Hilton Honors American Express Aspire Card Agreement

Legal Rights & Agreement Rules · Context

Which agreement this is, who issues it and its stated date

This is Part 1 of the Card Member Agreement for the Hilton Honors American Express Aspire Card. It states that the issuer is American Express National Bank and that the document is "As of: 06/30/2026". Part 1 opens with the Rates and Fees Table and explanations of 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

Qualifications & exceptions

• The date is the "As of" date printed on this Part 1; the passage does not say whether it is an effective date or a publication date.

Not stated here

• Whether "As of: 06/30/2026" is the date the terms take effect is not stated in this passage.

Legal Rights & Agreement Rules · Context

What makes up your Card Member Agreement

Part 1, Part 2, Part 3 and any supplements or amendments together make up the Card Member Agreement. You can request a copy through your online account or by calling the number on the back of your Card. The rewards program terms appear in a Supplement to the Card Member Agreement.

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.

Supplement to the Card Member Agreement

Qualifications & exceptions

• The supplement that follows contains the reward program terms.

Not stated here

• Amendments are not supplied with this document; their content is not known from this source.

Legal Rights & Agreement Rules · Restriction or exception

American Express is not responsible for Points once credited to Hilton

American Express says it is not responsible for Points after they are credited to your Hilton Honors program account, nor for the actions of Hilton on that account. Hilton Honors membership and redemption of Points are subject to the Hilton Honors Terms and Conditions. For detailed information about Card benefits the agreement points to go.amex/KFDqPD.

Supporting quotations

We are not responsible for Points after they are credited to your Hilton Honors program account. We are also not responsible for the actions of Hilton on your Hilton Honors program account. Hilton Honors membership and redemption of Points are subject to Hilton Honors Terms and Conditions. Visit HiltonHonors.com/terms for more information. Additional Details: For detailed information about Card benefits please visit go.amex/KFDqPD.

Qualifications & exceptions

• The disclaimer begins once the Points are credited to the Hilton Honors account.

Not stated here

• The Hilton Honors Terms and Conditions and the Card benefits page are not supplied in this document.

Legal Rights & Agreement Rules · Context

Using the Account or keeping the Card means you accept the Agreement

This Part 2, 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 sign or keep the Card, you agree to its terms. 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

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.

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.

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

Qualifications & exceptions

• Acceptance is by conduct: using the Account, or signing or keeping the Card.
• The cancel-without-fees right is stated for the situation where the Account has not yet been used or a payment has not yet been made after receiving a billing statement.

Not stated here

• The sentence "If you have not yet used the Account or made a payment on the Account" can be read as requiring both conditions or either one; the wording does not settle which, and no deadline for cancelling is stated here.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement; oral changes do not count

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

Supporting quotations

Changing the Agreement: 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 limited by "applicable law".
• The passage does not describe a notice process for changes.

Not stated here

• How, and with how much notice, changes are communicated is not stated in this passage.
• Any rights you may have to reject a change are not stated here.

Legal Rights & Agreement Rules · Context

Who "we", "you" and "Card" mean

"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 it, 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 issued to access the 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 an Additional Card Member.
• "Card" includes other devices issued to access the Account, not only plastic cards.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: a 36 percent annual percentage rate limit for covered members

The agreement states that federal law protects members of the Armed Forces and their dependents in consumer credit, and that in general the cost of consumer credit to such a member and dependent may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable, credit insurance premiums, fees for ancillary products sold with the credit transaction, any application fee (other than certain ones) and any participation fee (other than certain ones for a credit Card Account). It also offers a phone number, 855-531-0379, to listen to this statement and a description of your payment obligation.

Supporting quotations

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

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

• Applies to members of the Armed Forces and their dependents.
• The statement says "in general", and the exceptions for certain fees are named but not listed.

Not stated here

• The "certain application fees" and "certain participation fees" that are excluded from the rate are not listed in this passage.
• How the rate limit applies to this Account's APRs is not stated.

Legal Rights & Agreement Rules · User right or choice

Covered borrowers are not bound by the Arbitration provision unless they elect arbitration

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of the Agreement will not apply to you in connection with this Account. If you elect arbitration, American Express says it 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 carve-out depends on being a covered borrower under the Military Lending Act.

Not stated here

• The passage does not define "covered borrower" beyond the Military Lending Act reference; the Claims Resolution terms are analyzed in their own section.

Legal Rights & Agreement Rules · Permission or license

American Express may sell or transfer the Account without telling you; you may not

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.

Supporting quotations

Assigning the Agreement: 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.

Qualifications & exceptions

• The restriction on assignment runs against you only.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive it

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

Supporting quotations

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

Legal Rights & Agreement Rules · Context

Utah and federal law govern; Maryland billing addresses have a special election

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. If your 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 your Account.

Supporting quotations

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

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" Maryland law applies.

Not stated here

• The Maryland statute is cited by name only and its content is not supplied here.

Legal Rights & Agreement Rules · Context

Oregon residents: service charges within legal limits; you may pay more than the minimum

The Notice to Oregon Residents says 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.

Not stated here

• The passage does not define who counts as an Oregon resident (billing address or otherwise).

Legal Rights & Agreement Rules · User right or choice

Washington residents: not responsible for interest caused solely by a merchant's delayed credit

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 the credit. The same applies to American Express's failure to post the 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

• The protection covers interest that results solely from the delayed credit.
• It depends on you having notified American Express of the merchant's delay.

Not stated here

• The cited Washington statute is named only; its text is not supplied here and is not described.

Legal Rights & Agreement Rules · Context

Call Customer Service first; arbitration can be rejected within 45 days

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

Supporting quotations

Claims Resolution

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.

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

Qualifications & exceptions

• The rejection window runs from your first Card purchase.
• Rejection must be by written notice mailed within 45 days, with the content the rejection subsection requires.

Legal Rights & Agreement Rules · Context

"You" and "us" in this section include related companies and persons

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

Supporting quotations

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

Qualifications & exceptions

• The wider meaning applies only within this section.

Not stated here

• "Related persons or entities" is not defined here.

Legal Rights & Agreement Rules · Context

"Claim" covers almost any dispute about the Account, advertising, benefits, rewards or your application

A Claim is 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 a product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements or its balances, advertisements, promotions or statements about accounts or goods or services financed, 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

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 list uses "includes but is not limited to", so it is not exhaustive.
• Disputes about the validity, enforceability or scope of the Arbitration provision itself are carved out of the definition.
• Rewards program disputes are named as claims.

Legal Rights & Agreement Rules · Procedure

Send a written claim notice before any lawsuit, mediation or arbitration

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to give an opportunity to resolve the claim informally or through mediation. The notice must describe the claim and state the specific relief demanded. Notice to you may be given on your billing statement or sent to your billing address. Notice to American Express must include your name, address and Account number and go 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 relief demanded in the claim notice is not disclosed to the arbitrator until after the arbitrator rules. A sample notice is at americanexpress.com/claim.

Supporting quotations

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

The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.

If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Qualifications & exceptions

• The duty to send a claim notice applies to both you and American Express and comes before a lawsuit, mediation or arbitration.

Not stated here

• The sample claim notice at the linked page is not supplied in this document.
• The passage does not state how long the parties must wait after the notice before starting proceedings.

Legal Rights & Agreement Rules · Procedure

Mediation: submit to JAMS or AAA within 30 days of the claim notice; American Express pays the mediator

In mediation a neutral mediator helps the parties reach agreement without deciding the claim. Before beginning mediation, you or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association (AAA) (1-800-778-7879, adr.org) for mediation. American Express will pay the fees of the mediator.

Supporting quotations

Mediation: In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

Qualifications & exceptions

• The 30 days run from sending or receiving the claim notice.

Not stated here

• The passage does not say what happens if neither side submits the claim within 30 days, other than that failure to submit does not affect the right to elect arbitration.

Legal Rights & Agreement Rules · Procedure

Mediation is confidential, pauses time limits and can be ended at any time

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 the mediation ends. Either you or American Express may end the mediation at any time. Submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

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

All applicable statutes of limitation will be tolled from the date you or we send the claim notice until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

Qualifications & exceptions

• Tolling starts when the claim notice is sent, not when mediation begins.

Legal Rights & Agreement Rules · Permission or license

Either side may elect individual arbitration of any claim

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. American Express will not elect arbitration for a claim you file in small claims court, as long as the claim is individual and pending only in that court. Otherwise either side may elect arbitration at any time unless the claim has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing or not exercise its rights under the Arbitration provision, including the right to arbitrate, without waiving them.

Supporting quotations

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

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. 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 exception protects only individual claims pending only in small claims court.
• The election right ends once trial has begun or final judgment has been entered.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration means no court, no jury, no class actions and very limited review

If any party chooses arbitration, neither you nor American Express will have the right to litigate that claim in court or have a jury trial on it, or to participate in a representative capacity or as a member of any class for a 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 and any judgment confirming it applies only to that case and cannot be used in another case except to enforce the award. Decisions are as enforceable as a court order and subject to very limited court review. Except as set forth below, the decision is final and binding; the award is subject to each party's right to appeal as stated in the section. Other rights you would have in court may also not be available in arbitration.

Supporting quotations

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

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.

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.

Qualifications & exceptions

• These consequences follow whenever any party chooses arbitration, including American Express.
• "Final and binding" is qualified by the appeal procedure in the Arbitration Procedures passage.
• The Military Lending Act carve-out (Part 2) removes the Arbitration provision for covered borrowers unless they elect arbitration.

Not stated here

• The appeal procedure and other rules sit in the Arbitration Procedures passage, which is analyzed separately; this card does not describe them in detail.

Legal Rights & Agreement Rules · Procedure

Arbitration goes to JAMS or AAA, chosen by the party that elects it

Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to either JAMS or the 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. 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

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

Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.

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

Qualifications & exceptions

• If the Agreement conflicts with the organization's rules, the Agreement controls.
• The statute is cited by name; its text is not supplied here.

Not stated here

• The text of section 5 of the Federal Arbitration Act is not supplied in this document and is not described.

Legal Rights & Agreement Rules · Restriction or exception

No arbitration for individual small claims cases; election allowed 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. Otherwise you or American Express may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing or not exercise rights under the Arbitration provision, including the right to arbitrate, without waiving them.

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 commitment not to elect arbitration is American Express's; it covers claims that are individual and pending only in small claims court.

Not stated here

• The text speaks only of American Express not electing arbitration; it does not state whether you could elect arbitration of your own small claims case.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is on an individual basis only; no class or representative arbitration

If either party elects arbitration, the claim 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.

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.

Qualifications & exceptions

• Applies once either party elects arbitration.

Legal Rights & Agreement Rules · Restriction or exception

If the class/representative limits are invalid, the whole Arbitration provision falls away

If any portion of the Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply, without waiving the right to appeal that decision. Elsewhere the Claims Resolution section says invalidity of other portions of that section does not invalidate the rest, except as provided in the Limitations on Arbitration.

Supporting quotations

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

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

Qualifications & exceptions

• The Limitations on Arbitration are treated differently from the rest of the section: their invalidity removes all of the Arbitration provision.

Not stated here

• The passage does not say what court or process decides invalidity.

Legal Rights & Agreement Rules · Procedure

The FAA governs; the arbitrator applies substantive law and may award court-available relief

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does not apply 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. At any party's request the arbitrator provides a brief written explanation of the award.

Supporting quotations

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

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

Qualifications & exceptions

• Relief is subject to the Limitations on Arbitration (individual basis only).

Legal Rights & Agreement Rules · Company commitment

Arbitration is confidential, with an exception for notifying government authorities

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

Supporting quotations

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

• The non-disclosure sentence is written about American Express ("we will not disclose"); the earlier sentence says the arbitration "will be confidential" for both.

Not stated here

• The passage does not say whether you are restricted from disclosing the proceeding yourself.

Legal Rights & Agreement Rules · User right or choice

Small claims of $10,000 or less: you choose the hearing type; hearings are near where you live

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on documents, through a telephonic hearing, or by an in-person hearing. At 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 your election, arbitration hearings will take place in the federal judicial district of your residence.

Qualifications & exceptions

• The three-way choice is for claims of $10,000 or less.
• The venue choice is stated as "at your election".

Legal Rights & Agreement Rules · Procedure

Awards are final and binding but can be appealed within 35 days to a three-arbitrator panel

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and to challenge or appeal an award under the FAA. This qualifies the earlier statement that the decision is final and binding "except as set forth below". To appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Supporting quotations

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

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

• The appeal right belongs to each party.
• The panel decides "anew" only the aspects objected to.

Not stated here

• The cost of an appeal is not stated in this passage.

Legal Rights & Agreement Rules · Company commitment

A minimum $5,000 award plus fees if you beat American Express's final offer

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 award will include any money to which you are entitled, but in no case less than $5,000, and 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 a ruling for more than American Express's final offer before the final hearing.

Not stated here

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

Legal Rights & Agreement Rules · User right or choice

How to reject the Arbitration provision

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, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature; no one else may sign it. If the notice complies, the Arbitration provision and any other arbitration provisions in the Card Member agreements for your other currently open American Express accounts will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration when 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

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

• Rejection must be mailed within 45 days of the first Card purchase and must meet all content requirements to be effective.
• Rejecting also removes arbitration provisions in agreements for your other currently open accounts, with stated exceptions.

Not stated here

• The sample rejection notice at the linked page is not supplied in this document.

Legal Rights & Agreement Rules · Context

The Claims Resolution section survives closing, 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; on a sale, its terms apply to the buyer of the Account.

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

Legal Rights & Agreement Rules · Company practice

Notices are sent by mail, courier or electronically and count as given when sent

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.

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Sending you notices: 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 mailed or delivered electronically, not when you receive or read it.

Not stated here

• Which contact details are "in our records" depends on what you have provided; see the change-of-contact card.

Legal Rights & Agreement Rules · Restriction or exception

If American Express credits a disputed charge, you transfer your claims against the merchant to it

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, you agree not to pursue any claim against the merchant for the credited amount, and you must cooperate with American Express if it decides to pursue the merchant.

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

Qualifications & exceptions

• The crediting is discretionary ("may credit").
• The assignment covers claims for the credited amount and excludes tort claims.

Not stated here

• The procedure and deadlines for disputing a charge are not described in this passage.