Delta SkyMiles® Gold American Express Card Agreement

Charges & Financial Obligations · Restriction or exception

American Express sets and can change your Credit Limit and Cash Advance Limit, and you agree to stay within them

American Express assigns a Credit Limit to the Account and may make part of it available for cash advances as a Cash Advance Limit. There may also be a limit on ATM withdrawals in a given period. The limits are shown on page 1 of Part 1 and on each billing statement. American Express may increase or reduce either limit, even if you pay on time and your Account is not in default. You agree to manage the Account so that the balance (including fees and interest) is not more than the Credit Limit and the cash advance balance (including fees and interest) is not more than the Cash Advance Limit.

Supporting quotations

We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit). There may also be a limit on the amount you can withdraw from ATMs in a given period.

The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement.

We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default.

your Account balance (including fees and interest) is not more than your Credit Limit, and

your cash advance balance (including fees and interest) is not more than your Cash Advance Limit

Qualifications & exceptions

• Limit changes may be made even when payments are on time and the Account is not in default.
• The balance tests include fees and interest.
• An ATM withdrawal limit is mentioned as a possibility ('There may also be a limit'), without an amount.

Not stated here

• The actual Credit Limit, Cash Advance Limit and any ATM limit are shown on a cardmember's own page 1 and statements; none appears in this document.

Charges & Financial Obligations · Restriction or exception

Charges over the Credit Limit may be approved without an overlimit fee, but you must repay the excess if asked

American Express may approve charges that cause your Account balance to go over your Credit Limit. If it does, it will not charge an overlimit fee. If it asks you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so. The Minimum Payment Due calculation separately adds up to 1/24th of any overlimit amount.

Supporting quotations

We may approve charges that cause your Account balance to go over your Credit Limit. If we do this, we will not charge an overlimit fee. If we ask you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so.

up to 1/24th of any overlimit amount

Qualifications & exceptions

• Approval of over-limit charges is permissive ('may'), not a promise.
• No overlimit fee is stated, but a request for prompt payment of the excess and the Minimum Payment Due add-on can still apply.

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 that the total stays within that Person-to-Person Limit. American Express may decline a person-to-person transaction that would exceed the applicable person-to-person limit or your Credit Limit.

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 do 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 transaction limit or your Credit Limit.

Qualifications & exceptions

• The $2,000 limit is a rolling 30-day total.
• A transaction may also be declined for exceeding the Credit Limit.

Not stated here

• Part 2 defines person-to-person transaction as funds sent to another person or funds added to an Amex Send account; that definition is carded separately.

Charges & Financial Obligations · Procedure

Minimum Payment Due is the highest of three amounts plus penalty fees, plan payments and past-due amounts

To calculate the Minimum Payment Due, American Express starts with the highest of: (1) the interest charged on the billing statement plus 1% of the New Balance, excluding interest, penalty fees, overlimit amount and plan balances; (2) 2% of the New Balance, excluding penalty fees, overlimit amount and plan balances; or (3) $40. It then adds any penalty fees shown on the statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due. The Minimum Payment Due will not exceed the New Balance, and you may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Supporting quotations

To calculate the Minimum Payment Due for each billing statement, we start with the highest of:

Interest charged on the billing statement plus 1% of the New Balance (excluding any interest, penalty fees, overlimit amount, and plan balances); or

2% of the New Balance (excluding any penalty fees, overlimit amount, and plan balances); or

$40.

Then we add any penalty fees shown on the billing statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due.

Your Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Qualifications & exceptions

• The starting amount is the highest of the three, not a sum.
• Penalty fees, overlimit amount (up to 1/24th), plan payment due and past-due amounts are added on top of the starting amount.
• The result is capped at the New Balance.

Cross-references

• contrast (model-proposed): There is no overlimit fee — Part 1 lists no overlimit fee, while the Minimum Payment Due calculation adds up to 1/24th of any overlimit amount. These pull in different directions: no fee is charged, but part of the over-limit balance still raises the required payment.

Charges & Financial Obligations · Context

Worked example: a $2,900 New Balance with $29.57 interest gives a $58.27 Minimum Payment Due

The example assumes a New Balance of $2,900, interest of $29.57, and no active plans, overlimit amount, penalty fees or past-due amounts. The first amount is $29.57 plus 1% of ($2,900 minus $29.57), which equals $58.27; the second is $58 (2% of $2,900); the third is $40. The highest is $58.27. The example adds that if the account has any active plans, overlimit amount, penalty fees or past-due amounts, the Minimum Payment Due will be higher.

Supporting quotations

EXAMPLE: Assume that your New Balance is $2,900, interest is $29.57, and you have no active plans, overlimit amount, penalty fees, or amounts past due.

$29.57 plus 1% multiplied by ($2,900 minus $29.57) equals $58.27

$58 (2% of $2,900)

$40

The highest of 1., 2., or 3. is $58.27. If your account has any active plans, overlimit amount, penalty fees, or amounts past due, your Minimum Payment Due will be higher.

Qualifications & exceptions

• The example assumes no plans, overlimit amount, penalty fees or past-due amounts.

Charges & Financial Obligations · Company practice

Purchases are interest free only during an Interest Free Period; cash advances and balance transfers never get one

You are not charged interest on purchases when you are in an Interest Free Period. Your account enters one when you pay your New Balance as shown on your statement by the Payment Due Date, or if your account had no previous balance. When your account is not in an Interest Free Period, interest on purchases is charged from the date of the transaction. After you enter an Interest Free Period again, interest may appear on your next billing statement, reflecting interest from the beginning of that billing cycle through the date the payment was received. With an active Plan It plan, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date. Balance transfers and cash advances are charged interest from the date of the transaction and have no Interest Free Period. More detail is in the How we calculate interest section.

Supporting quotations

You are not charged interest on purchases when you are in an Interest Free Period.

Your account enters an Interest Free Period when you pay your New Balance as shown on your statement by the Payment Due Date or your account had no previous balance.

When your account is not in an Interest Free Period, we charge interest on purchases from the date of the transaction.

After you enter an Interest Free Period again, interest may appear on your next billing statement. This reflects interest charged from the beginning of that billing cycle through the date the payment was received.

If you have an active plan created through Plan It, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Balance Transfers and Cash Advances will be charged interest from the date of the transaction and do not have an Interest Free Period.

For more details about how we calculate your interest charges, see the How we calculate interest section of this agreement.

Qualifications & exceptions

• The interest-free rule is tied to paying the New Balance by the Payment Due Date (or having no previous balance).
• A residual interest charge may appear on the next statement after returning to an Interest Free Period.
• With an active plan, the Balance Adjusted for Plans is the amount to pay.
• Cash advances and balance transfers are excluded from any Interest Free Period.

Not stated here

• The text does not say whether the interest that may appear after re-entering an Interest Free Period is calculated differently from ordinary purchase interest beyond the stated period.

Cross-references

• qualifies (model-proposed): No interest on purchases if you pay in full by the due date; cash advances accrue interest at once — The grace period section states the Interest Free Period rules (paying the New Balance by the Payment Due Date, residual interest after returning to the period, cash advances and balance transfers excluded) that sit behind the Rates and Fees Table summary.

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.

Charges & Financial Obligations · Company commitment

The rewards supplement gives 1 mile per $1 of eligible purchases, excluding fees, interest and cash-like items

A Supplement to the Card Member Agreement describes How Your Reward Program Works for the Delta SkyMiles Gold American Express Card. You receive 1 mile for each $1 of eligible purchases on the Card Account. Eligible purchases are purchases for goods and services minus returns and other credits. Eligible purchases do not include fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents (including gift cards), or person-to-person transactions.

Supporting quotations

Supplement to the Card Member Agreement

How Your Reward Program Works

Delta SkyMiles® Gold American Express Card

You receive 1 mile for each $1 of eligible purchases on your Delta SkyMiles® Gold American Express Card (Card Account).

Eligible purchases are purchases for goods and services minus returns and other credits.

Eligible purchases do NOT include: fees or interest charges, cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, including gift cards, or person-to-person transactions

Qualifications & exceptions

• Miles are earned only on eligible purchases, net of returns and other credits.
• The excluded categories are listed in the source in capitals as 'do NOT include'.

Not stated here

• The forfeiture, transfer timing and other program conditions appear in later paragraphs and are carded separately.

Cross-references

• contrast (model-proposed): Definitions: charge, purchase, cash advance (including betting), balance transfer and person-to-person transaction — Part 2 defines a purchase to include person-to-person transactions, while the rewards supplement excludes person-to-person transactions from eligible purchases for miles. The two definitions serve different purposes and pull in different directions.
• has exception (model-proposed): Missing the Minimum Payment Due forfeits that period's miles, reinstatable within 12 periods for $35 — Miles are earned on eligible purchases, but miles for a billing period are forfeited if that period's Minimum Payment Due is not paid by the Payment Due Date.

Charges & Financial Obligations · Company commitment

Delta purchases submitted with a Delta merchant code earn 1 additional mile (2 total) per $1

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases for the following purchases submitted to American Express using a Delta merchant code: air travel on a Delta flight, air travel on a Delta partner flight with a DL flight number, Delta Stays prepaid hotels and vacation rentals, Delta Vacations packages, and other Delta services. You will not receive additional miles for purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages.

Supporting quotations

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account for the following purchases submitted to us using a Delta merchant code: air travel on a Delta flight air travel on a Delta partner flight with a DL flight number

Delta Stays prepaid hotels and vacation rentals

Delta Vacations® packages other Delta services

You will NOT receive additional miles for: purchases of air travel on a Delta flight that are part of all-inclusive air or sea tour packages

Qualifications & exceptions

• Only eligible purchases count, and they must be submitted using a Delta merchant code.
• Air travel on a Delta flight is excluded when part of all-inclusive air or sea tour packages.
• As extracted, the two air travel items run together on one line; the list items are read here as two separate items.

Not stated here

• Further conditions on additional miles (merchant codes, third-party sellers and wallets) follow in the next paragraph and are carded separately.

Cross-references

• qualified by (model-proposed): Additional miles depend on the merchant's code and may not be earned when sellers use third parties or wallets are used — The merchant code conditions limit when Delta purchases earn the additional mile.

Charges & Financial Obligations · Company commitment

Eligible purchases at restaurants worldwide earn 1 additional mile (2 total) per $1

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at restaurants worldwide.

Supporting quotations

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at restaurants worldwide.

Qualifications & exceptions

• Only eligible purchases count.
• In the extracted text this sentence follows the tour-package exclusion in the same block; the exclusion is worded for Delta air travel, and the text does not say whether it also limits restaurants.

Not stated here

• Merchant-code and third-party conditions in the next paragraph (carded separately) may also affect whether a restaurant purchase earns additional miles.

Cross-references

• qualified by (model-proposed): Additional miles depend on the merchant's code and may not be earned when sellers use third parties or wallets are used — The merchant code conditions limit when restaurant purchases earn the additional mile.

Charges & Financial Obligations · Company commitment

U.S. supermarket purchases earn 1 additional mile (2 total) per $1; superstores and warehouse clubs do not count

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at supermarkets located in the United States. Superstores and warehouse clubs are not considered supermarkets.

Supporting quotations

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at supermarkets located in the United States.

Superstores and warehouse clubs are not considered supermarkets.

Qualifications & exceptions

• Only supermarkets located in the United States qualify.
• Superstores and warehouse clubs are expressly not treated as supermarkets.
• Merchant-code conditions in the same paragraph, carded separately, also apply.

Cross-references

• qualified by (model-proposed): Additional miles depend on the merchant's code and may not be earned when sellers use third parties or wallets are used — The merchant code conditions limit when supermarket purchases earn the additional mile.

Charges & Financial Obligations · Restriction or exception

Additional miles depend on the merchant's code and may not be earned when sellers use third parties or wallets are used

Merchants are assigned codes based on what they primarily sell, and American Express groups certain merchant codes into categories eligible for additional miles. A purchase with a merchant will not receive additional miles if the merchant's code is not included in a reward category. You may not receive additional miles if American Express receives inaccurate information or is otherwise unable to identify your purchase as eligible for a reward category. As examples, you may not receive additional miles when a merchant uses a third party to sell its products or services, when a merchant uses a third party to process or submit your transaction (for example mobile or wireless card readers), or when you pay with a third-party payment account or a mobile or digital wallet. These conditions sit alongside the Delta, restaurant and supermarket categories.

Supporting quotations

Merchants are assigned codes based on what they primarily sell. We group certain merchant codes into categories that are eligible for additional miles. A purchase with a merchant will not receive additional miles if the merchant's code is not included in a reward category.

You may not receive additional miles if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category.

For example, you may not receive additional miles when: a merchant uses a third-party to sell their products or services; or a merchant uses a third-party to process or submit your transaction to us (e.g., using mobile or wireless card readers); or you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet.

submitted to us using a Delta merchant code

You receive 1 additional mile (a total of 2) for each $1 of eligible purchases on your Card Account charged at restaurants worldwide.

Qualifications & exceptions

• The listed situations are introduced as examples of when you 'may not' receive additional miles, not as a closed list or a certain outcome.
• The Delta category is described as purchases submitted using a Delta merchant code.
• Applies to the reward categories for additional miles, not stated to affect the base 1 mile per $1.

Not stated here

• Which merchant codes fall within each reward category is not listed in this document.

Cross-references

• qualifies (model-proposed): Delta purchases submitted with a Delta merchant code earn 1 additional mile (2 total) per $1 — The merchant code conditions limit when Delta purchases earn the additional mile.
• qualifies (model-proposed): Eligible purchases at restaurants worldwide earn 1 additional mile (2 total) per $1 — The merchant code conditions limit when restaurant purchases earn the additional mile.
• qualifies (model-proposed): U.S. supermarket purchases earn 1 additional mile (2 total) per $1; superstores and warehouse clubs do not count — The merchant code conditions limit when supermarket purchases earn the additional mile.

Account & Service Control · Procedure

Questions about additional miles go to the number on the Card, and the miles balance is viewable in the online account

For questions about additional miles on a purchase, call the number on the back of your Card. The supplement also points to americanexpress.com/rewards-info for more information about rewards. You can view your miles balance by logging onto your online account at americanexpress.com and viewing your account summary page.

Supporting quotations

For questions about additional miles on a purchase, call the number on the back of your Card. Please visit americanexpress.com/rewards-info for more information about rewards.

You can view your miles balance by logging onto your online account at americanexpress.com and viewing your account summary page.

Not stated here

• The americanexpress.com/rewards-info page is not supplied with this document.

Charges & Financial Obligations · Company practice

Promotional bonus miles follow their own offer terms and post 8 to 12 weeks after month end

From time to time, American Express may make promotional offers of bonus miles. Those offers include terms about how you can earn the bonus miles and when you can use them, and those terms may differ from the terms above on miles earned for charges to the Card Account, including about when you can use the miles. Bonus miles awarded for promotional offers are posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at the time of bonus fulfillment.

Supporting quotations

From time to time, we may make promotional offers of bonus miles. These offers include terms about how you can earn the bonus miles and when you can use them. These offer terms may differ from the terms above concerning miles earned for charges to your Card Account, including about when you can use the miles.

Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12 weeks after the end of each month.

To be eligible to earn bonus miles, your account must not be cancelled or delinquent at time of bonus fulfillment.

Qualifications & exceptions

• Offers are made 'from time to time' and may be made, not promised.
• Offer terms may differ from the standard earning terms.
• Eligibility requires the account to be neither cancelled nor delinquent when bonus miles are fulfilled.

Not stated here

• The terms of any particular promotional offer are not in this document; 'delinquent' is not defined here.

Charges & Financial Obligations · Company practice

Earned miles are transferred to your Delta SkyMiles account after the end of the billing period

American Express transfers the miles you receive to your Delta SkyMiles account after the end of the billing period in which you received them.

Supporting quotations

We transfer the miles you receive to your Delta SkyMiles account after the end of the billing period in which you received them.

Not stated here

• The text gives no specific number of days after the billing period ends.

Charges & Financial Obligations · Restriction or exception

Missing the Minimum Payment Due forfeits that period's miles, reinstatable within 12 periods for $35

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you forfeit the miles you earned for eligible purchases during that billing period. The supplement gives an example in which a billing period closes January 15, the minimum payment is due February 10 and is not made, and so no miles are earned for purchases in the billing period ending February 15. You may reinstate the miles within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Supporting quotations

If the Minimum Payment Due is not paid by the Payment Due Date of the billing period in which it is due, you will forfeit the miles you earned for eligible purchases during that billing period.

For example, if your billing period closes January 15 and the minimum payment for that billing period is due on February 10, and you do not make that minimum payment due by the due date on February 10, then you will not earn miles for purchases in the billing period ending February 15.

You may reinstate those miles within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Qualifications & exceptions

• Forfeiture applies to miles earned for eligible purchases during the billing period whose Minimum Payment Due was missed.
• Reinstatement requires both a Card Account that is not past due and payment of a $35 fee, within the next 12 billing periods.

Not stated here

• In the example, the billing period is said to close January 15 but the affected period is described as 'the billing period ending February 15'; the text does not explain the difference in dates, so the example is reported as written.

Cross-references

• refers to (model-proposed): Late payment fee is up to $40: $29 first, $40 if repeated within 6 billing periods — Missing the Minimum Payment Due by the Payment Due Date triggers both the late payment fee and, under the rewards supplement, forfeiture of that billing period's miles.
• exception to (model-proposed): The rewards supplement gives 1 mile per $1 of eligible purchases, excluding fees, interest and cash-like items — Miles are earned on eligible purchases, but miles for a billing period are forfeited if that period's Minimum Payment Due is not paid by the Payment Due Date.

Charges & Financial Obligations · Restriction or exception

Miles are earned only on eligible purchases for personal, family or household use

You will receive miles only for eligible purchases intended for personal, family or household use.

Supporting quotations

You will receive miles only for eligible purchases intended for personal, family or household use.

Not stated here

• The text does not say how American Express determines the intended use of a purchase.

Account & Service Control · Restriction or exception

Each Basic Card Member needs a unique active Delta SkyMiles account or American Express may cancel the Card Account

Each Basic Card Member must have a unique Delta SkyMiles loyalty account. American Express may cancel your Card Account if you do not maintain an active Delta SkyMiles loyalty account.

Supporting quotations

Each Basic Card Member must have a unique Delta SkyMiles loyalty account. American Express may cancel your Card Account if you do not maintain an active Delta SkyMiles loyalty account.

Qualifications & exceptions

• Cancellation is stated as something American Express 'may' do.

Not stated here

• The text does not say how long a SkyMiles account may be inactive before cancellation, or what notice is given.

Charges & Financial Obligations · Permission or license

American Express may change the reward program terms at its discretion and you may forfeit miles for violation or abuse

American Express may change the terms of the reward program at its discretion. If you violate or abuse the reward program, you may forfeit some or all of your miles.

Supporting quotations

We may change the terms of this reward program at our discretion.

If you violate or abuse this reward program, you may forfeit some or all of your miles.

Qualifications & exceptions

• Changes are at American Express's discretion; forfeiture for violation or abuse is stated as something that 'may' happen and may be some or all miles.

Not stated here

• The text does not define 'violate or abuse', give notice terms for changes, or say whether changes apply to miles already earned.

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.

Account & Service Control · Procedure

Card benefits and their terms can be viewed in the online account Benefits Dashboard

You can view all Card benefits and the corresponding Terms and Conditions by logging onto your account at americanexpress.com and viewing your account Benefits Dashboard.

Supporting quotations

You can view all Card benefits and corresponding Terms and Conditions by logging onto your account at americanexpress.com and viewing your account Benefits Dashboard.

Not stated here

• The benefits and their terms are not part of 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.

Account & Service Control · User right or choice

Before using the Account or paying a statement, you can cancel the Card without owing any fees

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.

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.

Qualifications & exceptions

• The right applies only if you have neither used the Account nor made a payment after receiving a billing statement.

Not stated here

• The text does not say how to cancel or the deadline, other than the condition of not yet having used the Account or paid.

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.

Charges & Financial Obligations · Context

Definitions: charge, purchase, cash advance (including betting), balance transfer and person-to-person transaction

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. 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. A balance transfer is a charge to pay an amount you owe on another credit card account. 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.

Supporting quotations

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions. 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. A balance transfer is a charge to pay an amount you owe on another credit card account. 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.

Qualifications & exceptions

• Purchases include person-to-person transactions under this definition, while the rewards supplement separately excludes person-to-person transactions from eligible purchases.
• The cash advance definition lists examples with the word 'including', so it is not stated as a closed list.

Cross-references

• defines (model-proposed): Cash advances cost 5% with a $10 minimum added to the cash advance balance; there is no foreign transaction fee — The Part 2 definition of cash advance (including cash equivalents and betting transactions) determines which charges carry the cash advance fee shown in Part 1.
• contrast (model-proposed): The rewards supplement gives 1 mile per $1 of eligible purchases, excluding fees, interest and cash-like items — Part 2 defines a purchase to include person-to-person transactions, while the rewards supplement excludes person-to-person transactions from eligible purchases for miles. The two definitions serve different purposes and pull in different directions.

Charges & Financial Obligations · Context

Definitions: a plan, paying by a date means received and credited, and the Closing Date

A plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that American Express receives it and credits it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by that statement.

Supporting quotations

A plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• Paying 'by' a date requires that the payment is received and credited by that date, not merely sent.

Account & Service Control · Restriction or exception

The Card is for personal, family or household use; plans, cash advances and balance transfers are discretionary

You may use the Card to make charges. At American Express's discretion, it may permit you to create plans, make cash advances or balance transfers. You cannot transfer balances from any other account issued by American Express or its affiliates. You agree to use the Card for personal, family or household purposes only.

Supporting quotations

You may use the Card to make charges. At our discretion, we may permit you to create plans, make cash advances or balance transfers. You cannot transfer balances from any other account issued by us or our affiliates. You agree to use the Card for personal, family, or household purposes only.

Qualifications & exceptions

• Plans, cash advances and balance transfers are permitted only at American Express's discretion.
• Balance transfers from accounts issued by American Express or its affiliates are not allowed.
• Use is limited to personal, family or household purposes.

Sharing & Disclosure · User right or choice

Merchants can store Card details, and American Express may share updates unless you contact it

You may arrange for certain merchants and third parties to store your Card number and expiration date, for example so a merchant may charge your Account at regular intervals, or you may make charges using that stored information. American Express may, but is 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 American Express to share your updated Account information, contact it using the number on the back of your Card.

Supporting quotations

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

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

• Sharing updates is optional for American Express ('may (but are not required to)').
• The opt-out is by contacting American Express using the number on the Card.

Not stated here

• The text does not list which merchants or third parties receive updates.

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 are told to 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, contact American Express 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

• Liability for unauthorized use is not addressed in this paragraph.

Account & Service Control · Permission or license

American Express may decline charges for various reasons and is not responsible for resulting losses

American Express may decline to authorize a charge for various reasons, including suspected fraud or its assessment of your creditworthiness, even if the charge would not take you over the Credit Limit and even if the Account is not in default. It 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 the charge would not cause you to go over your Credit Limit and 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.

Qualifications & exceptions

• Reasons are examples ('including'), not a closed list.
• The disclaimer covers non-authorization and merchant refusal.

Charges & Financial Obligations · Company practice

Plan It lets you pay selected purchases over time for a monthly fixed fee that replaces the purchase APR on that amount

American Express may offer Plan It, which lets you create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee that is a fixed finance charge charged each month a plan is active. You select qualifying purchases or a qualifying amount and a plan duration, and can view the monthly plan payments, including the plan fee. Each plan fee is disclosed before you create the plan and is based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. When you set up a plan, the purchases or amount are added to a plan balance and are subject to a plan fee instead of the APR for purchases.

Supporting quotations

We may offer you Plan It, which allows you to create a payment plan for qualifying purchases or a qualifying amount, 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 or a qualifying amount and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection.

Each plan fee will be disclosed before you create the applicable plan and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors.

When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

Qualifications & exceptions

• Plan It is offered at American Express's option ('may offer').
• The plan fee is disclosed before the plan is created.
• The plan fee applies instead of the purchase APR on the plan balance.

Not stated here

• The 'other factors' behind the plan fee are not listed here.
• Eligibility limits, number of plans and plan durations are in the following paragraphs and are carded separately.

Cross-references

• qualifies (model-proposed): Plan It charges a monthly fixed finance charge of up to 1.33% of each purchase or amount moved into a plan — Part 2 explains that a plan balance is subject to a plan fee instead of the APR for purchases, which qualifies Part 1's plan fee summary.
• qualified by (model-proposed): Your ability to create Plan It plans depends on your credit, limits and account status, at American Express's discretion — Plan It is available only subject to the eligibility factors, account conditions, plan limits and Credit Limit rule in the following paragraph.

Charges & Financial Obligations · Restriction or exception

Plan It qualifying purchases meet a dollar minimum and exclude cash, balance transfers and fees

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.

Supporting quotations

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

• Exclusions cover cash and cash equivalents, balance transfers if offered, purchases subject to Foreign Transaction Fees, and fees owed to American Express.

Not stated here

• The specified minimum dollar amount and the specified portion of the balance are not stated in this document.
• Part 1 lists the foreign transaction fee for this Card as None, so how the 'purchases subject to Foreign Transaction Fees' exclusion applies to this Card is not stated.

Account & Service Control · Restriction or exception

Your ability to create Plan It plans depends on your credit, limits and account status, at American Express's discretion

Your ability to create plans is based on factors such as your creditworthiness and your Credit Limit. You will not be able to create plans if your Account is cancelled, or 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. American Express will tell you the number of active plans you may have and may change that number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, are at its discretion and based on factors such as creditworthiness, the purchase amount(s) and your Account history. You agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

Supporting quotations

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

You will not be able to create plans if 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, or has a payment that is returned unpaid, or is past due.

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 or a qualifying amount 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.

You agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

Qualifications & exceptions

• The ineligibility triggers apply to one or more of your American Express accounts, not only this Account.
• The number of active plans and the durations offered can change and are at American Express's discretion.
• Plan balances, including plan fees, must stay within the Credit Limit.

Not stated here

• The text does not say how many active plans are allowed or what a 'payment program' includes.

Cross-references

• qualifies (model-proposed): Plan It lets you pay selected purchases over time for a monthly fixed fee that replaces the purchase APR on that amount — Plan It is available only subject to the eligibility factors, account conditions, plan limits and Credit Limit rule in the following paragraph.

Charges & Financial Obligations · Restriction or exception

Plans cannot be cancelled but can be paid off early by paying the New Balance in full, ending future plan fees

Plans cannot be cancelled after they have been created. You can choose to pay them early by paying the 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 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.

Qualifications & exceptions

• Early payoff is by paying the New Balance shown on the most recent billing statement in full.
• Future plan fees stop on a plan paid off early; the text does not address plan fees already charged.

Charges & Financial Obligations · Restriction or exception

You promise to pay all charges, including those by others you permit, and at least the Minimum Payment Due on time

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

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.

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

Qualifications & exceptions

• Responsibility extends to charges made by others you permit and to transactions where the Card is not presented or signed for.
• Payment must meet 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, with mail payment requirements

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

Supporting quotations

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.

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.

Qualifications & exceptions

• Each check or instrument must be a single one drawn on or clearable through the U.S. banking system.
• Mail payments follow three separate requirements.

Charges & Financial Obligations · Company practice

Compliant payments received on time are credited the day received; others are credited the next day or may be delayed

If your payment meets the requirements above, American Express credits it to your Account as of the day it receives it, as long as it is received by the time and in the manner disclosed in your billing statement. If it is received 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 (the text refers to How Rates and Fees Work in Part 1).

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 (see the How Rates and Fees Work in Part 1).

Qualifications & exceptions

• Same-day crediting requires a payment that meets the requirements and arrives by the cutoff disclosed in the statement.
• Non-compliant payments may be delayed, with possible late payment fees and additional interest.

Not stated here

• The cutoff time and manner are in each billing statement, not this document.

Cross-references

• refers to (model-proposed): Late payment fee is up to $40: $29 first, $40 if repeated within 6 billing periods — Part 2 says payments that do not meet the requirements may be credited late, resulting in late payment fees and interest, pointing back to the Part 1 late payment fee.

Charges & Financial Obligations · Restriction or exception

Foreign currency and non-U.S. bank payments are refused; processing late or partial payments waives nothing

American Express will not accept a payment made in a foreign currency or drawn on an account at a bank located outside the U.S. If it 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 · Company practice

Payments up to the minimum go to plans and the lowest rate first; the rest goes to the highest rate first

Where an Account has balances at different interest rates, Plan balances or Plan fees, American Express generally applies payments in a billing period as follows. Payments up to the Minimum Payment Due go first to any Plan amounts included in the Minimum Payment Due, then to the balance subject to the lowest interest rate, then to balances at higher rates. After the Minimum Payment Due is paid, payments go to the balance subject to the highest interest rate, then to balances at lower rates, and then to any Plan balances.

Supporting quotations

Your Account may have balances with different interest rates. For example, purchases may have a lower interest rate than cash advances. Your Account may also have Plan balances which are assessed Plan fees.

We apply your payments, up to the Minimum Payment Due, first to any Plan amounts included in your Minimum Payment Due, then to the balance subject to the lowest interest rate, and then to balances subject to higher interest rates.

After the Minimum Payment Due has been paid, we apply your payments to the balance subject to the highest interest rate, then to balances subject to lower interest rates, and then to any Plan balances.

Qualifications & exceptions

• Stated as how payments are generally applied, not a guarantee in every case.
• The order differs for the part of a payment up to the Minimum Payment Due and the part above it.
• Plan balances above the Minimum Payment Due are paid last.

Charges & Financial Obligations · Company practice

Credits generally go to the related balance; negative balances are redistributed; plan credits need a call

In most cases, American Express applies a credit to the same balance as the related charge, for example a purchase credit to the purchase balance. It may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If there is a negative balance in any balance at the end of a billing period, the 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. If you receive a credit for a purchase placed into a plan, you must call the number on the back of your Card to have the credit applied to the Plan balance.

Supporting quotations

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

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.

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

Qualifications & exceptions

• Applying a credit to the related balance is stated for 'most cases'.
• Order within a balance or among equal-rate balances is at American Express's choice.
• A credit for a purchase placed into a plan is applied to the Plan balance only after you call.

Charges & Financial Obligations · Company practice

Interest is figured on each balance by the Average Daily Balance method including new transactions, then added together

American Express calculates interest for a billing period by first figuring the interest on each balance. Different categories of transactions, such as purchases and cash advances, may have different interest rates, and balances within each category may also have different interest rates. It uses the Average Daily Balance method (including new transactions) to figure interest charges 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. Different categories of transactions--such as purchases and cash advances--may have different interest rates. Balances within each category may also 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.

Qualifications & exceptions

• Interest is computed separately per balance and then summed.
• The Average Daily Balance method includes new transactions.

Charges & Financial Obligations · Procedure

Interest on a balance equals Average Daily Balance times Daily Periodic Rate 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. The definitions of ADB and DPR follow in the next section.

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.

Qualifications & exceptions

• Rounding can cause small variations from the formula.

Not stated here

• The DPR values are not shown in this document; see the interest definitions card for the stated reference to them.

Cross-references

• defined by (model-proposed): ADB is the sum of daily balances divided by days; a DPR is 1/365th of an APR, but this agreement lists no DPR values — The ADB and DPR definitions give the meaning of the terms used in the interest formula.

Charges & Financial Obligations · Context

ADB is the sum of daily balances divided by days; a DPR is 1/365th of an APR, but this agreement lists no DPR values

To get the Average Daily Balance (ADB) for a balance, American Express adds up its daily balances and divides the result by the number of days in the billing period. A Daily Periodic Rate (DPR) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The text then says 'Your DPRs are shown in How Rates and Fees Work in Part 1.' The How Rates and Fees Work section of Part 1 in this published agreement contains the Explanation of Variable Rates, Determining the Prime Rate, Fees, Credit, Cash Advance and Person to Person Limits, the Minimum Payment Due calculation and the grace period rules, and it lists no DPR values. The Rates and Fees Table gives each APR as the Prime Rate plus a margin (the purchase APR as a range), without a DPR. The agreement therefore does not show the DPRs it refers to, and none are computed or taken from elsewhere here.

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.

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

How Rates and Fees Work

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

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.

Qualifications & exceptions

• The DPR is defined as 1/365th of an APR, rounded to one ten-thousandth of a percentage point.
• The earlier Part 1 text speaks of variable APRs 'and corresponding DPRs' that increase when the Prime Rate increases.

Not stated here

• The DPR values this agreement says are shown in Part 1 do not appear in the published agreement; they are not stated and are not computed here from the APRs.
• Whether a cardmember's own Part 1 shows DPRs is not stated in this document.

Cross-references

• defines (model-proposed): Interest on a balance equals Average Daily Balance times Daily Periodic Rate times the days in the billing period — The ADB and DPR definitions give the meaning of the terms used in the interest formula.
• refers to (model-proposed): Variable APRs follow the Wall Street Journal Prime Rate and will not exceed 29.99% — Part 2 says DPRs are shown in How Rates and Fees Work in Part 1, and the variable rate explanation there mentions corresponding DPRs, but that section of the published agreement lists no DPR values.

Charges & Financial Obligations · Context

Worked interest example: a 15.99% rate, $2,250 ADB and 30 days gives $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, which equals 0.0438%. The interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57.

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

• The 15.99% rate is an assumption for the illustration, not a rate this Card carries.

Charges & Financial Obligations · Company practice

Daily balances add new charges as of the transaction date, treat negatives as zero, and compound interest daily

American Express 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. A new charge is added to a daily balance as of its transaction date, and a negative daily balance is treated as zero. For the first day of a billing period, the beginning balance is the ending balance of 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 interest equal to the previous day's daily balance multiplied by the DPR for that balance. The text states that this method results in daily compounding of interest.

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.

We add a new charge to a daily balance as of its transaction date. If the daily balance is negative, we treat it as zero.

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.

Qualifications & exceptions

• Beginning balances include unpaid interest, so interest accrues on interest.
• Negative daily balances are treated as zero.

Not stated here

• The 'appropriate adjustments' to the daily balance are not described.

Charges & Financial Obligations · Permission or license

American Express may use other methods giving equivalent results and may choose not to charge interest on some charges

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

Qualifications & exceptions

• Alternative methods are limited to those producing equivalent results.

Not stated here

• The types of charges that may not be charged interest are not identified.

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.

Account & Service Control · Permission or license

American Express may issue additional Cards at your request, and their use may be reported to credit reporting agencies

American Express may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of the Agreement, and American Express may report their use of your Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of the Agreement; for this Card, Part 1 lists the Annual Fee for Additional Cards as None.

Supporting quotations

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

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

Qualifications & exceptions

• Additional Cards are issued at your request, and American Express 'may' issue them.
• Credit reporting of Additional Card Members' use is stated as something American Express may do.

Account & Service Control · Restriction or exception

You are responsible for all use by Additional Card Members and may cancel their ability to use the Account

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use it, and you must pay for all charges made. You also authorize American Express to give Additional Card Members information about your Account and to discuss it with them. Contact American Express 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.

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

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.

Qualifications & exceptions

• Responsibility extends to people an Additional Card Member allows to use the Account.
• Account information is shared with Additional Card Members by your authorization.

Not stated here

• The refund terms themselves are in Part 3 and are carded separately.

Cross-references

• refers to (model-proposed): The annual fee is $150, with no annual fee for additional cards — Part 2 refers to refund of an Annual Fee for Additional Cards if one applies; Part 1 lists the Annual Fee for Additional Cards as None.

Account & Service Control · Company practice

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

American Express sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails it or delivers it electronically.

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.

Qualifications & exceptions

• A notice counts as given when sent, not when received.

Account & Service Control · Permission or license

You authorize American Express and its collectors to contact you by phone, text, email and push, even by dialer

If American Express needs to contact you to service your account or to collect amounts you owe, you authorize it (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 it, or at which it believes it can reach you. It may contact you in any way permitted by law, such as calling, texting, emailing, sending mobile application push notifications or any other permitted method, 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

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 covers servicing and collection contacts and extends to affiliates, agents and contractors.
• Methods are limited to those permitted by law.
• Contact may be on a device where you are charged for it.

Not stated here

• The text does not describe a way to limit or opt out of these contacts.

Data Access & Collection · Company practice

American Express may monitor and record calls between you and it

American Express may monitor and record any calls between you and it.

Supporting quotations

We may monitor and record any calls between you and us.

Not stated here

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

Account & Service Control · Restriction or exception

You must tell American Express immediately of address, email or phone changes, separately for each Account

You must notify American Express immediately if you change your mailing address, email address or telephone number. If you have more than one Account, you need to notify it separately for each Account. American Express 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.

Qualifications & exceptions

• Notice is required separately for each Account.
• American Express may update the billing address from information it receives.

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.

Data Access & Collection · Permission or license

American Express will obtain credit reports and other information about you and may use it for any purpose

You agree that American Express 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 it will use such 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.

Qualifications & exceptions

• Use for 'any purposes' is subject to applicable law.
• Information may include employment and income verification, repeated over time.

Not stated here

• The other sources of information are not named.

Sharing & Disclosure · Company practice

American Express reports Account information and non-compliance to credit agencies; disputes go to a listed address

You agree that American Express will give information about the Account to credit reporting agencies, and it 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. If you believe information it has given to a credit reporting agency is incorrect, write to American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, and tell it the specific information you believe is incorrect.

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.

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.

Qualifications & exceptions

• Reporting covers Account information in general and failures to comply with the Agreement.
• Corrections are requested by writing and identifying the specific information.

Account & Service Control · Restriction or exception

The Account may be considered in default for violations, false information, bankruptcy or inability to pay

American Express may consider your Account to be in default if you violate a provision of the Agreement, give it false information, file for bankruptcy, default under another agreement with it or an affiliate, or if it believes you are unable or unwilling to pay your debts when due.

Supporting quotations

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

• Default is something American Express 'may consider', not automatic.
• The last trigger depends on American Express's belief about your ability or willingness to pay.

Not stated here

• Other agreements with American Express or an affiliate are not supplied here, so what counts as a default under them cannot be stated.

Account & Service Control · Permission or license

After default, incapacity or death, American Express may suspend charges, cancel features and demand the balance

If American Express considers your Account in default, or if you become incapacitated or die, it 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.

Qualifications & exceptions

• Remedies apply to the extent permitted by federal and applicable state law.
• They are available on default, incapacity or death.

Charges & Financial Obligations · Restriction or exception

You agree to pay American Express's reasonable collection costs, including attorneys' fees

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

Supporting quotations

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

Qualifications & exceptions

• Limited to reasonable costs.

Account & Service Control · Permission or license

American Express may cancel or suspend the Account or its features at any time for any reason; you still owe charges

American Express 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 any of these, you must still pay for all charges under the terms of the Agreement. If it later agrees to reinstate your Account, it may reinstate any additional Cards issued on the Account and charge you any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, 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. If we later agree to reinstate your Account, we may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Qualifications & exceptions

• No reason or notice requirement is stated for cancellation or suspension.
• Reinstatement is at American Express's agreement, and may bring annual fees and a reinstatement fee.

Not stated here

• The amount of the reinstatement fee is not stated in this provision; Part 1 lists an Account re-opening fee, carded separately.

Charges & Financial Obligations · User right or choice

You may close the Account by call or letter; the Annual Fee is refundable only within 30 days of its Closing Date

You may close your Account by calling or writing to American Express. If an Annual Fee applies, it will refund the fee if you notify it that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which the fee appears. For cancellations after that 30-day period, the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts when you close your Account, this policy does not apply to you. If your account is cancelled and American Express re-opens it at your request, it may charge you a $25 fee.

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.

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

Qualifications & exceptions

• Refund requires voluntary closure notified within 30 days after the Closing Date of the statement showing the Annual Fee.
• After 30 days the Annual Fee is non-refundable.
• The policy does not apply to a Massachusetts billing address at the time of closing.
• A $25 re-opening fee may be charged if the Account is cancelled and re-opened at your request.

Not stated here

• For a Massachusetts billing address the text says only that the policy does not apply; it does not state what applies instead.

Cross-references

• qualifies (model-proposed): The annual fee is $150, with no annual fee for additional cards — The Annual Fee in Part 1 is refundable only if the Account is voluntarily closed within 30 days after the Closing Date of the statement showing it, with a Massachusetts exception, as Part 3 states.
• refers to (model-proposed): Returned check fee is $38 and account re-opening fee is $25; fees go to the purchase balance — Part 3 says a $25 fee may be charged to re-open a cancelled account at your request, matching the Account re-opening fee in Part 1.

Charges & Financial Obligations · Permission or license

Paying by check authorizes a one-time electronic debit that may occur the same day, and the check is not returned

When you pay by check, you authorize American Express 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 it does this, your payment may be withdrawn as soon as the same day it receives your check, and you will not receive that check back from your bank or financial institution. In certain circumstances it 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.

Qualifications & exceptions

• Withdrawal may occur as early as the same day the check is received.
• The check is not returned, and in certain circumstances the payment may instead be processed as a check.

Not stated here

• The circumstances in which a payment is processed as a check transaction are not described.

Charges & Financial Obligations · Company practice

Foreign currency charges are converted to U.S. dollars by AEEML at no more than the highest official or interbank rate

If you make a charge in a foreign currency, AE Exposure Management Ltd. (AEEML) converts it into U.S. dollars on the date American Express or its agents process it, and you are billed in U.S. dollars on that conversion. Unless a particular rate is required by law, AEEML chooses a conversion rate that is acceptable to American Express 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 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.

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

• The rate is stated as no more than a ceiling (the highest official or interbank rate), not as a specific rate.
• The conversion date is the processing date, which may differ from the charge date.
• Conversions made by establishments such as airlines are billed at their rates.

Not stated here

• Whether the chosen rate includes any markup within that ceiling is not stated; Part 1 separately lists the foreign transaction fee as None.

Cross-references

• refers to (model-proposed): Cash advances cost 5% with a $10 minimum added to the cash advance balance; there is no foreign transaction fee — Part 1 lists the foreign transaction fee as None; Part 3 separately describes how foreign currency charges are converted into U.S. dollars.

Data Access & Collection · Company practice

Charge information from federal agencies is used for processing, billing, collections and aggregated marketing

Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, American Express collects certain charge information. That information may be put to routine uses such as processing, billing and collections, and 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.

Qualifications & exceptions

• Applies to charges made at federal agencies that accept the Card.
• Aggregated use includes marketing, as the text states.

Not stated here

• The text does not say which agencies accept the Card or what other routine uses agencies publish.

Sharing & Disclosure · Context

Affiliates may tell you about products with fees and be compensated, which may influence recommendations

American Express or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One affiliate may act on behalf of a provider of these products and may be compensated for it. The insurance products are not offered or sold by American Express 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 American Express or its affiliates tell you about.

Supporting quotations

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.

Qualifications & exceptions

• Compensation is stated to be possible and to potentially influence recommendations.

Sharing & Disclosure · Permission or license

American Express may share information about you with affiliates to identify products and may be compensated

American Express may share information about you with its affiliates so they can identify products that may interest you, and it may be compensated for this information.

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.

Qualifications & exceptions

• Sharing is stated as something American Express may do, for identifying products that may interest you.

Not stated here

• The kinds of information shared, the affiliates, and any way to limit this sharing are not described in this provision.

Account & Service Control · Permission or license

American Express may add, modify or remove any Account benefit, feature or service at its discretion

American Express 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

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

• No notice or timing requirement for such changes is stated in this provision.

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.

Charges & Financial Obligations · User right or choice

Oregon residents: service charges limited to those permitted by law; you may pay more than the minimum

The Notice to Oregon Residents states that service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month, and that 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.

Qualifications & exceptions

• The notice is addressed to Oregon residents; the text does not define residency.

Charges & Financial Obligations · User right or choice

Washington residents are not responsible for interest solely from a late merchant credit or late posting

The notice for residents of Washington State says that, 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 American Express within seven working days a credit for goods or services accepted for return or forgiven, if you have notified American Express of the merchant's delay in posting such credit, or from American Express's failure to post such credit to your Account within three working days of receiving it.

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

• Relief covers only interest charges resulting solely from the delayed credit.
• The merchant-delay branch is conditioned on your having notified American Express of the delay.
• Time limits are seven working days for the merchant to transmit the credit and three working days for American Express to post it.

Not stated here

• The sentence ends with 'or our failure to post such credit ... within three working days'; the text does not make clear whether your notice is also a condition for that branch.
• The cited statute, Section 63.14.167, is not supplied here, so its text cannot be described.

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.

Charges & Financial Obligations · Company commitment

Your arbitration fees are capped at what a court filing would cost, and American Express pays the rest

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 if you had brought a claim in court. American Express is responsible for any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for 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

• Your share is capped at the court filing fees you would have incurred.
• An advance or expert-fee payment is only something American Express will consider in good faith on written request.

Charges & Financial Obligations · User right or choice

An award above American Express's final offer includes at least $5,000 plus fees and costs

If the arbitrator rules in your favor for an amount greater than any final offer American Express made before the final hearing 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.

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.

Qualifications & exceptions

• The condition is an award greater than any final offer made before the final hearing.
• The money component is stated to be not less than $5,000.

Not stated here

• The text does not say what applies if American Express made no final offer.

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.

Charges & Financial Obligations · Company practice

Purchase APR is Prime Rate plus 12.74% to 21.74%; cash advance APR is Prime Rate plus 21.99%; both variable

The Rates and Fees Table gives the APR for purchases as a range, from Prime Rate + 12.74% to Prime Rate + 21.74%, and the APR for cash advances as Prime Rate + 21.99%. Both are described as variable APRs, which move with the Prime Rate as explained under Explanation of Variable Rates. The table states the rates as a margin over the Prime Rate rather than as fixed percentages.

Supporting quotations

Prime Rate + 12.74% to Prime Rate + 21.74%

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

Prime Rate + 21.99%

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

Qualifications & exceptions

• Both APRs are variable, tied to the Prime Rate.
• The purchase APR is a range, not a single rate.

Not stated here

• The table does not say what determines where within the purchase APR range an Account falls.
• The table gives no current Prime Rate value and no resulting percentage APR.

Charges & Financial Obligations · Company practice

Variable APRs follow the Wall Street Journal Prime Rate 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 takes effect on the variable APRs as of the first day of the billing period during which the Prime Rate changed. Variable APRs will not exceed 29.99%. The 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 Journal does not publish it that day, the rate from the previous day it was published is used, and if the Journal stops publishing the Prime Rate, American Express may use the Prime Rate published in another newspaper of general circulation.

Supporting quotations

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase.

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%.

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

• Rate changes apply from the first day of the billing period in which the Prime Rate changed.
• The 29.99% ceiling is stated for variable APRs; the table also labels the Penalty APR a variable APR.
• The replacement newspaper is described as something American Express 'may' use.

Not stated here

• This section mentions corresponding DPRs but lists no DPR values; no DPR values appear in Part 1.
• The text does not separately say how the 29.99% ceiling interacts with the Penalty APR margin.

Cross-references

• referred to by (model-proposed): ADB is the sum of daily balances divided by days; a DPR is 1/365th of an APR, but this agreement lists no DPR values — Part 2 says DPRs are shown in How Rates and Fees Work in Part 1, and the variable rate explanation there mentions corresponding DPRs, but that section of the published agreement lists no DPR values.

Charges & Financial Obligations · Restriction or exception

A Penalty APR of Prime Rate plus 26.74% can apply to new transactions for at least 6 months

American Express has the right to apply the Penalty APR, which is Prime Rate + 26.74% (a variable APR), to new Transactions if you do not pay at least the Minimum Payment Due by the Payment Due Date, or if your payment is returned by your bank. If the Penalty APR is applied, it applies for at least 6 months. The Account is reviewed every 6 months after it 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

Prime Rate + 26.74%

We have the right to apply the Penalty APR to new Transactions if:

you do not pay at least the Minimum Payment Due by the Payment Due Date

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

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

• Stated as a right ('We have the right to apply'), not an automatic result.
• It applies to new Transactions, not stated to apply to existing balances.
• Minimum duration is 6 months, with review every 6 months and ending only after 6 reviewed months of timely, unreturned payments.

Not stated here

• After the words 'your payment is returned by your bank', the text says 'we will notify you if we do'; it does not say whether 'we do' refers to applying the Penalty APR or to the returned payment, or how or when notice is given.

Charges & Financial Obligations · Company commitment

No interest on purchases if you pay in full by the due date; cash advances accrue interest at once

The Due Date is at least 25 days after the close of each billing period. American Express will not charge interest on purchases if you pay your entire balance each month by the due date; if a plan is outstanding, the balance adjusted for plans is the amount to pay. Interest on cash advances begins on the transaction date. The Interest Free Period rules in the grace period section add that a customer with an active Plan It plan can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

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

We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date.

We will begin charging interest on cash advances on the transaction date.

If you have an active plan created through Plan It, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Qualifications & exceptions

• The no-interest commitment covers purchases only and depends on paying the entire balance each month by the due date.
• With a plan outstanding, the balance adjusted for plans replaces the entire balance as the amount to pay.
• Cash advances have no such grace period; interest begins on the transaction date.

Cross-references

• qualified by (model-proposed): Purchases are interest free only during an Interest Free Period; cash advances and balance transfers never get one — The grace period section states the Interest Free Period rules (paying the New Balance by the Payment Due Date, residual interest after returning to the period, cash advances and balance transfers excluded) that sit behind the Rates and Fees Table summary.

Charges & Financial Obligations · Company practice

Plan It charges a monthly fixed finance charge of up to 1.33% of each purchase or amount moved into a plan

The Plan Fee (Fixed Finance Charge) is a monthly fee of up to 1.33% of each purchase or amount moved into a plan. It is based on the plan duration, the APR that would otherwise apply to the purchase, and other factors. It is a fixed finance charge charged each month a plan is active, and its dollar amount is disclosed before you set up a plan.

Supporting quotations

A monthly fee of up to 1.33% of each purchase or amount moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase, and other factors.

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.

For more information, see About Plan It Feature in Part 2 of your Card Member Agreement.

Qualifications & exceptions

• Stated as 'up to' 1.33% monthly; the actual percentage depends on duration, the otherwise-applicable APR and other factors.
• Charged each month that a plan is active.

Not stated here

• The 'other factors' behind the plan fee are not listed in this section.
• Plan It eligibility and plan terms are set out in Part 2 (About Plan It), carded separately.

Cross-references

• qualified by (model-proposed): Plan It lets you pay selected purchases over time for a monthly fixed fee that replaces the purchase APR on that amount — Part 2 explains that a plan balance is subject to a plan fee instead of the APR for purchases, which qualifies Part 1's plan fee summary.

Charges & Financial Obligations · Company practice

The annual fee is $150, with no annual fee for additional cards

The Rates and Fees Table lists an Annual Fee of $150. The fee explanation points back to that table on page 1 of Part 1. The Annual Fee for Additional Cards is stated as None.

Supporting quotations

$150

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

Annual Fee for Additional Cards: None.

Qualifications & exceptions

• The $150 fee is for the Account as listed on the Rates and Fees Table.
• Additional cards are stated to have no annual fee.

Not stated here

• Refund treatment of the Annual Fee is not in this section; it is addressed in the Closing or suspending your Account provision of Part 3.

Cross-references

• referred to by (model-proposed): You are responsible for all use by Additional Card Members and may cancel their ability to use the Account — Part 2 refers to refund of an Annual Fee for Additional Cards if one applies; Part 1 lists the Annual Fee for Additional Cards as None.
• qualified by (model-proposed): You may close the Account by call or letter; the Annual Fee is refundable only within 30 days of its Closing Date — The Annual Fee in Part 1 is refundable only if the Account is voluntarily closed within 30 days after the Closing Date of the statement showing it, with a Massachusetts exception, as Part 3 states.

Charges & Financial Obligations · Company practice

Cash advances cost 5% with a $10 minimum added to the cash advance balance; there is no foreign transaction fee

The Rates and Fees Table shows the cash advance transaction fee as either $10 or 5% of the amount of each cash advance, whichever is greater, and the foreign transaction fee as None. The fee explanation states the cash advance fee as 5% of the cash advance transaction, including fees charged by the ATM operator if any, with a minimum of $10, and says the fee is added to the Cash Advance balance. Foreign Transaction is stated as None.

Supporting quotations

Either $10 or 5% of the amount of each cash advance, whichever is greater. None

5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10. We will add this fee to the Cash Advance balance.

Foreign Transaction: None.

Qualifications & exceptions

• The 5% is applied to the transaction amount including any ATM operator fees.
• The fee is added to the Cash Advance balance.
• The table lists two transaction fees in one row, with values in the same order: cash advance, then foreign transaction (None).

Not stated here

• What counts as a cash advance is defined in Part 2 and carded separately.
• Currency conversion for foreign charges is addressed in Part 3, not in this section.

Cross-references

• defined by (model-proposed): Definitions: charge, purchase, cash advance (including betting), balance transfer and person-to-person transaction — The Part 2 definition of cash advance (including cash equivalents and betting transactions) determines which charges carry the cash advance fee shown in Part 1.
• referred to by (model-proposed): Foreign currency charges are converted to U.S. dollars by AEEML at no more than the highest official or interbank rate — Part 1 lists the foreign transaction fee as None; Part 3 separately describes how foreign currency charges are converted into U.S. dollars.

Charges & Financial Obligations · Company practice

Late payment fee is up to $40: $29 first, $40 if repeated within 6 billing periods

A late payment fee of up to $40 applies if American Express does not receive the Minimum Payment Due by its Payment Due Date. The fee is $29 the first time; if it happens again within the next 6 billing periods, it is $40. The late fee on a statement will not exceed the Minimum Payment Due on the prior billing statement. Separately, the rewards supplement says that if the Minimum Payment Due is not paid by the Payment Due Date, you forfeit the miles earned for eligible purchases during that billing period, and may reinstate them within the next 12 billing periods if the Card Account is not past due and you pay a $35 fee.

Supporting quotations

Up to $40. Up to $40. None

Up to $40. If we do not receive the Minimum Payment Due by its 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 Minimum Payment Due on your prior billing statement.

you will forfeit the miles you earned for eligible purchases during that billing period

You may reinstate those miles within the next 12 billing periods if your Card Account is not past due and you pay a $35 fee.

Qualifications & exceptions

• $29 for the first late payment, $40 for a repeat within the next 6 billing periods.
• Capped at the Minimum Payment Due on the prior billing statement.
• Mile forfeiture is a separate consequence under the rewards supplement, with its own $35 reinstatement fee and 12-billing-period window.

Cross-references

• referred to by (model-proposed): Missing the Minimum Payment Due forfeits that period's miles, reinstatable within 12 periods for $35 — Missing the Minimum Payment Due by the Payment Due Date triggers both the late payment fee and, under the rewards supplement, forfeiture of that billing period's miles.
• referred to by (model-proposed): Compliant payments received on time are credited the day received; others are credited the next day or may be delayed — Part 2 says payments that do not meet the requirements may be credited late, resulting in late payment fees and interest, pointing back to the Part 1 late payment fee.

Charges & Financial Obligations · Company practice

Returned payment fee is up to $40: $29 first, $40 if repeated within 6 billing periods

If a payment you make is returned unpaid the first time American Express presents it to your bank, the returned payment fee is $29. If this happens again within the same billing period or the next 6 billing periods, the fee is $40. The fee on a statement will not exceed the applicable Minimum Payment Due on the prior billing statement. The Rates and Fees Table lists the returned payment fee as up to $40.

Supporting quotations

Up to $40. Up to $40. None

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 applicable Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

• The $40 level applies to a repeat in the same billing period or the next 6 billing periods.
• Capped at the applicable Minimum Payment Due on the prior billing statement.

Charges & Financial Obligations · Company practice

There is no overlimit fee

The Rates and Fees Table lists the overlimit penalty fee as None, and the fee explanation repeats Overlimit: None and points to the Credit Limit and Cash Advance Limit section in Part 1 for how limits work.

Supporting quotations

Up to $40. Up to $40. None

Overlimit: None. See Credit Limit and Cash Advance Limit in Part 1.

Qualifications & exceptions

• The statement is about the overlimit fee only; it does not say that balances over the Credit Limit have no other effect.

Not stated here

• How balances over the Credit Limit are treated is in the Credit, Cash Advance and Person to Person Limits section and the Minimum Payment Due calculation, carded separately.

Cross-references

• contrast (model-proposed): Minimum Payment Due is the highest of three amounts plus penalty fees, plan payments and past-due amounts — Part 1 lists no overlimit fee, while the Minimum Payment Due calculation adds up to 1/24th of any overlimit amount. These pull in different directions: no fee is charged, but part of the over-limit balance still raises the required payment.

Charges & Financial Obligations · Company practice

Returned check fee is $38 and account re-opening fee is $25; fees go to the purchase balance

A $38 returned check fee applies if you use your card to cash a check at one of the approved locations and the check is returned unpaid, and American Express will also charge you the unpaid amount. A $25 account re-opening fee applies if your Account is cancelled, you ask to re-open it, and American Express does so. Unless American Express tells you otherwise, fees are added to the purchase balance.

Supporting quotations

$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.

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

We add fees to a purchase balance, unless we tell you otherwise.

Qualifications & exceptions

• The returned check fee is only for checks cashed with the card at approved locations.
• The re-opening fee applies only if American Express agrees to re-open the Account.
• The cash advance fee is the stated example of a fee not added to the purchase balance, since it is added to the Cash Advance balance.

Not stated here

• The approved check-cashing locations are not named in this document.

Cross-references

• referred to by (model-proposed): You may close the Account by call or letter; the Annual Fee is refundable only within 30 days of its Closing Date — Part 3 says a $25 fee may be charged to re-open a cancelled account at your request, matching the Account re-opening fee in Part 1.

Charges & Financial Obligations · Context

Interest is calculated by the average daily balance method including new purchases, explained in Part 2

The Rates and Fees Table states that interest is calculated using the average daily balance method (including new purchases) and sends the reader to the How we calculate interest section in Part 2 for the detail.

Supporting quotations

We use a method called average daily balance method (including new purchases). See the How we calculate interest section in Part 2.

Not stated here

• The calculation steps are in Part 2 and carded separately.

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.