rate, take effect at the start of the billing period, and will not exceed 29.99% — The 29.99% ceiling and the timing of Prime Rate changes qualify the variable cash advance APR.

Charges & Financial Obligations · Restriction or exception

Penalty APR (Prime Rate + 26.74%) may apply to new Pay Over Time transactions after a missed or returned payment

Amex states a right to apply a penalty APR of "Prime Rate + 26.74%" (variable) to new transactions in a Pay Over Time balance if you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date, or if your payment is returned by your bank. For a returned payment the table adds that "we will notify you if we do" apply it. The text speaks of new transactions in a Pay Over Time balance; it does not say the penalty APR applies to cash advances or to existing balances.

Supporting quotations

Penalty APR and When it Applies

Prime Rate + 26.74%

We have the right to apply the penalty APR to new transactions in a Pay Over Time balance if:

you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date

your payment is returned by your bank and we will notify you if we do.

Qualifications & exceptions

• Triggers are a missed required payment or a returned payment; it is a right ("have the right"), not an automatic result.
• Variable APR; see Explanation of Variable Rates.

Not stated here

• The table does not say whether the penalty APR also reaches cash advances, plan balances or balances that already existed when it is applied.
• The wording "we will notify you if we do" leaves unstated when or how the notice is given.

Cross-references

• qualified by (model-proposed): Penalty APR lasts at least 6 months and ends only after 6 months of timely payments with no returns — The duration and review terms limit how long the penalty APR applies once its trigger has occurred.
• qualified by (model-proposed): Variable APRs move with the Prime Rate, take effect at the start of the billing period, and will not exceed 29.99% — The 29.99% ceiling and the timing of Prime Rate changes qualify the variable penalty APR.

Charges & Financial Obligations · Restriction or exception

Penalty APR lasts at least 6 months and ends only after 6 months of timely payments with no returns

If the penalty APR is applied it applies for at least 6 months. Amex reviews the Account every 6 months after the penalty APR is applied, and the penalty APR continues until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

How Long Will the Penalty APR Apply?

If the penalty APR is applied, it will apply for at least 6 months.

We will review your Account every 6 months after the penalty APR is applied.

The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed.

Qualifications & exceptions

• The end condition is tested over the 6-month period being reviewed, not over a single payment.

Not stated here

• The table does not say what happens to the rate at the end of a review other than that the penalty APR continues until the stated condition is met.

Cross-references

• qualifies (model-proposed): Penalty APR (Prime Rate + 26.74%) may apply to new Pay Over Time transactions after a missed or returned payment — The duration and review terms limit how long the penalty APR applies once its trigger has occurred.

Charges & Financial Obligations · Company practice

Table summary of when interest is charged: due date, no-interest condition, cash advance interest from transaction date

The Paying Interest row says the Payment Due Date is at least 25 calendar days after the close of each billing period. Amex will not charge interest on charges automatically added to a Pay Over Time balance "if each month you pay your Account Total New Balance" (or Adjusted Balance, if you have a Plan balance) by the Payment Due Date. If you have Cash Advance on your Account, interest begins on cash advances on the transaction date. This is a summary: the fuller test appears in the grace-period section of Part 1, which asks whether your Pay Over Time Previous Balance was zero or whether you paid the Account Total New Balance (or Adjusted Balance) in full by the Payment Due Date for each of the previous two billing periods.

Supporting quotations

Paying Interest

Your Payment Due Date is at least 25 calendar days after the close of each billing period.

We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement (or, if you have a Plan balance, your Adjusted Balance on your billing statement) by the Payment Due Date.

If you have Cash Advance on your Account, we will begin charging interest on cash advances on the transaction date.

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

Qualifications & exceptions

• Applies to charges automatically added to a Pay Over Time balance; cash advances are charged interest from the transaction date.
• The table sentence says "each month"; the fuller grace-period section states the test over the previous two billing periods (see the contrast relation between the two cards).

Not stated here

• The table does not itself explain how the Previous Balance test in the later section combines with the "each month" wording.

Cross-references

• contrast (model-proposed): No interest on automatic Pay Over Time charges if the previous balance was zero or the last two bills were paid in full — The Part 1 table summary says no interest is charged on automatic Pay Over Time charges if you pay the Account Total New Balance "each month"; the fuller grace-period section tests whether the Pay Over Time Previous Balance is zero or whether the balance was paid in full for each of the previous two billing periods. The two wordings pull slightly differently and the document does not reconcile them.
• referred to by (model-proposed): Interest on cash advances runs from the transaction date and cannot be avoided — The table summary and the grace-period section both state that cash advance interest runs from the transaction date.

Charges & Financial Obligations · Company practice

Plan It fee: a monthly fixed finance charge of up to 1.33% of each purchase placed in a plan

Plan It purchases carry a monthly plan fee described as a fixed finance charge, of up to 1.33% of each purchase placed in a plan. The percentage is based on the APR that would otherwise apply to the purchase (purchases in a Pay Over Time balance), the APR that applies to the Pay Over Time feature when you create the plan (purchases in a Pay In Full balance), or the lower of the two (purchases divided between the two balances), together with the plan duration and other factors. The row refers to the Plan It section for details.

Supporting quotations

Plan Fee (Fixed Finance Charge)

A monthly plan fee of up to 1.33% of each purchase placed in a plan

either the APR that would otherwise apply to that purchase (for purchases in a Pay Over Time balance), the APR that applies to the Pay Over Time feature at the time you create the plan (for purchases in a Pay In Full balance), or the lower of the two APRs (for purchases that are divided between a Pay Over Time balance and a Pay In Full balance); the plan duration; and other factors.

Qualifications & exceptions

• "Up to 1.33%" is a ceiling; the fee actually charged depends on the APR basis, the plan duration and unspecified "other factors".

Not stated here

• The "other factors" that affect the plan fee are not listed in this row.

Cross-references

• referred to by (model-proposed): Plan fee is a fixed monthly finance charge while a plan is active; the amount is disclosed before you set up a plan — The How Rates and Fees Work plan fee entry refers back to the Rates and Fees Table row.
• qualified by (model-proposed): Plan fee is based on the APR for the balance the purchase was in, with a plan fee shown before you create the plan — The Plan It section states which APR the plan fee is based on for each kind of purchase, which qualifies the table row's fee basis.

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.

Charges & Financial Obligations · Company practice

Annual Fee is $150

The Fees table lists the Annual Fee as $150. How Rates and Fees Work refers back to this table. Later text says annual fees can be refunded in some cases if the account is closed within 30 days after the Closing Date of the statement on which the fee appears, with an exception stated for Massachusetts billing addresses.

Supporting quotations

Annual Fee

$150

Qualifications & exceptions

• Refund of the annual fee on closing is addressed in Part 3, with a Massachusetts exception.

Charges & Financial Obligations · Company practice

Cash advance fee is the greater of $10 or 5%; foreign transaction fee is none

Under Transaction Fees the table says a cash advance costs "Either $10 or 5% of the amount of each cash advance, whichever is greater" and that the Foreign Transaction fee is "None". The fuller description below states the 5% is of an ATM cash advance including any fee charged by the ATM operator, with a minimum of $10, and that the fee is added to the Cash Advance balance.

Supporting quotations

Transaction Fees

Cash Advance: Either $10 or 5% of the amount of each cash advance, whichever is greater.

Foreign Transaction: None.

Qualifications & exceptions

• The fee is charged per cash advance; the fuller description adds that ATM operator fees count in the amount.

Cross-references

• qualified by (model-proposed): Cash advance fee is 5% (minimum $10), counts any ATM operator fee, and is added to the Cash Advance balance — The detailed cash advance fee adds that an ATM operator's own fee counts in the amount the 5% is taken from and that the fee is added to the Cash Advance balance.

Charges & Financial Obligations · Company practice

Late payment and returned payment fees are up to $40 each

The Penalty Fees row lists the Late Payment fee and the Returned Payment fee as "Up to $40" each. How Rates and Fees Work explains the $29 first-occurrence and $40 repeat structure and the cap based on the prior statement's Amount Due.

Supporting quotations

Penalty Fees

Late Payment: Up to $40.

Returned Payment: Up to $40.

Qualifications & exceptions

• "Up to" is a ceiling; the tiers and cap appear in How Rates and Fees Work.

Cross-references

• narrowed by (model-proposed): Late Payment fee is $29, then $40 on a repeat within 6 billing periods, capped at the prior statement's Amount Due — The detailed Late Payment terms ($29 first, $40 on a repeat within the next 6 billing periods, capped at the prior statement's Amount Due) narrow the table's "Up to $40".
• narrowed by (model-proposed): Returned Payment fee is $29 the first time and $40 on a repeat in the same or next 6 billing periods, with the same cap — The detailed Returned Payment terms ($29 first, $40 on a repeat in the same or next 6 billing periods, with the same cap) narrow the table's "Up to $40".

Charges & Financial Obligations · Procedure

Interest is calculated by the average daily balance method including new purchases

Part 1 states that interest uses the average daily balance method (including new purchases) and points to the How we calculate interest on Pay Over Time and Cash Advance Balances section in Part 2, where the formula is given.

Supporting quotations

How we calculate interest: We use a method called average daily balance method (including new purchases).

See the How we calculate interest on Pay Over Time and Cash Advance Balances section in Part 2.

Charges & Financial Obligations · Company practice

Variable APRs move with the Prime Rate, take effect at the start of the billing period, and will not exceed 29.99%

If the Prime Rate increases, variable APRs (and the corresponding Daily Periodic Rates) increase, so you may pay more interest and may have a higher Minimum Payment Due. A change in the Prime Rate changes the variable APRs as of the first day of the billing period during which the Prime Rate changed. The document states that "Variable APRs will not exceed 29.99%", which is a ceiling on the variable APRs listed in the Rates and Fees Table.

Supporting quotations

Explanation of Variable Rates: If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase.

In that case, you may pay more interest and may have a higher Minimum Payment Due.

When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed.

Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• The sentence about changes taking effect covers any Prime Rate change; the sentence about higher interest and a higher Minimum Payment Due speaks of an increase.

Not stated here

• The document refers to "corresponding DPRs" but shows no Daily Periodic Rate value (see the Daily Periodic Rate card in the interest-calculation section).

Cross-references

• qualifies (model-proposed): Pay Over Time APR is a variable rate of Prime Rate plus 12.74% to 21.74% — The 29.99% ceiling and the timing of Prime Rate changes in the Explanation of Variable Rates qualify the variable Pay Over Time APR range.
• qualifies (model-proposed): Cash advance APR is a variable rate of Prime Rate plus 21.99% — The 29.99% ceiling and the timing of Prime Rate changes qualify the variable cash advance APR.
• qualifies (model-proposed): Penalty APR (Prime Rate + 26.74%) may apply to new Pay Over Time transactions after a missed or returned payment — The 29.99% ceiling and the timing of Prime Rate changes qualify the variable penalty APR.

Charges & Financial Obligations · Procedure

Prime Rate is the highest U.S. Prime Rate in The Wall Street Journal on the billing period Closing Date

"Prime Rate" means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If The Wall Street Journal does not publish the Prime Rate that day, Amex uses the rate from the previous day it was published. If The Wall Street Journal is no longer published or stops publishing the Prime Rate, Amex "may" use the Prime Rate published in another newspaper of general circulation.

Supporting quotations

Determining the Prime Rate: Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period.

If The Wall Street Journal does not publish the Prime Rate on that day, we will use the Prime Rate from the previous day it was published.

If The Wall Street Journal is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.

Qualifications & exceptions

• The fallback to another newspaper is permissive ("may"), not a commitment.

Charges & Financial Obligations · Company practice

Annual Fee is as listed in the Part 1 table; Additional Cards carry no annual fee

How Rates and Fees Work refers the Annual Fee back to the Rates and Fees Table on page 1 of Part 1 (where it is $150) and states that the Annual Fee for Additional Cards is "None". Part 2 elsewhere says that if an Annual Fee applies to Additional Cards it is shown on page 2 of Part 1; here it is none.

Supporting quotations

Annual Fee: This fee is on the Rates and Fees Table on page 1 of Part 1.

Annual Fee for Additional Cards: None.

Cross-references

• referred to by (model-proposed): An annual fee for Additional Cards, if any, is shown on page 2 of Part 1; this Part 1 lists none — The Part 2 pointer to the annual fee for Additional Cards is answered by the Part 1 row stating "None".

Charges & Financial Obligations · Company commitment

Plan fee is a fixed monthly finance charge while a plan is active; the amount is disclosed before you set up a plan

The plan fee is described in the Rates and Fees Table. It is a fixed finance charge charged each month a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan, and each plan fee is disclosed before you create the applicable plan. The text points to About Plan It in Part 2 for more.

Supporting quotations

Plan Fee (Fixed Finance Charge): This fee is described on the Rates and Fees Table on page 1 of Part 1.

This fee is a fixed finance charge that will be charged each month that a plan is active.

The dollar amount of your plan fee will be disclosed before you set up a plan.

Each plan fee will be disclosed before you create the applicable plan.

Qualifications & exceptions

• Applies to plans created with Plan It; the dollar amount is not given in this document.

Not stated here

• The dollar amount of any plan fee is not stated here; only the "up to 1.33%" ceiling in the table row is given.

Cross-references

• refers to (model-proposed): Plan It fee: a monthly fixed finance charge of up to 1.33% of each purchase placed in a plan — The How Rates and Fees Work plan fee entry refers back to the Rates and Fees Table row.

Charges & Financial Obligations · Company practice

Cash advance fee is 5% (minimum $10), counts any ATM operator fee, and is added to the Cash Advance balance

The cash advance fee is 5% of an ATM cash advance "(including any fee charged by the ATM operator)" or other cash advance, with a minimum of $10. Amex adds this fee to the Cash Advance balance; the cash advance limit section describes that balance as including fees and interest. This matches the table's "greater of $10 or 5%" wording and adds that an ATM operator's own fee counts in the amount the 5% is taken from.

Supporting quotations

Cash Advance: 5% of an ATM cash advance (including any fee charged by the ATM operator) or other cash advance, with a minimum of $10.

We will add this fee to the Cash Advance balance.

Qualifications & exceptions

• The ATM operator's fee is included in the amount on which the 5% is computed.

Cross-references

• qualifies (model-proposed): Cash advance fee is the greater of $10 or 5%; foreign transaction fee is none — The detailed cash advance fee adds that an ATM operator's own fee counts in the amount the 5% is taken from and that the fee is added to the Cash Advance balance.
• defined by (model-proposed): A cash advance covers cash and cash equivalents, such as foreign currency, digital currency, casino chips and betting — The definition of a cash advance determines which charges the cash advance fee applies to.

Charges & Financial Obligations · Company practice

Foreign Transaction fee is none; foreign-currency charges are converted at a rate AEEML chooses

How Rates and Fees Work states the Foreign Transaction fee as "None". A separate Part 3 term says foreign-currency charges are converted to U.S. dollars by AE Exposure Management Ltd. (AEEML) on the date Amex or its agents process them, at a rate AEEML chooses; that term is carded in Part 3. The two statements are different things: the first says no fee is listed for foreign transactions, the second says how the conversion rate is set.

Supporting quotations

Foreign Transaction: None.

If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it

Not stated here

• Whether the conversion rate AEEML chooses includes any margin beyond the rates the document names is not stated.

Cross-references

• refers to (model-proposed): Foreign-currency charges are converted to U.S. dollars by AEEML at a rate capped by official or interbank rates — The statement that no foreign transaction fee is listed is read together with the term on how foreign-currency charges are converted.

Charges & Financial Obligations · Company practice

Late Payment fee is $29, then $40 on a repeat within 6 billing periods, capped at the prior statement's Amount Due

The Late Payment fee is "Up to $40". If Amex does not receive the Amount Due (or Minimum Payment Due, if applicable) by the Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is $40. However, the late fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Supporting quotations

Late Payment: Up to $40.

If we do not receive the Amount Due (or Minimum Payment Due, if applicable) by the Payment Due Date, the fee is $29.

If this happens again within the next 6 billing periods, the fee is $40.

However, the late fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Qualifications & exceptions

• The $40 amount applies when the late payment happens again within the next 6 billing periods.
• The cap uses the prior billing statement's Amount Due (or Minimum Payment Due, if applicable).

Not stated here

• The document does not say whether the repeat window restarts after each late payment beyond the words "within the next 6 billing periods".

Cross-references

• narrows (model-proposed): Late payment and returned payment fees are up to $40 each — The detailed Late Payment terms ($29 first, $40 on a repeat within the next 6 billing periods, capped at the prior statement's Amount Due) narrow the table's "Up to $40".

Charges & Financial Obligations · Company practice

Returned Payment fee is $29 the first time and $40 on a repeat in the same or next 6 billing periods, with the same cap

If you make a payment that is returned unpaid the first time Amex presents it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40. The returned payment fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement. The table lists the fee as "Up to $40".

Supporting quotations

Returned Payment: Up to $40.

If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29.

If you do this again within the same billing period or the next 6 billing periods, the fee is $40.

However, the returned payment fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Qualifications & exceptions

• The repeat window here is "the same billing period or the next 6 billing periods", slightly wider than the late-payment window.

Cross-references

• narrows (model-proposed): Late payment and returned payment fees are up to $40 each — The detailed Returned Payment terms ($29 first, $40 on a repeat in the same or next 6 billing periods, with the same cap) narrow the table's "Up to $40".

Charges & Financial Obligations · Company practice

Returned Check fee is $38 plus the unpaid amount when a check cashed with the card is returned

If you use your card to cash a check at one of Amex's approved locations and the check is returned unpaid, the fee is $38, and Amex will also charge you the unpaid amount.

Supporting quotations

Returned Check: $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid.

We will also charge you the unpaid amount.

Charges & Financial Obligations · Company practice

Account Re-opening fee is $25 if a cancelled Account is re-opened at your request

The Account Re-opening fee is $25 if your Account is cancelled, you ask Amex to re-open it, and Amex does so. Part 3 repeats this in softer terms ("we may charge you a $25 fee").

Supporting quotations

Account Re-opening: $25 if your Account is cancelled, you ask us to re-open it, and we do so.

Cross-references

• referred to by (model-proposed): If a cancelled Account is re-opened at your request, Amex may charge a $25 fee — The Part 3 statement that Amex may charge a $25 re-opening fee repeats the Part 1 fee.

Charges & Financial Obligations · Restriction or exception

Cash advance balance may not exceed $3,000 and you agree to manage the Account to stay within it

Your cash advance balance may not exceed $3,000. The balance counts fees and interest, and for this limit it is figured by adding new cash advance transactions to the prior day's ending cash advance balance. You agree to manage your Account so that the cash advance balance (including fees and interest) is not more than the Cash Advance Limit. There may also be a separate limit on the amount of cash and number of times you can get cash from ATMs in a given period.

Supporting quotations

Cash Advance Limit: Your cash advance balance may not exceed $3,000.

There may also be a limit on the amount of cash and number of times you can obtain cash from ATMs in a given period.

You agree to manage your Account so that your cash advance balance (including fees and interest) is not more than the Cash Advance Limit.

For purposes of the Cash Advance Limit, your cash advance balance will be determined by adding new cash advance transactions to the ending cash advance balance of the prior day.

Not stated here

• The ATM cash and frequency limit is not quantified; the text only says "there may also be a limit".
• The document does not say what happens if the balance exceeds the limit apart from this agreement to manage the Account within it.

Charges & Financial Obligations · Restriction or exception

A cash advance may be declined if it would push balances over the Pay Over Time Limit

In addition to the $3,000 limit, Amex "may not approve" a cash advance transaction if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to go over your Pay Over Time Limit. The Pay Over Time Limit is explained in Part 2 and its amount is account-specific.

Supporting quotations

In addition, we may not approve a cash advance transaction if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to go over your Pay Over Time Limit.

Not stated here

• The amount of the Pay Over Time Limit is account-specific and not stated in this document.

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions are limited to $2,000 in any 30-day period

Your person-to-person transactions may not exceed $2,000 within any 30-day period, and you agree to manage your Account so the 30-day total stays within the Person-to-Person Limit. Amex may not approve a person-to-person transaction that would cause the Account to exceed the limit. Part 2 defines a person-to-person transaction as a charge for funds sent to another person or a charge to add funds to your Amex Send account.

Supporting quotations

Person-to-Person Limit: Your person-to-person transactions may not exceed $2,000 within any 30-day period.

You agree to manage your Account so that the total of your person-to-person transactions in any 30-day period does not exceed the Person-to-Person Limit.

We may not approve a person-to-person transaction if it would cause your Account to exceed the applicable Person-to- Person Limit.

Cross-references

• defined by (model-proposed): Definitions of charge, purchase, person-to-person transaction, plan and Closing Date — The definition of a person-to-person transaction determines which charges count toward the person-to-person limit.

Charges & Financial Obligations · Procedure

Monthly amount due is the Pay In Full New Balance plus any Pay Over Time/Cash Advance Minimum Due and Plan Payment Due

The amount you owe each month is the sum of three items on your billing statement: the Pay In Full New Balance; any Pay Over Time and/or Cash Advance Minimum Due; and any Plan Payment Due. These amounts include any past due amounts. Note the vocabulary: this section speaks of "the amount you owe each month" and of a "Minimum Due", while other sections speak of the "Amount Due" and the "Minimum Payment Due"; the worked example below calls the sum of the Pay In Full New Balance and the Pay Over Time/Cash Advance Minimum Due the Minimum Payment Due.

Supporting quotations

The amount you owe each month is the sum of the following on your billing statement:

The Pay In Full New Balance

Any Pay Over Time and/or Cash Advance Minimum Due

Any Plan Payment Due

Above amounts include any past due amounts.

Not stated here

• The document does not define how "Amount Due" and "Minimum Payment Due" relate to each other in every context; it uses both terms.

Charges & Financial Obligations · Procedure

Pay Over Time/Cash Advance Minimum Due is the highest of $40, 2% of the New Balance, or a tiered calculation

The Pay Over Time and/or Cash Advance Minimum Due is the highest of three amounts: $40; 2% of the Pay Over Time and/or Cash Advance New Balance; or the total from a stepped calculation that starts from the New Balance minus the Interest charged on the billing statement (the "Amount"). The steps are in the next card. The extracted text shows these three alternatives as list items; the worked example later refers to them as 1., 2. and 3., but the list numbers are not present in the extracted text.

Supporting quotations

Your Pay Over Time and/or Cash Advance Minimum Due is the highest of:

$40

2% of the Pay Over Time and/or Cash Advance New Balance

The total calculated by following these steps: Use the Pay Over Time and/or Cash Advance New Balance minus the Interest charged on the billing statement as the Amount to calculate the sum of a. through d. below:

Charges & Financial Obligations · Procedure

The stepped calculation applies 1%, 2%, 5% and 10% bands, rescales, then adds interest and past-due amounts

For the third alternative, the "Amount" is the Pay Over Time and/or Cash Advance New Balance minus the Interest charged. Take 1% of the Amount from $0 through $20,000, 2% of the Amount from $20,000.01 through $35,000, 5% from $35,000.01 through $50,000 and 10% above $50,000, and add these (a. through d.). Then divide that sum by the Amount and round to four decimals (e.), multiply by the Amount (f.), and add the Interest charged on the billing statement plus any Pay Over Time and/or Cash Advance amount past due (g.).

Supporting quotations

a. 1% of the Amount from $0 through $20,000

b. 2% of the Amount from $20,000.01 through $35,000

c. 5% of the Amount from $35,000.01 through $50,000

d. 10% of the Amount above $50,000

e. Then divide the sum from steps a. through d. by the Amount and round to four decimals

f. Multiply by the Amount

g. Add the Interest charged on the billing statement Plus any Pay Over Time and/or Cash Advance amount past due.

Qualifications & exceptions

• The bands apply to the Amount (New Balance minus Interest charged), not to the New Balance itself.

Charges & Financial Obligations · User right or choice

The Minimum Due never exceeds the New Balance, and you may pay more than the minimum at any time

Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash Advance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash Advance New Balance.

You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Charges & Financial Obligations · Context

Worked example, inputs and first steps: $200 Pay In Full New Balance and $30,300 Pay Over Time/Cash Advance New Balance

The example assumes a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300 that includes Interest of $300. The three alternatives come out as: $40; 2% of $30,300, which is $606; and a stepped calculation that begins with $30,300 minus $300, which is $30,000, and then 1% of $20,000, which is $200, followed by 2% of $10,000, which is $200. The example finishes in the next section.

Supporting quotations

EXAMPLE: You have: a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300, which includes Interest of $300.

$40

2% multiplied by $30,300 equals $606

$30,300 minus $300 equals $30,000

a. 1% multiplied by $20,000 equals $200

b. 2% multiplied by ($30,000 minus $20,000) equals $200

Charges & Financial Obligations · Context

Worked example result: Minimum Due of $699 plus $200 Pay In Full balance gives a Minimum Payment Due of $899

The example finishes the stepped calculation: 1% of $20,000 is $200 and 2% of the next $10,000 is $200, with nothing in the 5% and 10% bands. The sum of $400 divided by $30,000 gives 0.0133 (rounded to four decimals); multiplied by $30,000 this is $399, and adding the $300 of Interest gives $699. The highest of the three alternatives ($40, $606 and $699) is $699. That Pay Over Time and/or Cash Advance Minimum Due of $699, plus the Pay in Full New Balance of $200, make up a Minimum Payment Due of $899.

Supporting quotations

a. 1% multiplied by $20,000 equals $200

b. 2% multiplied by ($30,000 minus $20,000) equals $200

c. 5% multiplied by $0 equals $0

d. 10% multiplied by $0 equals $0

e. ($200 plus $200) divided by $30,000 equals 0.0133

f. $30,000 multiplied by 0.0133 equals $399

g. $399 plus $300 equals $699

The highest of 1., 2. or 3. is $699.

The Pay Over Time and/or Cash Advance Minimum Due of $699 plus the Pay in Full New Balance of $200 together make up the Minimum Payment Due of $899.

Qualifications & exceptions

• An illustration with assumed balances, not a statement of any Card Member's amount.

Charges & Financial Obligations · Company practice

Interest on cash advances runs from the transaction date and cannot be avoided

Amex charges interest on cash advances from the transaction date, and the text states "You cannot avoid paying interest on cash advances". Interest on Pay Over Time balances follows the rules described in the next cards.

Supporting quotations

We charge interest on Pay Over Time balances as described below.

For cash advances, we charge interest from the transaction date.

You cannot avoid paying interest on cash advances.

Cross-references

• refers to (model-proposed): Table summary of when interest is charged: due date, no-interest condition, cash advance interest from transaction date — The table summary and the grace-period section both state that cash advance interest runs from the transaction date.

Charges & Financial Obligations · Company practice

Interest on Pay Over Time charges starts at the transaction date, or the day after a Closing Date move

For charges added automatically to a Pay Over Time balance when they post, Amex charges interest from the transaction date until they are paid. For charges (or portions) that Amex automatically moves from your Pay In Full balance to your Pay Over Time balance on your Closing Date, interest runs from the day after they are added to the Pay Over Time balance until they are paid. The Closing Date move is something you authorize in Part 2 under the Pay Over Time terms.

Supporting quotations

For charges added automatically to a Pay Over Time balance at the time they post to your account, we charge interest from the transaction date until they are paid.

For charges or portions of charges that we automatically move from your Pay In Full balance to your Pay Over Time balance on your Closing Date, we charge interest from the day after they are added to your Pay Over Time balance until they are paid.

you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.

Qualifications & exceptions

• Different start dates apply to the two kinds of Pay Over Time charge.

Cross-references

• refers to (model-proposed): On the Closing Date, eligible new Pay In Full charges may be moved to Pay Over Time if the Limit allows — Interest on charges moved on the Closing Date runs from the day after they are added, which applies to the charges the Closing Date authorization moves.

Charges & Financial Obligations · Restriction or exception

No interest on automatic Pay Over Time charges if the previous balance was zero or the last two bills were paid in full

Amex will not charge interest on charges added automatically to the Pay Over Time balance in a billing period if either (a) the Pay Over Time Previous Balance for the billing period is zero, or (b) you paid the Account Total New Balance (or, if you have an active Plan It plan, the Adjusted Balance) in full by the Payment Due Date for each of the previous two billing periods. The Part 1 table summarises this as paying the Account Total New Balance "each month"; the test here looks at the previous balance or the previous two billing periods.

Supporting quotations

However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

your Pay Over Time Previous Balance for the billing period is zero; or

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement

Qualifications & exceptions

• The two conditions are alternatives (the first ends with "or").
• Applies to charges added automatically to the Pay Over Time balance; cash advances accrue interest from the transaction date.

Not stated here

• The document does not say how the table's "each month" wording and this previous-two-periods test interact when a Card Member paid in full this month but not in an earlier month.

Cross-references

• contrast (model-proposed): Table summary of when interest is charged: due date, no-interest condition, cash advance interest from transaction date — The Part 1 table summary says no interest is charged on automatic Pay Over Time charges if you pay the Account Total New Balance "each month"; the fuller grace-period section tests whether the Pay Over Time Previous Balance is zero or whether the balance was paid in full for each of the previous two billing periods. The two wordings pull slightly differently and the document does not reconcile them.

Charges & Financial Obligations · Company practice

Pay Over Time Select purchases accrue interest from the date they are added

For Pay Over Time Select, Amex charges interest on purchases added at your request to a Pay Over Time Select balance from the date they are added until they are paid. The sentence is the only place this document mentions Pay Over Time Select; it does not define the feature or its rate.

Supporting quotations

For Pay Over Time Select: we charge you interest on purchases added at your request to a Pay Over Time Select balance from the date they are added to a Pay Over Time Select balance until they are paid

Not stated here

• The document does not define Pay Over Time Select or say whether it is available on this Account or at what rate.

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.

Charges & Financial Obligations · User right or choice

You can cancel the Card without paying fees if you have not yet used the Account or made a payment after a statement

If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees. The sentence is quoted exactly because its two conditions are not tied together precisely: it does not say whether not having used the Account, or not having made a payment after the first statement, is enough on its own, or whether both must be true.

Supporting quotations

If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Not stated here

• Whether "not yet used the Account" and "made a payment ... after receiving a billing statement" are alternative or combined conditions is not clear from the wording.
• The document does not say how to cancel in this sentence.

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.

Charges & Financial Obligations · Context

A cash advance covers cash and cash equivalents, such as foreign currency, digital currency, casino chips and betting

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. Because the Rates and Fees Table, the cash advance limit, the interest-start rules and the Pay Over Time rules treat "cash advances" differently from other charges, a charge that falls in this definition is covered by those separate terms.

Supporting quotations

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

Qualifications & exceptions

• The list uses "including", so it gives examples of cash equivalents rather than a closed list.

Cross-references

• defines (model-proposed): Cash advance fee is 5% (minimum $10), counts any ATM operator fee, and is added to the Cash Advance balance — The definition of a cash advance determines which charges the cash advance fee applies to.

Charges & Financial Obligations · Context

Definitions of charge, purchase, person-to-person transaction, plan and Closing Date

A charge is any amount added to your Account, such as purchases, cash advances, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex Send account. A plan is a portion of your Account balance that you have selected to pay through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period it covers.

Supporting quotations

A charge is any amount added to your Account, such as purchases, cash advances, fees, and interest charges.

A purchase is a charge for goods, services, or person-to-person transactions.

A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

A plan is a portion of your Account balance that you have selected to pay through a set number of monthly payments using Plan It.

The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• Because a person-to-person transaction is also a "purchase", the person-to-person limit and the purchase terms can both apply to it.

Cross-references

• defines (model-proposed): Person-to-person transactions are limited to $2,000 in any 30-day period — The definition of a person-to-person transaction determines which charges count toward the person-to-person limit.

Account & Service Control · Company practice

Amex decides whether to approve a charge based on spending, payment, other Accounts, credit history and resources

You may use the Card to make charges. Amex decides whether to approve a charge based on how you spend and pay on this Account and other Accounts you have with us, and also considers your credit history and score and your personal resources that it knows about.

Supporting quotations

Using the Card: You may use the Card to make charges.

We decide whether to approve a charge, based on how you spend and pay on this Account and other Accounts you have with us.

We also consider your credit history and score and your personal resources that we know about.

Not stated here

• The document does not list the weight of each factor or how "personal resources that we know about" are determined.

Account & Service Control · Restriction or exception

You agree to use the Card for personal, family or household purposes only

You agree to use the Card for personal, family, or household purposes only.

Supporting quotations

You agree to use the Card for personal, family, or household purposes only.

Account & Service Control · Company practice

If a Spending Limit applies, exceeding it makes declines more likely, but Amex may still approve or decline charges

If there is a Spending Limit on page 1 of Part 1, the Account has a preset Spending Limit. If your total balance exceeds it, Amex is more likely to decline your charges. Amex may approve charges that cause your total balance to exceed the Spending Limit, and if so you must still pay them. Amex may also decline charges even if they do not cause the total balance to exceed the Spending Limit, and may change or remove the Spending Limit at any time.

Supporting quotations

However, if there is a Spending Limit on page 1 of Part 1 of this Agreement, then your Account has a preset Spending Limit.

If at any time your total balance exceeds this Spending Limit, we are more likely to decline to authorize your charges.

We may approve charges that cause your total balance to exceed the Spending Limit. If we do, you must still pay us for those charges.

We may also decline to authorize charges, even if they do not cause your total balance to exceed the Spending Limit.

We may change or remove the Spending Limit at any time.

Not stated here

• This public Part 1 shows no Spending Limit, so whether one applies to any Account is not stated here.

Account & Service Control · Permission or license

You may let merchants and third parties store your Card number and expiration date

You may arrange for certain merchants and third parties to store your Card number and expiration date, for example so a merchant can charge your Account at regular intervals or you can make charges using the stored Card information.

Supporting quotations

You may arrange for certain merchants and third parties to store your Card number and expiration date

Sharing & Disclosure · User right or choice

Amex may tell stored-card merchants about a new Card number or Account status; you can ask it not to

Amex may (but is not required to) tell merchants and third parties that store your Card information if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled. If you do not want Amex to share your updated Account information, you can contact Amex using the number on the back of your Card.

Supporting quotations

We may (but are not required to) tell these merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled.

If you do not want us to share your updated Account information, please contact us using the number on the back of your Card.

Qualifications & exceptions

• Applies to merchants and third parties that store your Card information under the arrangement in the previous paragraph.

Security & Safeguards · Restriction or exception

Keep the Card safe, report loss or unauthorized use right away, and do not use the Account for illegal activities

You should keep your Card safe and not let anyone else use it. If your Card is lost or stolen or your Account is being used without your permission, you must contact Amex right away. You may not use your Account for illegal activities.

Supporting quotations

Keep your Card safe and don't let anyone else use it.

If your Card is lost or stolen or your Account is being used without your permission, contact us right away.

You may not use your Account for illegal activities.

Not stated here

• This passage does not say who bears losses from unauthorized use.

Account & Service Control · Restriction or exception

Amex may decline a charge, including for suspected fraud or creditworthiness, and is not liable for resulting losses

Amex may decline to authorize a charge for various reasons, including if it suspects fraud or based on its assessment of your creditworthiness, even if your Account is not in default. Amex is not responsible for any losses you incur if it does not authorize a charge or if any merchant refuses to accept the Card.

Supporting quotations

We may decline to authorize a charge for various reasons, including if we suspect fraud or based on our assessment of your creditworthiness, even if your Account is not in default.

We are not responsible for any losses you incur if we do not authorize a charge or if any merchant refuses to accept the Card.

Charges & Financial Obligations · User right or choice

Pay Over Time lets you carry an interest-bearing balance up to your Limit, with active and inactive settings

If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit, which applies to the total of your Pay Over Time, Cash Advance and Plan balances. Pay Over Time has two settings, active and inactive, and you can change or view the setting at any time through your online account or by calling the number on the back of your Card. Charges are added to the Pay Over Time balance as described in the following paragraphs.

Supporting quotations

Pay Over Time: If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit.

Pay Over Time has two settings: active and inactive.

You can change or view your Pay Over Time setting at any time through your online account or by calling the number on the back of your Card.

The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances.

Qualifications & exceptions

• Applies only if Pay Over Time is a feature of your Account.

Not stated here

• Whether Pay Over Time is a feature of this particular Account is not stated in this generic document; the Part 1 table lists a Pay Over Time APR.

Cross-references

• qualified by (model-proposed): The Pay Over Time Limit caps the combined Pay Over Time, Cash Advance and Plan balances, with a posting-delay exception — The Pay Over Time Limit described in Account Features applies to the total of the Pay Over Time, Cash Advance and Plan balances, and the later definition adds its exceptions and the charge-overflow rule.

Charges & Financial Obligations · Restriction or exception

When Pay Over Time is inactive, purchases and Annual Fees go to the Pay In Full balance due in full each month

Purchases made and Annual Fees charged while Pay Over Time is set to inactive are added to your Pay In Full balance, which is due in full each month.

Supporting quotations

Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month.

Charges & Financial Obligations · User right or choice

With a Pay Over Time balance you can pay in full, the Minimum Payment Due, or any amount in between each month

If you have a Pay Over Time balance, you can choose each month to pay your Account Total New Balance in full, the Minimum Payment Due, or any amount in between.

Supporting quotations

If you have a Pay Over Time balance, you can choose each month to pay your Account Total New Balance in full, the Minimum Payment Due, or any amount in between.

Qualifications & exceptions

• Paying less than the full balance leaves interest-bearing balances; the no-interest conditions are in Part 1.

Charges & Financial Obligations · Company practice

Eligible charges go to the Pay Over Time balance automatically if it is active at 8 p.m. ET on the transaction date

If Pay Over Time is set to active at 8 p.m. ET on the transaction date the merchant provides for an eligible charge, or on the date an eligible Annual Fee is charged to your Account, the charge is automatically added to your Pay Over Time balance, subject to your Pay Over Time Limit. Cash advances and some other charges are not eligible (see the eligibility card).

Supporting quotations

On the Transaction Date:

If Pay Over Time is set to active at 8 p.m.ET on the transaction date provided by the merchant for an eligible charge, or on the date when an eligible Annual Fee is charged to your Account, the charge will automatically be added to your Pay Over Time balance, subject to your Pay Over Time Limit.

Qualifications & exceptions

• Subject to the Pay Over Time Limit and to charge eligibility.

Cross-references

• qualified by (model-proposed): Cash advances are not eligible for Pay Over Time; Amex may change eligibility and may suspend Pay Over Time at any time — Ineligible charges and the right to suspend Pay Over Time qualify the rule that eligible charges are automatically added when Pay Over Time is active.

Charges & Financial Obligations · Restriction or exception

A charge that would push balances over the Pay Over Time Limit goes entirely to the Pay In Full balance

If adding an entire charge to the Pay Over Time balance would make the total of your Pay Over Time, Cash Advance and Plan balances exceed your Pay Over Time Limit, that whole charge is added to your Pay In Full balance instead. Part 2's description of the Pay Over Time Limit says the same: a charge that would push the Pay Over Time balance over the limit is added to the Pay In Full balance.

Supporting quotations

If the addition of an entire charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

If the addition of a charge would cause your Pay Over Time balance to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

Qualifications & exceptions

• This rule applies when charges post; on the Closing Date a partial move is possible (see the Closing Date cards).

Cross-references

• contrast (model-proposed): On the Closing Date a charge that would exceed the Limit is moved only in part, in order of transaction date — When a charge posts, one that would exceed the Pay Over Time Limit goes entirely to the Pay In Full balance; on the Closing Date a charge that would exceed it is moved in part. The two rules apply at different times and are not reconciled in one statement.

Charges & Financial Obligations · Company practice

The merchant's transaction date can differ from your purchase date, and same-date charges are added in any order

The transaction date provided by the merchant may differ from the date you made the purchase, for example if there is a delay in the merchant submitting the transaction to Amex or if the merchant uses the shipping date as the transaction date. Charges with the same transaction date are added to the Pay Over Time balance in any order Amex chooses.

Supporting quotations

The transaction date provided by the merchant may differ from the date you made the purchase if, for example, there is a delay in the merchant submitting the transaction to us or if the merchant uses the shipping date as the transaction date.

Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

Not stated here

• The document does not say how a different transaction date affects which charges fit under the Pay Over Time Limit beyond the order rule stated.

Charges & Financial Obligations · Permission or license

On the Closing Date, eligible new Pay In Full charges may be moved to Pay Over Time if the Limit allows

On your Closing Date, if the total of your Pay Over Time, Cash Advance and Plan balances is less than your Pay Over Time Limit, Pay Over Time is set to active at 8 p.m. ET, and there are eligible new charges in your Pay In Full balance with a transaction date when Pay Over Time was set to active, you authorize Amex to automatically move all or a portion of those charges to your Pay Over Time balance, subject to the Pay Over Time Limit. Interest on charges moved this way runs from the day after they are added to the Pay Over Time balance. The extracted text numbers the conditions "1)" and "3)" and the "2)" marker is missing, so the second condition is read from the sentence order: Pay Over Time is set to active at 8 p.m. ET.

Supporting quotations

On your Closing Date:

Also, if on your Closing Date, 1) the total of your Pay Over Time, Cash Advance, and Plan balances is less than your Pay Over Time Limit,

Pay Over Time is set to active at 8 p.m. ET and 3) there are eligible new charges in your Pay In Full balance with a transaction date when Pay Over Time was set to active, you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.

we charge interest from the day after they are added to your Pay Over Time balance until they are paid

Qualifications & exceptions

• Condition 2 appears without its number in the extracted text; its content is read from the sentence as extracted.

Not stated here

• The extracted text drops the "2)" marker between the first and third conditions.

Cross-references

• referred to by (model-proposed): Interest on Pay Over Time charges starts at the transaction date, or the day after a Closing Date move — Interest on charges moved on the Closing Date runs from the day after they are added, which applies to the charges the Closing Date authorization moves.
• has exception (model-proposed): Disputed, fraud-reported, planned and foreign-fee charges are not eligible to move on the Closing Date — The listed ineligible charges are exceptions to the Closing Date authorization to move eligible charges.

Charges & Financial Obligations · Company practice

On the Closing Date a charge that would exceed the Limit is moved only in part, in order of transaction date

If adding a charge to the Pay Over Time balance on the Closing Date would make the total of your Pay Over Time, Cash Advance and Plan balances exceed the Pay Over Time Limit, Amex moves a portion of that charge up to the Pay Over Time Limit, and the remaining portion stays in your Pay In Full balance. Eligible charges are moved in order of the transaction dates, and charges with the same transaction date are added in any order Amex chooses. This differs from the rule when charges post, where a charge that would exceed the limit goes entirely to the Pay In Full balance.

Supporting quotations

If the addition of a charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, we will move a portion of that charge to your Pay Over Time balance, up to your Pay Over Time Limit.

The remaining portion of the charge will remain in your Pay In Full balance.

Eligible charges will be moved to your Pay Over Time balance in order of the transaction dates.

Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

Cross-references

• contrast (model-proposed): A charge that would push balances over the Pay Over Time Limit goes entirely to the Pay In Full balance — When a charge posts, one that would exceed the Pay Over Time Limit goes entirely to the Pay In Full balance; on the Closing Date a charge that would exceed it is moved in part. The two rules apply at different times and are not reconciled in one statement.

Charges & Financial Obligations · Restriction or exception

Disputed, fraud-reported, planned and foreign-fee charges are not eligible to move on the Closing Date

A new charge, or a portion of one, will not be eligible to be moved to the Pay Over Time balance on your Closing Date if: it is subject to a Foreign Transaction Fee; it or a portion of it is disputed (for a reason other than fraud) and the dispute is not resolved in the same billing period in which it was opened; it or a portion of it is reported as fraudulent and either Amex determined it fraudulent in the same billing period in which it posted or has not yet determined whether it is fraudulent in that billing period; you created a plan for it with Plan It; Pay Over Time is suspended on your Account; or your Account is cancelled or enrolled in a payment program.

Supporting quotations

A new charge, or a portion of a new charge, will not be eligible to be moved to your Pay Over Time balance on your Closing Date if:

that charge is subject to a Foreign Transaction Fee;

that charge or a portion of that charge is disputed (for a reason other than fraud) and that dispute is not resolved in the same billing period in which it was opened;

that charge or a portion of that charge is reported as fraudulent and either (i) we determined the charge is fraudulent in the same billing period in which it was posted to your Account, or (ii) we have not yet determined if the charge is fraudulent in the same billing period in which it was posted to your Account;

you created a plan for that charge using Plan It;

Pay Over Time is suspended on your Account; or

your Account is cancelled or enrolled in a payment program.

Qualifications & exceptions

• The conditions are alternatives; any one makes the charge or portion ineligible for the Closing Date move.

Not stated here

• "Payment program" is not defined in this document.
• Part 1 lists the Foreign Transaction fee as none, so whether any charge on this Account is "subject to a Foreign Transaction Fee" is not stated here.

Cross-references

• exception to (model-proposed): On the Closing Date, eligible new Pay In Full charges may be moved to Pay Over Time if the Limit allows — The listed ineligible charges are exceptions to the Closing Date authorization to move eligible charges.

Charges & Financial Obligations · Restriction or exception

Cash advances are not eligible for Pay Over Time; Amex may change eligibility and may suspend Pay Over Time at any time

Certain charges, such as cash advances, are not eligible for Pay Over Time, and Amex may change the eligibility of other charges. Amex may suspend Pay Over Time at any time based on its assessment of your creditworthiness, the status of your Account and/or your enrollment in a payment program.

Supporting quotations

Certain charges are not eligible for Pay Over Time, such as cash advances and we may change the eligibility of other charges for Pay Over Time.

We may suspend Pay Over Time at any time based on our assessment of your creditworthiness, the status of your Account, and/or your enrollment in a payment program.

Not stated here

• "Payment program" is not defined in this document.

Cross-references

• qualifies (model-proposed): Eligible charges go to the Pay Over Time balance automatically if it is active at 8 p.m. ET on the transaction date — Ineligible charges and the right to suspend Pay Over Time qualify the rule that eligible charges are automatically added when Pay Over Time is active.

Charges & Financial Obligations · Restriction or exception

You cannot switch Pay Over Time from inactive to active if the Account is past due or Pay Over Time is suspended

If your Account is past due or Pay Over Time is suspended, you will not be able to change your Pay Over Time setting from inactive to active.

Supporting quotations

In addition, if your Account is past due or Pay Over Time is suspended, you will not be able to change your Pay Over Time setting from inactive to active.

Account & Service Control · Company commitment

Your Pay Over Time setting stays in effect if you transfer to a new Card with the same Account number

If you transfer to a new Card with the same Account number, your Pay Over Time setting at the time of transfer remains in effect on the new Card.

Supporting quotations

If you transfer to a new Card with the same Account number, your Pay Over Time setting at time of transfer will remain in effect on your new Card.

Charges & Financial Obligations · Company practice

Pay Over Time Travel adds eligible travel purchases to its own balance whatever the setting; cancelling is permanent

If you have the Pay Over Time Travel feature on your Account, Amex automatically adds eligible travel-related purchases to your Pay Over Time Travel balance, subject to your Pay Over Time Limit, whether your Pay Over Time setting is active or inactive. If you request to cancel your Pay Over Time Travel feature, you will not be able to re-enroll.

Supporting quotations

If you have the Pay Over Time Travel feature on your Account: we will automatically add eligible travel-related purchases to your Pay Over Time Travel balance subject to your Pay Over Time Limit regardless of whether your Pay Over Time setting is active or inactive.

If you request to cancel your Pay Over Time Travel feature, you will not be able to re-enroll.

Not stated here

• The document does not define "eligible travel-related purchases" or say whether this Account has the Pay Over Time Travel feature.

Charges & Financial Obligations · Permission or license

Amex may offer Plan It, which turns qualifying purchases into a payment plan with a monthly plan fee

Amex may offer you Plan It, which lets you create a payment plan for qualifying purchases, subject to a plan fee. The plan fee is a fixed finance charge charged each month a plan is active. You use the feature by selecting qualifying purchases and a plan duration. The details of the plan fee basis, qualifying purchases and eligibility are in the next section.

Supporting quotations

Plan It: We may offer you Plan It, which allows you to create a payment plan for qualifying purchases subject to a plan fee.

This fee is a fixed finance charge that will be charged each month that a plan is active.

You may use this feature by selecting qualifying purchases and a plan duration.

Qualifications & exceptions

• "May offer" means availability is at Amex's discretion.

Charges & Financial Obligations · Company practice

Plan fee is based on the APR for the balance the purchase was in, with a plan fee shown before you create the plan

You can view the monthly plan payments, including the plan fee, for your selection. A purchase in your Pay Over Time balance that you put into a plan is added to a plan balance and the plan fee is based on the APR that would otherwise apply to it. A purchase in your Pay In Full balance is added to a plan balance and the fee is based on the APR that applies to the Pay Over Time feature when you create the plan. A purchase divided between the two balances (because only part of it was moved to Pay Over Time on the Closing Date) uses whichever of those two APRs is lower. The table caps the monthly plan fee at up to 1.33% of each purchase placed in a plan.

Supporting quotations

You will be able to view the monthly plan payments, including the plan fee, for your selection.

If you create a plan for a purchase in your Pay Over Time balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that would otherwise apply to the purchase amount.

If you create a plan for a purchase that is in your Pay In Full balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that applies to the Pay Over Time feature at the time you create the plan.

If you create a plan for a purchase that is divided between your Pay Over Time and Pay In Full balances, because only a portion of that purchase was moved to your Pay Over Time balance on your Closing Date, the purchase will be added to a plan balance and will be subject to a plan fee based on either the APR that would otherwise apply (to the portion of the purchase that was in your Pay Over Time balance) or the APR that applies to the Pay Over Time feature at the time you create the plan, whichever is lower.

A monthly plan fee of up to 1.33% of each purchase placed in a plan

we will move a portion of that charge to your Pay Over Time balance, up to your Pay Over Time Limit.

Not stated here

• The table also bases the fee on the plan duration and "other factors"; this section does not say how the duration or those factors change the fee.

Cross-references

• qualifies (model-proposed): Plan It fee: a monthly fixed finance charge of up to 1.33% of each purchase placed in a plan — The Plan It section states which APR the plan fee is based on for each kind of purchase, which qualifies the table row's fee basis.

Charges & Financial Obligations · Restriction or exception

Qualifying Plan It purchases must meet a minimum amount and exclude cash, foreign-fee purchases and fees

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to Amex, such as Annual Fees.

Supporting quotations

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount.

Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Not stated here

• The specified dollar amount is not stated in this document.
• Part 1 lists the Foreign Transaction fee as none, so whether any purchase is "subject to Foreign Transaction Fees" on this Account is not stated here.

Charges & Financial Obligations · Restriction or exception

Your ability to create plans depends on creditworthiness and the Limit, and is blocked in several situations

Your ability to create plans depends on factors such as your creditworthiness and your Pay Over Time Limit, and you may not be able to create a plan if it would cause you to exceed the Limit. You will not be able to create plans if your Pay Over Time feature is suspended or your Account is cancelled. You will also not be able to create plans if one or more of your American Express Accounts is enrolled in a payment program, has a payment that is returned unpaid, or is past due.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Pay Over Time Limit.

You may not be able to create a plan if it would cause you to exceed your Pay Over Time Limit.

You will not be able to create plans if your Pay Over Time feature is suspended or your Account is cancelled.

You will also not be able to create plans if one or more of your American Express Accounts is enrolled in a payment program, has a payment that is returned unpaid, or is past due.

Qualifications & exceptions

• The last restriction reaches any of your American Express Accounts, not only this Account.

Not stated here

• "Payment program" is not defined in this document.

Charges & Financial Obligations · Company practice

Amex sets how many active plans you may have (and can change it) and decides durations and multi-purchase plans

Amex will tell you the number of active plans you may have and may change this number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases in a single plan, are at Amex's discretion and based on factors such as your creditworthiness, the purchase amounts and your Account history.

Supporting quotations

We will tell you the number of active plans you may have, and we may change this number at any time.

The plan durations offered to you, and your ability to include multiple qualifying purchases in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history.

Not stated here

• The number of active plans and the available durations are not stated in this document.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled, but paying the full Account Total New Balance early ends future plan fees

Plans cannot be cancelled after they have been created. You can choose to pay them early by paying the Account Total New Balance shown on your most recent billing statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan.

Supporting quotations

Plans cannot be cancelled after they have been created, but you can choose to pay them early by paying the Account Total New Balance shown on your most recent billing statement in full.

If you pay a plan off early, you will not incur any future plan fees on that plan.

Not stated here

• The document does not say whether plan fees already charged are refunded on early payoff; it only says no future plan fees are incurred.

Charges & Financial Obligations · Restriction or exception

The Pay Over Time Limit caps the combined Pay Over Time, Cash Advance and Plan balances, with a posting-delay exception

If you have Pay Over Time, Amex assigns a Pay Over Time Limit to your Account, shown on page 1 of Part 1 and on each billing statement. It applies to the total of your Pay Over Time, Cash Advance and Plan balances, and your Pay Over Time balance cannot exceed it. A charge that would push the Pay Over Time balance over the limit is added to the Pay In Full balance instead. When there is a delay in posting cash advances or plans to your Account, the total of those balances may exceed the Pay Over Time Limit.

Supporting quotations

Pay Over Time Limit: If you have Pay Over Time, we assign a Pay Over Time Limit to your Account, which is shown on page 1 of Part 1 and on each billing statement.

The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances.

Your Pay Over Time balance cannot exceed your Pay Over Time Limit.

If the addition of a charge would cause your Pay Over Time balance to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

When there is a delay in posting cash advances or plans to your Account, the total of your Pay Over Time, Cash Advance, and Plan balances may exceed your Pay Over Time Limit.

Not stated here

• The amount of the Pay Over Time Limit is account-specific and is not shown in this public Part 1.

Cross-references

• qualifies (model-proposed): Pay Over Time lets you carry an interest-bearing balance up to your Limit, with active and inactive settings — The Pay Over Time Limit described in Account Features applies to the total of the Pay Over Time, Cash Advance and Plan balances, and the later definition adds its exceptions and the charge-overflow rule.

Charges & Financial Obligations · Company practice

The Pay Over Time Limit is not a spending limit and Amex may raise or lower it at any time, telling you if it changes

The Pay Over Time Limit is not a spending limit: Amex may approve or decline a charge regardless of whether your Card Account balance is greater or less than the limit. Amex may increase or reduce the Pay Over Time Limit at any time, even if you pay on time and your Account is not in default, and will tell you if it changes the limit.

Supporting quotations

The Pay Over Time Limit is not a spending limit.

We may approve or decline a charge regardless of whether your Card Account balance is greater or less than your Pay Over Time Limit.

We may increase or reduce your Pay Over Time Limit at any time.

We may do so even if you pay on time and your Account is not in default.

We will tell you if we change your Pay Over Time Limit.

Not stated here

• The document does not say how far ahead or by what means you are told of a change.

Charges & Financial Obligations · Restriction or exception

Charges not added to a Pay Over Time, Cash Advance or Plan balance must be paid in full by the Payment Due Date

You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance or Plan balance.

Supporting quotations

You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance, or Plan balance.

Charges & Financial Obligations · Restriction or exception

You promise to pay all charges added to your Account, including those you or Additional Card Members make or permit

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction.

Supporting quotations

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction.

Charges & Financial Obligations · Restriction or exception

You must pay the Amount Due, or at least the Minimum Payment Due, on or before the Payment Due Date

You must pay the Amount Due, or at least the Minimum Payment Due, as applicable, on or before the Payment Due Date, in the time and manner shown on each billing statement.

Supporting quotations

You must pay the Amount Due, or at least the Minimum Payment Due, as applicable, on or before the Payment Due Date in the time and manner shown on each billing statement.

Charges & Financial Obligations · Procedure

Payments must be in U.S. dollars by check, negotiable instrument or electronic payment cleared in the U.S.

Make payments to Amex in U.S. dollars with a single check drawn on a U.S. bank, a single negotiable instrument clearable through the U.S. banking system (for example a money order), or an electronic payment that can be cleared through the U.S. banking system.

Supporting quotations

How to make payments: Make payments to us in U.S. dollars with:

a single check drawn on a U.S. bank, or

a single negotiable instrument clearable through the U.S. banking system, for example a money order, or

an electronic payment that can be cleared through the U.S. banking system.

Charges & Financial Obligations · Procedure

Mailed payments need a separate payment per Account, the coupon address and your Account number

When paying by mail, make a separate payment for each Account, mail it to the address shown on the payment coupon on your billing statement, and write your Account number on the check or negotiable instrument and include the payment coupon.

Supporting quotations

When making a payment by mail:

make a separate payment for each Account,

mail your payment to the address shown on the payment coupon on your billing statement, and

write your Account number on your check or negotiable instrument and include the payment coupon.

Charges & Financial Obligations · Company practice

A conforming payment is credited the day received if on time, otherwise the next day; others may be delayed

If your payment meets the requirements above, Amex credits it to your Account as of the day it receives it, as long as it receives it by the time and in the manner disclosed in your billing statement. If it receives it after that time, it credits the payment on the day after it receives it. If your payment does not meet the requirements, there may be a delay in crediting your Account, which may result in late payment fees and additional interest charges.

Supporting quotations

If your payment meets the above requirements, we will credit it to your Account as of the day we receive it, as long as we receive it by the time and in the manner disclosed in your billing statement.

If we receive it after that time, we will credit the payment on the day after we receive it.

If your payment does not meet the above requirements, there may be a delay in crediting your Account.

This may result in late payment fees and additional interest charges.

Not stated here

• The cut-off time is shown on the billing statement, not in this document.

Charges & Financial Obligations · Restriction or exception

Foreign-currency and non-U.S. bank payments are refused; late or partial payments do not change Amex's rights

Amex will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S. If Amex processes a late payment, a partial payment, or a payment marked with any restrictive language, that has no effect on its rights and does not change the Agreement.

Supporting quotations

We will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S.

If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement.

Charges & Financial Obligations · Procedure

Payments up to the Minimum Payment Due go first to Pay In Full, then plan amounts, then the lowest-rate balances

Because an Account may hold balances with different interest rates (purchases may have no interest rate or a lower one than cash advances) and plan balances with plan fees, Amex describes how it generally applies payments in a billing period. Payments up to the Minimum Payment Due go first to the Pay in Full New Balance, then to any plan amounts included in the Minimum Payment Due, and then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to balances with higher interest rates.

Supporting quotations

here is how we generally apply payments in a billing period:

first to the Pay in Full New Balance; then to any plan amounts included in your Minimum Payment Due; and then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to balances with higher interest rates.

Qualifications & exceptions

• Described as how payments are "generally" applied.

Cross-references

• qualified by (model-proposed): Above the Minimum Payment Due, payments go to the highest-rate balances first, then lower rates, then plan balances — Above the Minimum Payment Due the order changes from lowest-rate-first to highest-rate-first, which qualifies the first-stage payment order.

Charges & Financial Obligations · Procedure

Above the Minimum Payment Due, payments go to the highest-rate balances first, then lower rates, then plan balances

Once the Minimum Payment Due has been paid, Amex applies further payments first to the Pay Over Time and/or Cash Advance balances with the highest interest rate, then to balances with lower interest rates, and then to any Plan balances. This reverses the lowest-rate-first order used for the part of a payment up to the minimum.

Supporting quotations

After the Minimum Payment Due has been paid, we apply payments first to the Pay Over Time and/or Cash Advance balances with the highest interest rate and then to balances with lower interest rates, and then to any Plan balances.

Cross-references

• qualifies (model-proposed): Payments up to the Minimum Payment Due go first to Pay In Full, then plan amounts, then the lowest-rate balances — Above the Minimum Payment Due the order changes from lowest-rate-first to highest-rate-first, which qualifies the first-stage payment order.

Charges & Financial Obligations · Company practice

Credits generally go to the related charge's balance; Amex picks the order within balances and moves excess credits

In most cases Amex applies a credit to the same balance as the related charge. Amex may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If any balance is negative at the end of a billing period, that excess credit is redistributed to other balances according to the payment-application order, which means plan balances may in some circumstances get paid before they otherwise would.

Supporting quotations

In most cases, we apply a credit to the same balance as the related charge.

We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose.

If there is a negative balance in any balance on the account at the end of a billing period, that excess credit will be redistributed to other balances in accordance with how we apply payments described above.

This means that in certain circumstances, plan balances may get paid before they otherwise would.

Qualifications & exceptions

• "In most cases": the related-balance rule is not stated as universal.

Charges & Financial Obligations · Procedure

If you get a credit for a purchase added to a plan, you must call to have it applied to the plan balance

If you receive a credit for a purchase that was added to a plan, you must call Amex at the number on the back of your Card to have the credit applied to the plan balance.

Supporting quotations

If you receive a credit for a purchase added to a plan, you must call us at the number on the back of your Card to have the credit applied to the plan balance.

Not stated here

• The document does not say what happens to the credit if you do not call.

Charges & Financial Obligations · Procedure

Interest is figured balance by balance with the Average Daily Balance method, and the total is the sum across balances

Amex calculates interest for a billing period by first figuring the interest on each balance. Balances within the Pay Over Time feature and Cash Advance balances may have different interest rates. Amex uses the Average Daily Balance method (including new transactions) to figure interest for each balance, and the total interest charged for a billing period is the sum of the interest charged on each balance.

Supporting quotations

We calculate interest for a billing period by first figuring the interest on each balance.

Balances within the Pay Over Time feature and Cash Advance balances may have different interest rates.

We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance.

The total interest charged for a billing period is the sum of the interest charged on each balance.

Charges & Financial Obligations · Procedure

Interest for a balance equals ADB times DPR times the days in the billing period

The interest charged for a balance in a billing period, except for variations caused by rounding, equals the Average Daily Balance (ADB) multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period.

Supporting quotations

The interest charged for a balance in a billing period, except for variations caused by rounding, equals:

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period.

Cross-references

• defined by (model-proposed): ADB is the sum of daily balances divided by the days in the period; a DPR is 1/365th of an APR — The ADB and DPR definitions explain the terms used in the interest formula.
• qualified by (model-proposed): The agreement says DPRs are shown in Part 1, but this published copy lists no Daily Periodic Rate — The formula needs a DPR for each balance, and the agreement points to Part 1 for those values, which this published copy does not show; the formula therefore cannot be completed from this document.

Charges & Financial Obligations · Context

ADB is the sum of daily balances divided by the days in the period; a DPR is 1/365th of an APR

To get the ADB for a balance, Amex adds up its daily balances and divides the result by the number of days in the billing period. A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Supporting quotations

ADB: To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days in the billing period.

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Cross-references

• defines (model-proposed): Interest for a balance equals ADB times DPR times the days in the billing period — The ADB and DPR definitions explain the terms used in the interest formula.

Charges & Financial Obligations · Context

The agreement says DPRs are shown in Part 1, but this published copy lists no Daily Periodic Rate

Part 2 says "Your DPRs are shown in How Rates and Fees Work in Part 1." In this published agreement, the How Rates and Fees Work section of Part 1 holds the Explanation of Variable Rates, Determining the Prime Rate, Fees, Cash Advance and P2P Limits, the amount-due calculation and the grace-period text, and the Rates and Fees Table gives each APR as the Prime Rate plus a margin (some as a range). None of these shows a Daily Periodic Rate value. The DPR is defined only as 1/365th of an APR. This card reports that the published agreement does not show the DPRs; no DPR has been computed from the APRs or taken from another agreement.

Supporting quotations

Your DPRs are shown in How Rates and Fees Work in Part 1.

Not stated here

• The DPR values themselves are not in this published agreement.
• Whether DPRs appear in a Card Member's own copy of Part 1 is not shown by this document.

Cross-references

• qualifies (model-proposed): Interest for a balance equals ADB times DPR times the days in the billing period — The formula needs a DPR for each balance, and the agreement points to Part 1 for those values, which this published copy does not show; the formula therefore cannot be completed from this document.

Charges & Financial Obligations · Context

Worked example: 15.99% rate, $2,250 ADB and 30 days gives a DPR of 0.0438% and $29.57 of interest

The example assumes a single interest rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, equal to 0.0438%. The interest is $2,250 multiplied by 0.0438% multiplied by 30 days, equal to $29.57. The rate in the example is illustrative; 15.99% is not one of the rates in this agreement's table, and the example does not show daily balances.

Supporting quotations

EXAMPLE: Calculating Interest

Assume that you have a single interest rate of 15.99%, your ADB is $2,250 and there are 30 days in the billing period.

The DPR is 15.99% divided by 365 days equals 0.0438%

The Interest is $2,250 multiplied by 0.0438% multiplied by 30 days equals $29.57

Qualifications & exceptions

• An illustration with assumed figures, not a statement of the rate or interest for any Card Member.

Charges & Financial Obligations · Procedure

A daily balance starts from the beginning balance, adds new charges and subtracts payments and credits

Amex figures the daily balance for each balance by taking the beginning balance for the day, adding any new charges, subtracting any payments or credits, and making any appropriate adjustments.

Supporting quotations

Daily Balance: We figure the daily balance for each balance by:

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

Not stated here

• "Appropriate adjustments" is not defined in this passage.

Charges & Financial Obligations · Procedure

New charges enter the daily balance on the transaction date (day after a Closing Date move); negatives count as zero

Amex adds a new charge to a daily balance as of its transaction date, except for charges automatically moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date, which are added as of the day after they are moved. If the daily balance is negative, Amex treats it as zero. The day-after treatment matches the rule that interest on moved charges runs from the day after they are added.

Supporting quotations

We add a new charge to a daily balance as of its transaction date, except for charges automatically moved from your Pay In Full balance to your Pay Over Time balance on your Closing Date, which we add to a daily balance as of the day after they are moved to your Pay Over Time balance.

If the daily balance is negative, we treat it as zero.

we charge interest from the day after they are added to your Pay Over Time balance until they are paid

Charges & Financial Obligations · Procedure

Beginning balances include unpaid interest, so interest compounds daily

For the first day of a billing period the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the period the beginning balance is the previous day's daily balance plus interest equal to the previous day's daily balance multiplied by the DPR for that balance. The document states that this method results in daily compounding of interest.

Supporting quotations

For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest.

For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance.

This method of figuring the beginning balance results in daily compounding of interest.

Charges & Financial Obligations · Permission or license

Amex may use other equivalent methods and may choose not to charge interest on certain types of charges

To figure the ADB and interest charges, Amex may use other formulas or methods that produce equivalent results. Amex may also choose not to charge interest on certain types of charges.

Supporting quotations

To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results.

Also, we may choose not to charge interest on certain types of charges.

Not stated here

• The passage does not say which types of charges might be exempted.

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.

Account & Service Control · Permission or license

Amex may issue Additional Cards at your request and may report their use to credit reporting agencies

Amex may issue Additional Cards on your Account at your request (Additional Cards include Companion Cards, if available). Additional Card Members can use your Account subject to the terms of the Agreement, and Amex may report their use of your Account to credit reporting agencies.

Supporting quotations

We may issue Additional Cards on your Account at your request.

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

Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies.

Not stated here

• The document does not say whether the report to credit reporting agencies is made on the Additional Card Member's own credit file, the Primary Card Member's, or both.

Charges & Financial Obligations · Context

An annual fee for Additional Cards, if any, is shown on page 2 of Part 1; this Part 1 lists none

If an Annual Fee applies to Additional Cards on your Account, Part 2 says it is shown on page 2 of Part 1. In the Part 1 of this agreement the Annual Fee for Additional Cards is listed as "None".

Supporting quotations

If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of this Agreement.

Annual Fee for Additional Cards: None.

Qualifications & exceptions

• Part 2 is generic wording; the Part 1 row for this card states none.

Cross-references

• refers to (model-proposed): Annual Fee is as listed in the Part 1 table; Additional Cards carry no annual fee — The Part 2 pointer to the annual fee for Additional Cards is answered by the Part 1 row stating "None".

Charges & Financial Obligations · Restriction or exception

You are responsible for all use by Additional Card Members and anyone they allow, and must pay the charges

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account, and you must pay for all charges made.

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made.

Sharing & Disclosure · Permission or license

You authorize Amex to give Additional Card Members information about your Account and discuss it with them

You authorize Amex to give Additional Card Members information about your Account and to discuss it with them.

Supporting quotations

You also authorize us to give Additional Card Members information about your Account and to discuss it with them.

Not stated here

• The passage does not limit which Account information may be shared with Additional Card Members.

Charges & Financial Obligations · User right or choice

To end an Additional Card Member's access you contact Amex; any annual fee follows the Part 3 refund policy

Contact Amex if you want to cancel an Additional Card Member's ability to use your Account. If an Annual Fee applies for an Additional Card, the refund policy in the Closing or suspending your Account sub-section of Part 3 applies; if a single Annual Fee applies for a group of Additional Cards, that policy applies when you cancel the Additional Card on which the fee was assessed. That policy refunds an annual fee if you voluntarily close within 30 days after the Closing Date of the billing statement on which the fee appears, and does not apply if your billing address is in Massachusetts when you close the Account.

Supporting quotations

Contact us if you want to cancel an Additional Card Member's ability to use your Account.

If an Annual Fee applies for an Additional Card, please refer to the refund policy disclosed in the Closing or suspending your Account sub-section of Part 3 of this Agreement.

If a single Annual Fee applies for a group of Additional Cards on your Account, this policy will apply when you cancel the Additional Card on which the fee was assessed.

Closing or suspending your Account:

If an Annual Fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears.

If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.

Not stated here

• The Part 3 policy is written about voluntarily closing the Account; this passage says it applies when an Additional Card is cancelled, without restating the 30-day condition for that case.
• The document does not say what applies instead for a Massachusetts billing address.

Cross-references

• refers to (model-proposed): You may close the Account by call or letter; the annual fee is refunded only within 30 days (Massachusetts exception) — The Additional Card refund pointer leads to the Part 3 closing and annual fee refund policy.

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.

Use & Processing · Permission or license

You authorize Amex and its agents to contact you by many means, including automated dialers and texts

If Amex needs to contact you to service your Account or collect amounts you owe, you authorize Amex (and its affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact Amex, or at which Amex believes it can reach you. Amex may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method permitted by law, may use an automated dialer or prerecorded messages, and may contact you on a mobile, wireless or similar device even if you are charged for it.

Supporting quotations

Servicing and Collections: If we need to contact you to service your Account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you.

We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law.

We may contact you using an automated dialer or prerecorded messages.

We may contact you on a mobile, wireless or similar device, even if you are charged for it.

Qualifications & exceptions

• The authorization is for contacts needed to service the Account or collect amounts owed.
• Methods are limited to those "permitted by law".

Not stated here

• The passage does not describe a way to withdraw or limit the authorization.

Data Access & Collection · Company practice

Amex may monitor and record any calls between you and Amex

Amex may monitor and record any calls between you and Amex.

Supporting quotations

Call monitoring: We may monitor and record any calls between you and us.

Not stated here

• The passage does not say how long recordings are kept or how they are used.

Account & Service Control · Restriction or exception

You must notify Amex at once of address, email or phone changes, per Account; Amex may update your billing address

You must notify Amex immediately if you change your mailing address, email address or telephone number. If you have more than one Account, you must notify Amex separately for each Account. Amex may update your billing address if it receives information that the address has changed or is incorrect.

Supporting quotations

You must notify us immediately if you change your mailing address, email address, or telephone number.

If you have more than one Account, you need to notify us separately for each Account.

We may update your billing address if we receive information that it has changed or is incorrect.

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".

Data Access & Collection · Permission or license

Amex will obtain credit reports and other information about you and may use it for any purpose, subject to law

You agree that Amex will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources, including information to verify and re-verify your employment and income. You also agree that Amex will use that information for any purposes (for example marketing to you or evaluating you for a new Account), subject to applicable law.

Supporting quotations

You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources including information to verify and re-verify your employment and income.

And you agree that we will use such information for any purposes (for example, marketing to you or evaluating you for a new Account), subject to applicable law.

Not stated here

• The passage does not name the "other sources".

Sharing & Disclosure · Company practice

You agree Amex will give Account information to credit reporting agencies and tell them if you fail to comply

You agree that Amex will give information about the Account to credit reporting agencies. Amex will tell a credit reporting agency if you fail to comply with the terms of the Agreement, which may have a negative impact on your credit report.

Supporting quotations

You agree that we will give information about the Account to credit reporting agencies.

We will tell a credit reporting agency if you fail to comply with the terms of this Agreement.

This may have a negative impact on your credit report.

Sharing & Disclosure · Procedure

To dispute information given to a credit reporting agency, write to the Credit Bureau Unit naming the information

If you believe information Amex gave to a credit reporting agency is incorrect, you write to American Express Credit Bureau Unit at the address stated (P.O. Box 981537, El Paso, TX 79998-1537). When you write, tell Amex the specific information you believe is incorrect.

Supporting quotations

If you believe information we have given to a credit reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537.

When you write to us, tell us the specific information you believe is incorrect.

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.

Charges & Financial Obligations · Restriction or exception

You agree to pay Amex's reasonable costs, including attorneys' fees, of collecting amounts you owe

You agree to pay all reasonable costs, including attorneys' fees, that Amex incurs to collect amounts you owe.

Supporting quotations

Collection costs: You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe.

Account & Service Control · Permission or license

Amex may at any time, for any reason, cancel the Account or suspend charges or features, and may reinstate it for a fee

Amex may, at any time and for any reason, cancel your Account, suspend your ability to make charges, or cancel or suspend any feature on your Account. If it does, you must still pay for all charges under the terms of the Agreement. Amex may agree to reinstate your Account and any Additional Cards, and charge you any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

Closing or suspending your Account: We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, or cancel or suspend any feature on your Account.

If we do any of these, you must still pay us for all charges under the terms of this Agreement.

We may agree to reinstate your Account, reinstate any Additional Cards issued on your Account, and charge you any applicable annual fees and a fee to reinstate the Account.

Not stated here

• The amount of the fee to reinstate the Account is not stated in this passage; a $25 re-opening fee is stated elsewhere, and the document does not say they are the same fee.

Charges & Financial Obligations · User right or choice

You may close the Account by call or letter; the annual fee is refunded only within 30 days (Massachusetts exception)

You may close your Account by calling or writing to Amex. If an Annual Fee applies, Amex refunds it if you notify Amex that you are voluntarily closing the Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after the 30-day period the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts when you close the Account, this policy does not apply to you.

Supporting quotations

You may close your Account by calling us or writing to us.

If an Annual Fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears.

For cancellations after this 30-day period, the Annual Fee is non-refundable.

If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.

Not stated here

• The passage does not say what applies to a Massachusetts billing address instead.

Cross-references

• referred to by (model-proposed): To end an Additional Card Member's access you contact Amex; any annual fee follows the Part 3 refund policy — The Additional Card refund pointer leads to the Part 3 closing and annual fee refund policy.

Charges & Financial Obligations · Permission or license

If a cancelled Account is re-opened at your request, Amex may charge a $25 fee

If your Account is cancelled and Amex re-opens it at your request, Amex may charge you a $25 fee. Part 1 lists the Account Re-opening fee as $25.

Supporting quotations

If your Account is cancelled and we re-open it at your request, we may charge you a $25 fee.

Cross-references

• refers to (model-proposed): Account Re-opening fee is $25 if a cancelled Account is re-opened at your request — The Part 3 statement that Amex may charge a $25 re-opening fee repeats the Part 1 fee.

Charges & Financial Obligations · Permission or license

Paying by check authorizes a one-time electronic transfer, possibly the same day, and the check is not returned

When you pay by check, you authorize Amex to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account. Your payment may be withdrawn as soon as the same day Amex receives your check, and you will not receive that check back from your bank or financial institution. In certain circumstances Amex may process your payment as a check transaction.

Supporting quotations

When you pay us by check, you authorize us to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account.

When we do this, your payment may be withdrawn from your bank or other asset account as soon as the same day we receive your check, and you will not receive that check back from your bank or financial institution.

In certain circumstances, we may process your payment as a check transaction.

Not stated here

• The passage does not say what the "certain circumstances" are in which a check transaction is used.

Charges & Financial Obligations · Company practice

Foreign-currency charges are converted to U.S. dollars by AEEML at a rate capped by official or interbank rates

If you make a charge in a foreign currency, AE Exposure Management Ltd. (AEEML) converts it into U.S. dollars on the date Amex or its agents process it, and Amex bills you in U.S. dollars on that conversion. Unless a particular rate is required by law, AEEML chooses a conversion rate that is acceptable to Amex for that date. The rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day, and it may differ from the rates in effect on the date of your charge. Charges converted by establishments (such as airlines) are billed at the rates they use.

Supporting quotations

If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion.

Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date.

The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day.

This rate may differ from rates that are in effect on the date of your charge.

We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

• A rate required by law takes precedence ("unless a particular rate is required by law").

Not stated here

• The document does not say whether the chosen rate includes any margin below the stated ceiling, or what a Card Member is charged beyond the converted amount.

Cross-references

• referred to by (model-proposed): Foreign Transaction fee is none; foreign-currency charges are converted at a rate AEEML chooses — The statement that no foreign transaction fee is listed is read together with the term on how foreign-currency charges are converted.

Data Access & Collection · Company practice

Charges at federal agencies: Amex collects charge information for routine uses, including marketing and analysis

Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, Amex collects certain charge information. That information may be put to routine uses such as processing, billing and collections, and it may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register.

Supporting quotations

Privacy Act of 1974: Some federal agencies may accept the Card under authority of statute.

When you make charges at these agencies, we collect certain charge information.

That information may be put to routine uses such as processing, billing, and collections.

It may also be aggregated for reporting, analysis and marketing use.

Other routine uses by agencies may be published in the Federal Register.

Not stated here

• The "certain charge information" collected is not listed.
• The Federal Register routine uses are not part of this document.

Sharing & Disclosure · Company practice

Amex and affiliates may tell you about insurance and other products; affiliates may be paid, which may influence them

Amex or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee (the extracted text breaks this sentence between two blocks). One of Amex's affiliates may act on behalf of a provider of these products and may be compensated for this. The insurance products are not offered or sold by Amex or on its behalf. Affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers Amex or its affiliates tell you about.

Supporting quotations

Insurance products: We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a

fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this.

The insurance products are not offered or sold by us or on our behalf.

Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer.

Compensation may influence what products and providers we or our affiliates tell you about.

Not stated here

• The sentence about products "that may have a fee" is split across two extracted blocks; it is read as extracted and not completed.

Sharing & Disclosure · Company practice

Amex may share information about you with affiliates to identify products that may interest you, and may be paid for it

Amex may share information about you with its affiliates so they can identify products that may interest you, and Amex may be compensated for this information. This is in addition to your agreement in Part 3 that Amex will use credit report and other information about you for any purposes subject to applicable law, for example marketing.

Supporting quotations

We may share information about you with our affiliates so they can identify products that may interest you.

We may be compensated for this information.

And you agree that we will use such information for any purposes (for example, marketing to you or evaluating you for a new Account), subject to applicable law.

Not stated here

• The passage does not say which information about you is shared with affiliates or whether you can decline the sharing.

Account & Service Control · Permission or license

Amex may add, modify or remove any benefit, feature or service related to your Account at its discretion

Amex has the right to add, modify or remove any benefit, feature or service included with or related to your Account at its discretion.

Supporting quotations

Changing benefits: We have the right to add, modify or remove any benefit, feature or service included with or related to your Account at our discretion.

Not stated here

• The passage does not state notice for such changes.

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.

Charges & Financial Obligations · Context

Oregon notice: service charges will not exceed those permitted by law, and you may pay more than the minimum at any time

For Oregon residents, service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.

You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Charges & Financial Obligations · User right or choice

Washington notice: you are not liable for interest caused solely by a late merchant or Amex credit (cited statute)

For residents of Washington State, the Revised Code of Washington Statutes, Section 63.14.167,, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to Amex within seven working days a credit for goods or services accepted for return or forgiven, if you have notified Amex of the merchant's delay in posting such credit, or Amex's failure to post such credit to your Account within three working days of its receipt of the credit. The final "or our failure to post such credit" clause can be read as a second ground that stands apart from the notification condition, or as part of it; the passage does not say which, and the statute itself is not supplied.

Supporting quotations

Notice for residents of Washington State: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven

if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your Account within three working days of our receipt of the credit.

Qualifications & exceptions

• Limited to interest charges that result "solely" from the delay.

Not stated here

• Whether the notification condition ("if you have notified us") applies to the "our failure to post such credit" ground is not clear from the wording.
• The text of Section 63.14.167 of the Revised Code of Washington is not supplied.

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.