Delta SkyMiles® Gold American Express Card Agreement

Legal Rights & Agreement Rules · User right or choice

Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement; 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 the 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

• Which supplements or amendments apply to a particular Account is not stated here; this document includes the rewards supplement for the Delta SkyMiles Gold Card.

Cross-references

• referred to by (model-proposed): Part 2 with Parts 1 and 3 and any supplements forms the Agreement, and using the Account or keeping the Card accepts it — Part 1 and Part 2 each state that Parts 1, 2 and 3 and any supplements or amendments make up the Agreement.

Legal Rights & Agreement Rules · Restriction or exception

American Express is not responsible for miles once credited to SkyMiles, and miles follow Delta's program rules

American Express is not responsible for miles after they are credited to your SkyMiles account, and is not responsible for the actions of Delta on your SkyMiles account. Miles are subject to the Delta SkyMiles Membership Guide and Program Rules, which the supplement says to consult for how to redeem miles, Delta's right to change its program terms, and other conditions that may apply to Delta's program.

Supporting quotations

We are not responsible for miles after they are credited to your SkyMiles account. We are also not responsible for the actions of Delta on your SkyMiles account.

Miles are subject to the Delta SkyMiles Membership Guide and Program Rules. You should refer to that document for details on: how to redeem your miles,

Delta's right to change its program terms, and other conditions that may apply to

Qualifications & exceptions

• The disclaimer covers miles after they are credited and Delta's actions on the SkyMiles account.
• Redemption and Delta's right to change program terms are governed by Delta's document.

Not stated here

• The Delta SkyMiles Membership Guide and Program Rules are not supplied with this agreement, so redemption terms and Delta's change rights are unknown from this document.

Legal Rights & Agreement Rules · Context

Part 2 with Parts 1 and 3 and any supplements forms the Agreement, and using the Account or keeping the Card accepts it

This is Part 2 of 3 of the Card Member Agreement. This document together with Part 1 and Part 3 makes up the Card Member Agreement for the Account identified on page 1 of Part 1, and any supplements or amendments are also part of it. When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.

Supporting quotations

Card Member Agreement: Part 2 of 3

This document together with Part 1 and Part 3 make up the Card Member Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement.

When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.

Qualifications & exceptions

• Agreement is shown as accepted by use of the Account, or by signing or keeping the Card.

Cross-references

• refers to (model-proposed): Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement; you can request a copy — Part 1 and Part 2 each state that Parts 1, 2 and 3 and any supplements or amendments make up the Agreement.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement, and oral agreements cannot modify the written Agreement

American Express may change the Agreement, subject to applicable law. The written Agreement is described as a final expression of the agreement governing the Account and may not be modified or amended by any alleged oral agreement.

Supporting quotations

We may change this Agreement, subject to applicable law.

This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be modified or amended by any alleged oral agreement.

Qualifications & exceptions

• The right to change is stated subject to applicable law.

Not stated here

• This provision does not describe notice periods or how a change is communicated; Part 3 describes how notices are sent generally.

Legal Rights & Agreement Rules · Context

Definitions: we is the issuer, you is the applicant (Basic or Primary Card Member), a Card accesses the Account

We, us and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for the Account and for whom American Express opened the Account, referred to as the Basic or Primary Card Member. You may request a Card for an Additional Card Member. Card means any American Express Card or other device that American Express 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 a Card for an Additional Card Member. Card means any American Express Card or other device that we issue to access your Account.

Qualifications & exceptions

• 'You' is the applicant, not Additional Card Members.

Legal Rights & Agreement Rules · User right or choice

Armed Forces members and dependents have federal credit protections, including a 36 percent APR limit

The agreement states that federal law provides protections to members of the Armed Forces and their dependents for 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, credit insurance premium costs, 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). The text gives a number to call to hear the statement and a description of your payment obligation for this Account.

Supporting quotations

Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent.

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

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 36 percent limit is described as applying 'in general'.
• Certain application and participation fees are excluded from the included costs, as the text describes.

Not stated here

• The text does not define which persons are covered borrowers beyond 'members of the Armed Forces and their dependents'.

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are not subject to the Arbitration provision but may still elect it

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. However, if you elect arbitration, American Express will comply with its obligations under the Claims Resolution section.

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.

Qualifications & exceptions

• The exception is limited to covered borrowers and to this Account.
• A covered borrower who elects arbitration still has American Express's obligations under Claims Resolution honored.

Not stated here

• The Claims Resolution section is carded separately; how the Arbitration provision's other terms apply to a covered borrower who elects arbitration is not spelled out.

Cross-references

• exception to (model-proposed): Either party may elect individual arbitration, ending court, jury and class rights; your small claims are excepted — Covered borrowers under the Military Lending Act are excepted from the Arbitration provision's election and effects, though they may still elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If American Express credits a disputed charge, you assign it your claims against the merchant for that amount

If you dispute a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to it all rights and claims (excluding tort claims) against the merchant, agree not to pursue any claim against the merchant for the credited amount, and must cooperate with it if it decides to pursue the claim.

Supporting quotations

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so.

Qualifications & exceptions

• The assignment applies only if American Express credits the Account and only for the credited amount.
• Tort claims are excluded from the assignment.

Legal Rights & Agreement Rules · Permission or license

American Express may sell or assign the Account without notice; you may not; delay waives nothing

American Express may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the Agreement. American Express may choose to delay enforcing or not exercise rights under the Agreement, and if it does, it does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

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

We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.

Qualifications & exceptions

• The right to assign applies to American Express only and can be exercised without notice.
• Non-waiver is stated for American Express's own rights.

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement, with an election for Maryland billing addresses

Utah law and federal law govern the Agreement and your Account without regard to internal principles of conflicts of law. American Express states that it entered into the Agreement with you in Utah, where it is located and holds your Account. For Maryland residents, if the Account has a Maryland billing address, American Express elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to the Account.

Supporting quotations

Utah law and federal law govern this Agreement and your Account without regard to internal principles of conflicts of law. We entered into this Agreement with you in Utah, where we are located and hold your Account.

Maryland residents: If your Account has a Maryland billing address, we elect to offer your Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.

Qualifications & exceptions

• The Maryland election applies only to Accounts with a Maryland billing address, and only to the extent, if any, that Maryland law applies.

Not stated here

• The cited Maryland statute is not supplied here, so what it provides for a Maryland Account cannot be stated.

Legal Rights & Agreement Rules · Context

Customer Service resolves most concerns; the Claims Resolution section covers mediation, arbitration and litigation

Most customer concerns can be resolved by calling the Customer Service Department at the number on the back of your Card. If Customer Service cannot resolve a complaint to your satisfaction, the Claims Resolution section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision, which you may reject by sending written notice within 45 days after your first Card purchase.

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

Qualifications & exceptions

• The right to reject arbitration is time-limited to 45 days after the first Card purchase.

Not stated here

• The rejection method and effect are in the Your Right to Reject Arbitration paragraph, carded separately.

Legal Rights & Agreement Rules · Context

'You' and 'us' include affiliates here, and 'Claim' covers nearly every dispute about the Account or relationship

For the Claims Resolution section, 'you' and 'us' include any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes, but is not limited to, initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to accounts created under any of the agreements and their balances, advertisements, promotions or statements about accounts, goods or services financed or terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

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

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

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

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

You may not sell, assign or transfer a claim.

Qualifications & exceptions

• The validity, enforceability or scope of the Arbitration provision is excluded from the definition of Claim.
• The inclusion list is introduced as 'includes but is not limited to'.
• Claims relating to rewards programs and other Card Membership benefits are expressly included.

Not stated here

• Which court or arbitrator decides the validity, enforceability or scope of the Arbitration provision is not stated in this section.

Legal Rights & Agreement Rules · Procedure

A written claim notice must be sent before any lawsuit, mediation or arbitration

Before beginning a lawsuit, mediation or arbitration, you and American Express 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 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 American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds 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

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.

Qualifications & exceptions

• The claim notice must describe the claim and state the specific relief demanded.
• Notice to you can be given through the billing statement.
• The relief amount is withheld from the arbitrator until after the ruling.

Not stated here

• How long the parties must wait after the claim notice before filing is not stated in this paragraph.

Legal Rights & Agreement Rules · Procedure

Either party may submit a claim to JAMS or AAA mediation within 30 days of the claim notice; American Express pays

In mediation, a neutral mediator helps parties reach agreement but does not decide the claim. Before mediation, a claim notice must first be sent. Within 30 days after sending or receiving a claim notice, you or American Express may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation, and American Express pays the mediator's fees. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation are tolled from the date the claim notice is sent until termination of the mediation. Either party may terminate the mediation at any time, and submitting or not submitting a claim to mediation does not affect either party's right to elect arbitration.

Supporting quotations

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

We will pay the fees of the mediator.

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.

Qualifications & exceptions

• Mediation is submitted within 30 days after sending or receiving a claim notice.
• American Express states it will pay the fees of the mediator.
• Limitation periods are paused from the claim notice until mediation ends.

Legal Rights & Agreement Rules · Restriction or exception

Either party may elect individual arbitration, ending court, jury and class rights; your small claims are excepted

You or American Express may elect to resolve any claim by individual arbitration, and claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor American Express has the right to litigate that claim in court or have a jury trial on it, and neither may participate in a representative capacity or as a class member for any claim subject to arbitration. Arbitration procedures are generally simpler than court rules and discovery is more limited. The arbitrator's authority is limited to claims between you and American Express alone, and claims may not be joined or consolidated unless both agree in writing. An award applies only to the specific case. Decisions are as enforceable as a court order and subject to very limited court review, and except as set forth below the decision is final and binding. Other rights you or American Express would have in court may not be available. American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise either party may elect arbitration at any time unless the claim has been filed in court and trial has begun or final judgment has been entered. If any portion of the Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply.

Supporting quotations

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

If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. 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.

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.

Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Qualifications & exceptions

• Either party can elect arbitration; once elected, court and jury rights and class or representative participation are given up for that claim.
• Small claims exception: American Express will not elect arbitration for an individual claim you file and keep pending only in small claims court.
• Election is available at any time unless a court trial has begun or final judgment entered.
• The Limitations on Arbitration contain an invalidity clause that ends the whole Arbitration provision if any portion is found invalid or unenforceable.

Not stated here

• The arbitration procedures, appeal rights and costs are in the following paragraphs and are carded separately.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not subject to the Arbitration provision but may still elect it — Covered borrowers under the Military Lending Act are excepted from the Arbitration provision's election and effects, though they may still elect arbitration.
• has exception (model-proposed): You may reject the Arbitration provision by mailing a signed notice within 45 days after your first Card purchase — A timely, compliant rejection notice takes the customer out of the Arbitration provision described in the election card.

Legal Rights & Agreement Rules · Procedure

Arbitration begins after a claim notice and is referred to JAMS or AAA as selected by the party electing it

Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and 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 American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. You contact JAMS or AAA to begin an arbitration or for other information. Claims may also be referred to another arbitration organization if you and American Express agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Supporting quotations

Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.

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

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

Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Qualifications & exceptions

• The organization is chosen by the party electing arbitration, from JAMS or AAA.
• The organization's rules apply except where they conflict with the Agreement.

Not stated here

• The sentence 'you may select the other within 30 days' does not say what 'the other' refers to; it is most naturally read as the other of JAMS and AAA, but the text does not spell this out.
• Section 5 of the Federal Arbitration Act, as cited, is not supplied here, so what it provides cannot be stated.

Legal Rights & Agreement Rules · Restriction or exception

American Express will not elect arbitration for your small claims case; election is otherwise open until trial begins

American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or American Express may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either party 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

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

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

Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Qualifications & exceptions

• The small claims commitment covers only claims that are individual and pending only in small claims court.
• The right to elect arbitration ends once a court trial has begun or final judgment has been entered.
• Delay or non-exercise does not waive the right to arbitrate or enforce.

Legal Rights & Agreement Rules · Restriction or exception

Arbitrations are individual only, and invalidity of the Limitations ends the whole Arbitration provision

If either party elects arbitration, the claim is arbitrated on an individual basis. There is no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. If any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than that sentence) does not apply, without waiving the right to appeal that decision.

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.

Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Qualifications & exceptions

• Class and representative arbitration are excluded.
• If any portion of the Limitations is found invalid or unenforceable, the whole Arbitration provision falls away, apart from that sentence.

Not stated here

• The text does not say what happens to a claim once the Arbitration provision does not apply, beyond the Claims Resolution section's other terms.

Legal Rights & Agreement Rules · Restriction or exception

The FAA governs arbitration; the arbitrator applies substantive law but not court procedure rules; it is confidential

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The text states that the arbitration will be confidential and that American Express will not disclose the content of the arbitration proceeding or its outcome to anyone, but either party may notify any government authority of the claim as permitted or required by law.

Supporting quotations

This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.

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

Qualifications & exceptions

• Relief is subject to the Limitations on Arbitration.
• Either party may notify a government authority as permitted or required by law.

Not stated here

• The confidentiality sentence says that 'you and we agree that we will not disclose' the proceeding or outcome; the text does not say in so many words whether you are also barred from disclosing it.

Legal Rights & Agreement Rules · User right or choice

Claims of $10,000 or less can be decided on documents, by phone or in person; hearings are in your federal district

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 either 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.

Supporting quotations

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing.

At any party's request, the arbitrator will provide a brief written explanation of the award.

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

Qualifications & exceptions

• The choice of format applies when your claim is for $10,000 or less.
• The hearing location is at your election.

Not stated here

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

Legal Rights & Agreement Rules · Procedure

An award is final and binding, subject to a 35-day appeal to a three-arbitrator panel or an FAA challenge

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 initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The arbitration organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise proceeds under the organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Supporting quotations

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

To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Qualifications & exceptions

• Appeal notice is due in writing within 35 days after the award is issued.
• The panel decides anew any aspect objected to, on written submissions.

Not stated here

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

Legal Rights & Agreement Rules · User right or choice

You may reject the Arbitration provision by mailing a signed notice within 45 days after your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998. A sample is at americanexpress.com/reject. The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision and must include your name, address, Account number and personal signature; no one else may sign it. If the notice complies, 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 the notice. Rejection does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or any other benefit, product or service with your Account.

Supporting quotations

You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998. Go to americanexpress.com/reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first Card purchase.

Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

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

Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Qualifications & exceptions

• The notice must be mailed within 45 days after your first Card purchase.
• It must contain your name, address, Account number and personal signature, signed by you alone.
• Rejection also removes arbitration provisions in your other currently open American Express accounts, except Corporate Card accounts and claims already in pending litigation or arbitration.

Not stated here

• The text does not say how the 45 days are counted if the rejection notice is mailed near the deadline.

Cross-references

• exception to (model-proposed): Either party may elect individual arbitration, ending court, jury and class rights; your small claims are excepted — A timely, compliant rejection notice takes the customer out of the Arbitration provision described in the election card.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives closing the Account, payment, collection suits, bankruptcy and sale of the Account

The Claims Resolution section survives termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account; in a sale, its terms apply to the buyer of your Account. If any portion of the Claims Resolution section is deemed invalid or unenforceable, it does not invalidate the remaining portions, except as otherwise provided in the Limitations on Arbitration subsection.

Supporting quotations

This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account). If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.

Qualifications & exceptions

• The severability rule has an exception for the Limitations on Arbitration, which can end the whole Arbitration provision.

Legal Rights & Agreement Rules · Context

Part 1 of the Delta SkyMiles Gold Card Member Agreement, issued by American Express National Bank, as of 06/30/2026

This is Part 1 of 3 of the Card Member Agreement for the Delta SkyMiles Gold American Express Card. It states that it is as of 06/30/2026 and that the issuer is American Express National Bank. Part 1 opens with the Rates and Fees Table and then explains how those rates and fees work.

Supporting quotations

Card Member Agreement: Part 1 of 3

As of: 06/30/2026 Issuer: American Express National Bank

Delta SkyMiles® Gold American Express Card

Qualifications & exceptions

• The date is given as an 'As of' date; the page does not call it an effective date.

Legal Rights & Agreement Rules · Context

The table points to Consumer Financial Protection Bureau credit card tips

Part 1 includes a row directing consumers to the website of the Consumer Financial Protection Bureau to learn more about factors to consider when applying for or using a credit card.

Supporting quotations

To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.